π§ #Question@CurrentLegalGK
Can there be a situation in India where there will be no president as per law? whether the same law applies to vice president cite law on point.
Can there be a situation in India where there will be no president as per law? whether the same law applies to vice president cite law on point.
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https://www.livelaw.in/supreme-court/right-to-digital-access-part-of-article-21-supreme-court-directs-to-make-ekyc-process-accessible-to-persons-with-disabilities-290778
π₯οΈπ² βΏ AMAR JAIN v. UoI
The principle of substantive equality demands that digital transformation be both inclusive and equitable. As already pointed out, persons with disabilities encounter unique barriers in accessing online services due to the lack of accessible websites, applications and assisted technologies. Similarly, individuals in remote or rural areas often face poor connectivity, limited digital literacy and the scarcity of content in regional languages, effectively denying them meaningful access to e-governance and welfare delivery systems.
In such circumstances, the State's obligation under Article 21 read with Articles 14, 15 and 38 of the Constitution must encompass the responsibility to ensure that digital infrastructure, government portals, online learning platforms, and financial technologies are universally accessible, inclusive and responsive to the needs to all vulnerable marginalised populations.
Bridging the digital divide is no longer a matter of policy discretion but has become a constitutional imperative to secure a life of dignity, autonomy and equal participation in public life.
:
The right to digital access therefore emerges as an instinctive component of the right to life and liberty, necessitating that the state proactively design and implement inclusive digital ecosystem that serves not only the privileged but also the marginalised and those who are being historically excluded."
#COI@CurrentLegalGK
The principle of substantive equality demands that digital transformation be both inclusive and equitable. As already pointed out, persons with disabilities encounter unique barriers in accessing online services due to the lack of accessible websites, applications and assisted technologies. Similarly, individuals in remote or rural areas often face poor connectivity, limited digital literacy and the scarcity of content in regional languages, effectively denying them meaningful access to e-governance and welfare delivery systems.
RATIO:
In such circumstances, the State's obligation under Article 21 read with Articles 14, 15 and 38 of the Constitution must encompass the responsibility to ensure that digital infrastructure, government portals, online learning platforms, and financial technologies are universally accessible, inclusive and responsive to the needs to all vulnerable marginalised populations.
Bridging the digital divide is no longer a matter of policy discretion but has become a constitutional imperative to secure a life of dignity, autonomy and equal participation in public life.
THE RIGHT
:
The right to digital access therefore emerges as an instinctive component of the right to life and liberty, necessitating that the state proactively design and implement inclusive digital ecosystem that serves not only the privileged but also the marginalised and those who are being historically excluded."
#COI@CurrentLegalGK
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[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-sectionβ¦
SAJHUDHEEN v. SUB INSPECTOR OF POLICE 2025 KER HC
Sole testimony of wife capable of conviction?
"...it is to be noted that, in cases relating to domestic violences, it is not prudent to look for independent corroboration for the evidence of a victim, particularly when the incidents of domestic violence including ill-treatments and harassments often occur within the confines of a house. Therefore, I am of the view that there is nothing wrong in relying on the solitary evidence of PW1 in entering into a conviction, provided the evidence is convincing and reliable".
What does not constitutes Cruelty
" In essence, not every instance of harassment and ill-treatment amounts to cruelty. Only those acts that fall within the 1st and the 2nd limb of the explanation to Section 498-A, defining cruelty, would qualify as acts of cruelty for the purpose of Section 498-A of IPC. Petty quarrels between spouses in a family do not amount to cruelty. Such disagreements are inherent to family life, as husbands and wives, being human, are prone to differences of opinion and trivial verbal altercations. These natural occurrences, by themselves, do not amount to cruelty. Likewise, a single instance of harassment generally does not constitute an offence under Section 498-A of the IPC. However, it cannot be said in absolute terms that a series of acts of cruelty is always needed to prove cruelty. A single act may suffice for a conviction under Section 498-A of IPC, if it is severe enough to meet the legal definition of cruelty".
