𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’
18.9K subscribers
851 photos
11 videos
1.72K files
3.09K links
πŸ“² Contact β†’ @CurrentLegalGKBOT

☺️ 360° Cases on topics.

Keywords: Civil Judge, MPCJ, UP PSCJ, Haryana ADA, DJS, CBI APP, RJS, JLO, CLAT PG, Supreme Court law clerk, AIBE, IBPS, UGC NET.
_____________
🧠 Daily Quiz β†’ @LegalQuizzes

β³πŸš€ Enjoy Learning!
Download Telegram
5_6325710490194417000.pdf
570.9 KB
Vibhor Garg v. Neha, 2025.

Section 122 Evidence act and Right to privacy, Common law and fundamental rights, dissent in kaushal kishore by bv nagarthna, j. (dissent is given preference here, judicial bias?)

Read on telephone tapping and on illegally procured evidence.
1. https://t.me/CurrentLegalGK/6275
2. https://t.me/CurrentLegalGK/6285

section 14 of family court not relied because 122 itself was sufficient therefore the precedent is very important for BSA

#BSA@CurrentLegalGK
😁2πŸ‘Œ2πŸ‘1
🧠#MCQ@CurrentLegalGK

Which of the following is a recent judgment relating to abatement of suit-

(a) Om Prakash Gupta alias Lalloowa (D) and Ors. v. Satish Chandra (D)

(b) Amlesh Kumar v. State of Bihar

(c) Greater Mohali Area Development Authority (GMADA) v. Anupam Garg & Ors.

(d) All of the above
❀4😁2
#MCQ@CurrentLegalGK

In which of the following cases the Honβ€˜ble Supreme Court has held that the most important ingredient is sexual intent and not skin-to-skin contact with child in case of an offence under section 7 of the Protection of Children from Sexual Offences Act, 2012?

(a) Attorney General for India v. Satish and Another (2021)

(b) Solicitor General for India v. Satish and another (2021)

(c) Attorney General for India v. Pritam (2021)

(d) None of the above
❀4😁1
𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’
3486202313150162514judgement17-jul-2025-610558.pdf
πŸ’― RAM CHARAN v. SUKHARAM 2025

QUESTION OF LAW:

Whether a tribal woman (or her legal heirs) would be entitled to an equal share in her ancestral property or not.

FACTS: Legal heirs of Dhaiya (GOND women) from scheduled tribe filed suit for partition of maternal grandfather property (nanaji) but the trial court, 1st appellate court and HC (2nd appellate) held that they couldn't prove that they are governed by hindu succession act 1956, therefore justified in dismissing the suit.

PROVISIONS FOR INTERPRETATION:
1. β€œSection 2(2) HSA, 1956 Notwithstanding anything contained in sub-section (1), nothing contained in this Act shall apply to the members of any Scheduled Tribe within the meaning of clause (25) of article 366 of the Constitution unless the Central Government, by notification in the Official Gazette, otherwise directs.”

2. Section 6 of Central provinces Laws Act 1875,
In cases not provided for by section 5 , or by Rule in cases any other law for the time being in force, the Courts shall act according to justice, equity and good conscience.

Briefly stating section 5 deals with family laws including succession for hindu mohammedan and customary as the case may be.

QUESTION BEFORE SUPREME COURT
SC after perusing the background of case concluded that hindu law has no application because parties could not prove they have adopted hindu tradition & since there no application of HSA, 1956 then customs must be proved but they are too not proved.

So now the whole case is dependent of Section 6 application of 1875 Act

SC held that HC rejection to apply 1875 law that it os repealed is incorrect because of saving clause.

LAW ON JUSTICE, EQUITY & GOOD CONSCIENCE

1. It is applied when there is void in law as in present case NO HSA NO CUSTOM
has any application in Dhaiya's case.

2. Landmark large bench case M. Siddiq v. Suresh Das, 2020 (Ram Janmabhoomi Temple) discussed the law as follows:

"The common underlying thread is that justice, good conscience and equity plays a supplementary role in enabling courts to mould the relief to suit the circumstances that present themselves before courts with the principal purpose of ensuring a just outcome. Where the existing statutory framework is inadequate for courts to adjudicate upon the dispute before them, or no settled judicial doctrine or custom can be availed of, courts may legitimately take recourse to the principles of justice, equity and good conscience to effectively and fairly dispose of the case"

RELIED ON: SC relied on Article 14, 15, 38 and 46 and precendents on equality such as Maneka Gandhi v. UoI 1978 and Shayara Bano v. Union of India, 2019

Excerpt from shayara bano
Overemphasis on the doctrine of classification or an anxious and sustained attempt to discover some basis for classification may gradually and imperceptibly deprive the Article of its glorious content…

HELD: No such custom of female succession could
be established by the appellant-plaintiffs, but nonetheless it is
also equally true that a custom to the contrary also could not be
shown in the slightest, much less proved and therefore relying on Justice Equity and Good conscience and Article 14 of constitution dhaiya and her legal heirs are entitled to equal share in property.

ANALYSIS:
The SC mentioned that trial courts and appellate courts presumed the negative connotation that customs of equal share to women doesn't exist in Gond tribe and cpurts relied on a case of where custom is required to be proved, SC said trial courts could have presumed reciprocally by presuming existence of equal share and let defendants prove there is no equal share.

Well generally the burden of proving is on the person claiming the right but in this case there was a void and in these type of situations basic constiutional ethos must be kept in mind such as equality.

#HSA@CurrentLegalGK
#SUCCESSION@CurrentLegalGK
πŸ‘4❀3πŸ‘1😁1
𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’
Rape Case Can Be Quashed Based On Settlement Between Parties In Exceptional Circumstances : Supreme Court https://www.livelaw.in/supreme-court/rape-case-can-be-quashed-based-on-settlement-between-parties-in-exceptional-circumstances-supreme-court-297783
🧠 MADHUKAR v. STATE OF MAHARASHTRA 2025

FACTS: One FIR was filed for unlawfull assembly and in reaction another FIR was filed for Rape, both parties agreed to settle.

β€œAt the outset, we recognise that the offence under Section 376 IPC is undoubtedly of a grave and heinous nature. Ordinarily, quashing of proceedings involving such offences on the ground of settlement between the parties is discouraged and should not be permitted lightly. However, the power of the Court under Section 482 Cr.P.C. to secure the ends of justice is not constrained by a rigid formula and must be exercised with reference to the facts of each case.”, the court observed.

#BNSS@CurrentLegalGK
πŸ‘3❀1