Promises and Pitfalls of the Draft Arbitration and Conciliation (Amendment) Bill, 2024 | SCC Times
https://www.scconline.com/blog/post/2025/04/30/promises-and-pitfalls-of-the-draft-arbitration-and-conciliation-amendment-bill-2024/

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

Mortgagor's Right To Redeem Usufructuary Mortgage Not Time-Barred, Continues Till Decree Of Sale Is Passed During Foreclosure: Kerala HC
https://www.livelaw.in/high-court/kerala-high-court/mortgagors-right-to-redeem-usufructuary-mortgage-not-time-barred-continues-till-decree-of-sale-is-passed-during-foreclosure-kerala-hc-298040

'Appeal Fully Abates If LRs Of Deceased Party In Joint Decree Not Substituted', Supreme Court Summarises Law On Suit Abatement
https://www.livelaw.in/supreme-court/appeal-fully-abates-if-lrs-of-deceased-party-in-joint-decree-not-substituted-supreme-court-summarises-law-on-suit-abatement-298076

A little buzy, I will share the most important briefs soon.

@CurrentLegalGK

MOCKS ke chakkar me PYQs ko mat bhool jana, RJS has a unique pattern 🤝

@CurrentLegalGK

'AI Tools Not Be Used To Arrive At Judgments' ': Kerala High Court Issues Guidelines For AI Use In District Judiciary
https://www.livelaw.in/high-court/kerala-high-court/kerala-high-court-ai-use-district-judiciary-298139

'When Pre-Cognizance Hearing U/S 223(1) BNSS Is Not Conducted, Further Proceedings Are A Nullity In Law': Calcutta High Court
https://www.livelaw.in/high-court/calcutta-high-court/pre-cognizance-hearing-us-2231-of-bnss-not-conducted-further-proceedings-are-a-nullity-under-law-calcutta-hc-quashes-pmla-case-298118

[S.53A CrPC] Almost Mandatory To Take Blood Samples For DNA Analysis In Rape Cases, Police Can Use Force If Needed: Delhi High Court
https://www.livelaw.in/high-court/delhi-high-court/dna-test-of-accused-can-be-declined-if-absolute-evidence-of-non-access-to-victim-is-shown-delhi-high-court-298070

🧠#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

#MCQ@CurrentLegalGK

In which of the following cases the Hon‘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

💯 RAM CHARAN v. SUKHARAM 2025

💯 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. “Section 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

🧠 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.

“At 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

nbk17072025crlmm29842023184012-610614.pdf

🧬 STATE OF NCT DELHI v. ABHISHEK PARUTHI 2025

FACTS: IO moved an Application under Sections 53/53A
Cr.P.C. seeking permission to get DNA analysis of Abhishek Paruthi to match with that of the foetus. this order of court was challenged in HC criminal revision.

DNA testing, which is an almost perfect science to determine the commission of an offence of rape, must not be declined especially when after 2006, Section 53A Cr.P.C. has been introduced making it almost compulsory in rape cases, to conduct the blood test including the DNA analysis. As has been noted above, in case the police fails to do so, it may invite the wrath of the Court and is also not in the interest of justice. It is one surest way of ascertaining the truth of the matter, which may result in exoneration of an Accused from false implication as much as may work in favour of the victim to bring the guilty to the books. It is not as a DNA Test works only in favour of the victim but in many a cases, may lead to honourable acquittal of the Accused.

WHEN 53A MAY NOT BE COMPULSORY
With regard to 53A The facts of each case have to be examined on their own merits and absolute evidence of non-access and that the factor of non-access to the victim, may be one such consideration for directing or refusing the blood sampling.

DIFFERENCE IN CIVIL AND CRIMINAL CASES IN DNA SAMPLE ORDERS
While there has been much debate in the matrimonial cases where there is a dispute between the husband and wife and the allegations of adultery have been made, the DNA testing which may bastardise the child, may not be in the interest of justice but the same presumptions and the
considerations do not prevail in the criminal case, more so, when it is a case of rape. The expediency and the advancement of technology mandates that the blood sample must be taken for DNA analysis.

#BNSS@CurrentLegalGK
#BSA@CurrentLegalGK

#Question@CurrentLegalGK

Does an accused have a Right to undergo examination under 53/53A of CrPC to prove his innocence? Substantiate your asnwer with a case.

Comment your asnwers 👇

💰👨‍⚖️ TUTU GHOSH v. ED 2025

POINTS FOR DETERMINATION:
1. Whether Section 506(c), BNSS mitigates the irregularity of non compliance of the first proviso to Section 223, BNSS
2. Whether precognizance hearing under Section 223, first proviso is a mere formality, the contravention of which does not render the consequential proceedings invalid.

HELD:
It was observed that Section 210 explains the concept of “empowered by law”. Section 223 is an umbrella provision which governs and circumscribes Section 210, but is itself not the source of power of the Magistrate to take cognizance of offences in the first place. Such power is derived from Section 210 itself. Thus, the expression “empowered by law” used in Section 506 relates to the authority of the Magistrate, be it territorial or hierarchical or otherwise, of the Magistrate to take cognizance under Section 210 in the first place and has nothing to do with the compliance under Section 223, first proviso, the court noted.

#BNSS@CurrentLegalGK

#Question@CurrentLegalGK

What is the consequences of not following a procedure in BNSS whether it vitiates the proceedings, even if it does not fall within the ambit of 506 and 507 of BNSS❓

Is A Hindu Wife Entitled To Receive Maintenance From Immovable Property Of Husband? Kerala High Court Refers To Full Bench
https://www.livelaw.in/high-court/kerala-high-court/kerala-high-court-full-bench-reference-hindu-wife-maintenance-immovable-property-298277

[DV Act] Victim's Sole Testimony Reliable For Conviction As Ill-Treatment Happens In Confines Of House: Kerala High Court Reiterates
https://www.livelaw.in/high-court/kerala-high-court/kerala-high-court-judgment-husband-acquittal-wife-cruelty-case-section-498a-ipc-298255