#DV@CurrentLegalGK
Sole testimony of wife capable of conviction?
"...it is to be noted that, in cases relating to domestic violences, it is not prudent to look for independent corroboration for the evidence of a victim, particularly when the incidents of domestic violence including ill-treatments and harassments often occur within the confines of a house. Therefore, I am of the view that there is nothing wrong in relying on the solitary evidence of PW1 in entering into a conviction, provided the evidence is convincing and reliable".
What does not constitutes Cruelty
" In essence, not every instance of harassment and ill-treatment amounts to cruelty. Only those acts that fall within the 1st and the 2nd limb of the explanation to Section 498-A, defining cruelty, would qualify as acts of cruelty for the purpose of Section 498-A of IPC. Petty quarrels between spouses in a family do not amount to cruelty. Such disagreements are inherent to family life, as husbands and wives, being human, are prone to differences of opinion and trivial verbal altercations. These natural occurrences, by themselves, do not amount to cruelty. Likewise, a single instance of harassment generally does not constitute an offence under Section 498-A of the IPC. However, it cannot be said in absolute terms that a series of acts of cruelty is always needed to prove cruelty. A single act may suffice for a conviction under Section 498-A of IPC, if it is severe enough to meet the legal definition of cruelty".
#DV@CurrentLegalGK
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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-propertyβ¦
π¨ββοΈπ¨ββοΈπ¨ββοΈ
Question to be considered.
Is a Hindu wife entitled to receive maintenance from the immovable property of her husband dehors the provisions of the Hindu Adoptions and Maintenance Act, 1956? (conflicting judgments of division bench)
Applicability of section 39 of transfer of property act is also questioned.
#TPA@CurrentLegalGK
Sulochna v. Anitha (referred to full bench)Question to be considered.
Is a Hindu wife entitled to receive maintenance from the immovable property of her husband dehors the provisions of the Hindu Adoptions and Maintenance Act, 1956? (conflicting judgments of division bench)
Applicability of section 39 of transfer of property act is also questioned.
#TPA@CurrentLegalGK
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sivanandan-610724.pdf
π¨ββοΈ SIVANANDAN v. ANI 2025 (KER HC)
1. SECTION 68 EVIDENCE ACT:
The proviso to Section 68 of the Act, 1872, mandates the requirement of examining the attesting witness, if the gift deed is denied by the executant.
(Surendra Kumar v. Nathulal, 2001)
2. ARTICLE 61 LIMITATION v. SECTION 60 TPA
No doubt, the period of limitation for redemption of mortgage is governed by Article 61 of the Limitation Act 1963. However, the said provision must be read along with Section 60 of the Transfer of Property Act, 1882. The right of redemption is a statutory right and can be extinguished only by the stipulations contained under the proviso to Section 60. Proviso to Section 60 says that the right conferred under the section can be extinguished by the act of the parties or decree of a court. It must be remembered that when the right of redemption is curtailed on the ground that the suit is not filed within 30 years from the date of mortgage, then the same will be in conflict with proviso to Section 60 of the Act of 1882.
"In the absence of any suit for foreclosure, going by the principle, once a mortgage is always a mortgage, the right to redeem the mortgage continues until a decree for sale is passed in a suit for foreclosure and that the property is put for sale upon a final decree being passed. Therefore, the trial court as well as the first appellate court erred egregiously in holding that the suit for redemption of mortgage was time barred
3. REGISTRAR CAN BE A WITNESS?
There is no bar under Section 123 of the Act, 1882, for a Registrar to be an attesting witness, provided he has signed the gift deed with the required animusβ (Animus Attestandi)
#TPA@CurrentLegalGK
1. SECTION 68 EVIDENCE ACT:
The proviso to Section 68 of the Act, 1872, mandates the requirement of examining the attesting witness, if the gift deed is denied by the executant.
(Surendra Kumar v. Nathulal, 2001)
2. ARTICLE 61 LIMITATION v. SECTION 60 TPA
No doubt, the period of limitation for redemption of mortgage is governed by Article 61 of the Limitation Act 1963. However, the said provision must be read along with Section 60 of the Transfer of Property Act, 1882. The right of redemption is a statutory right and can be extinguished only by the stipulations contained under the proviso to Section 60. Proviso to Section 60 says that the right conferred under the section can be extinguished by the act of the parties or decree of a court. It must be remembered that when the right of redemption is curtailed on the ground that the suit is not filed within 30 years from the date of mortgage, then the same will be in conflict with proviso to Section 60 of the Act of 1882.
"In the absence of any suit for foreclosure, going by the principle, once a mortgage is always a mortgage, the right to redeem the mortgage continues until a decree for sale is passed in a suit for foreclosure and that the property is put for sale upon a final decree being passed. Therefore, the trial court as well as the first appellate court erred egregiously in holding that the suit for redemption of mortgage was time barred
3. REGISTRAR CAN BE A WITNESS?
There is no bar under Section 123 of the Act, 1882, for a Registrar to be an attesting witness, provided he has signed the gift deed with the required animusβ (Animus Attestandi)
#TPA@CurrentLegalGK
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BREAKING| No Arrest In 498A FIRs For 2 Months; Refer Cases To Family Welfare Committees : Supreme Court Endorses Allahabad HC Guidelines
https://www.livelaw.in/supreme-court/no-arrest-s498a-ipc-refer-cases-to-family-welfare-committees-supreme-court-endorses-allahabad-hc-guidelines-298454
https://www.livelaw.in/supreme-court/no-arrest-s498a-ipc-refer-cases-to-family-welfare-committees-supreme-court-endorses-allahabad-hc-guidelines-298454
www.livelaw.in
No Arrest In 498A FIRs For 2 Months; Refer Cases To Family Welfare Committees : Supreme Court Endorses Allahabad HC Guidelines
The Supreme Court today (July 22) endorsed the
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BNSS-Possible Pleas By The Proposed Accused At The Pre-Cognizance Stage
https://www.livelaw.in/articles/cognizance-of-offence-mandatory-accused-hearing-section-223-bnss-analysis-298387
IMPORTANT FOR #BNSS@CurrentLegalGK section 223
https://www.livelaw.in/articles/cognizance-of-offence-mandatory-accused-hearing-section-223-bnss-analysis-298387
IMPORTANT FOR #BNSS@CurrentLegalGK section 223
www.livelaw.in
BNSS-Possible Pleas By The Proposed Accused At The Pre-Cognizance Stage
Before taking cognizance of an offence, on a complaint filed on or after 01.07.2024, the Magistrate shall afford the accused an opportunity of being heard. Compliance with this requirement...
Registered Will Carries Presumption Of Genuineness; Burden Of Proof On Party Disputing Its Validity : Supreme Court
https://www.livelaw.in/supreme-court/registered-will-carries-presumption-of-genuineness-burden-of-proof-on-party-disputing-its-validity-supreme-court-298355
https://www.livelaw.in/supreme-court/registered-will-carries-presumption-of-genuineness-burden-of-proof-on-party-disputing-its-validity-supreme-court-298355
www.livelaw.in
Registered Will Carries Presumption Of Genuineness; Burden Of Proof On Party Disputing Its Validity : Supreme Court
The Supreme Court on Monday (July 21) reiterated that a registered 'Will' carries a presumption of due execution and genuineness, and the burden of proof lies heavily on the party challenging the...
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BREAKING| No Arrest In 498A FIRs For 2 Months; Refer Cases To Family Welfare Committees : Supreme Court Endorses Allahabad HC Guidelines https://www.livelaw.in/supreme-court/no-arrest-s498a-ipc-refer-cases-to-family-welfare-committees-supreme-court-endorsesβ¦
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26. The transfer petitions and special leave petitions are disposed of in terms of the above order. The guidelines framed by the High Court of Allahabad in the impugned judgment dated 13.06.2022 in Criminal Revision No. 1126 of 2022 vide paras 32 to 38, with regard to βConstitution of Family Welfare Committees for safeguards regarding misuse of Section 498A, IPC shall remain in effect and be implemented by the appropriate authorities.
#BNS@CurrentLegalGK
#DV@CurrentLegalGK
#DOWRY@CurrentLegalGK
Shivangi Bansal v. Sahib Bansal26. The transfer petitions and special leave petitions are disposed of in terms of the above order. The guidelines framed by the High Court of Allahabad in the impugned judgment dated 13.06.2022 in Criminal Revision No. 1126 of 2022 vide paras 32 to 38, with regard to βConstitution of Family Welfare Committees for safeguards regarding misuse of Section 498A, IPC shall remain in effect and be implemented by the appropriate authorities.
#BNS@CurrentLegalGK
#DV@CurrentLegalGK
#DOWRY@CurrentLegalGK
Section 498A Judgment.pdf
566.6 KB
social action forum for manav adhikar 2018
mukesh-bansal-v-state-of-up-allahabad-high-court-421957.pdf
341.5 KB
mukesh-bansal-v-state-of-up-allahabad-high-court-421957.pdf
allahabad high court 2022 revision
allahabad high court 2022 revision
Let's see the validity of the recent judgment on reaffirming guidelines on formation of family welfare committee.
Today you will get the analysis.
@CurrentLegalGK
Today you will get the analysis.
@CurrentLegalGK
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89dd8a229775243cc9d34a29bc20bc5d867f943657d0740f6c3766551197d0001753272328.pdf
5.4 MB
Anoop Baranwal v. Union of India 2023 (also has a dissenting judgment)Page 124 is the ending of analysis of law on whether Right to vote is a constitutional right emanating from article 326 or it is a mere statutory right under representation of peoples act 1950
#COI@CurrentLegalGK
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Himachal tribal woman marries 2 brothers: What the law says on polyandry π
#explained_law #express_explained #express_premium #himachal_pradesh
#explained_law #express_explained #express_premium #himachal_pradesh
Express Explained
Himachal tribal woman marries 2 brothers: What the law says on polyandry
Polyandry and polygamy are outlawed by the Special Marriages Act, the Hindu Marriage Act, 1955 and criminalised under the Bharatiya Nyaya Sanhita
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Himachal tribal woman marries 2 brothers: What the law says on polyandry π #explained_law #express_explained #express_premium #himachal_pradesh
#Question@CurrentLegalGK
Explain briefly the constitutional validity of personal laws related to matrimonial and incidental subject matters.
Explain briefly the constitutional validity of personal laws related to matrimonial and incidental subject matters.
#Tip@CurrentLegalGK
As law students, advocates, judges, professors, law officers ot is very important for us to not rely on the headlines of Any News Agency whether it is purely law centric or not.
At times when we are deeply devoted to news consumption we start giving much reliance to them therefore this Fundamental aspect must always be in active position while reading anything.
Similar thing goes with judgments when we read any judgment we should keep in mind the basic laws in the form of statutes or landmark judgments.
As law students, advocates, judges, professors, law officers ot is very important for us to not rely on the headlines of Any News Agency whether it is purely law centric or not.
At times when we are deeply devoted to news consumption we start giving much reliance to them therefore this Fundamental aspect must always be in active position while reading anything.
Similar thing goes with judgments when we read any judgment we should keep in mind the basic laws in the form of statutes or landmark judgments.
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A.V. Papayya Sastry
v.
Govt. of A.P.
(2007) βA judgment, decree or order obtained by playing fraud on the court, tribunal or authority is a nullity and non est in the eye of the law. Such a judgment, decree or orderβby the first court or by the final courtβhas to be treated as nullity by every court, superior or inferior. It can be challenged in any court, at any time, in appeal, revision, writ or even in collateral proceedings.β
Fraud defeats everything even a judgment, see Bilkis bano judgment as well.
#CPC@CurrentLegalGK
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