89dd8a229775243cc9d34a29bc20bc5d867f943657d0740f6c3766551197d0001753272328.pdf
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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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#MCQ@CurrentLegalGK
Meena and Raj, a married couple, jointly own a house. Raj dies intestate. Meena is Hindu and Raj was Christian. How will the property of Raj devolve?
(a) As per Special Marriage Act, 1954.
(b) As per the Hindu Succession Act.
(c) As per the Indian Succession Act, 1925
(d) Escheat
Meena and Raj, a married couple, jointly own a house. Raj dies intestate. Meena is Hindu and Raj was Christian. How will the property of Raj devolve?
(a) As per Special Marriage Act, 1954.
(b) As per the Hindu Succession Act.
(c) As per the Indian Succession Act, 1925
(d) Escheat
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#MCQ@CurrentLegalGK
'Persona non grata' means:
(a) Unwelcome person in diplomatic term
(b) No gratification to be taken by a diplomatic person
(c) No criminal or civil liability for a diplomatic person.
(d) Privileges of diplomatic person cannot be curtailed
'Persona non grata' means:
(a) Unwelcome person in diplomatic term
(b) No gratification to be taken by a diplomatic person
(c) No criminal or civil liability for a diplomatic person.
(d) Privileges of diplomatic person cannot be curtailed
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#MCQ@CurrentLegalGK
In April, 2025, the CBI launched, which operation against Digital Arrest?
(a) Operation Chakra - V
(b) Operation Keller - V
(e) Operation Imposter -V.
(d) Operation Freedom - V
In April, 2025, the CBI launched, which operation against Digital Arrest?
(a) Operation Chakra - V
(b) Operation Keller - V
(e) Operation Imposter -V.
(d) Operation Freedom - V
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#MCQ@CurrentLegalGK
There exists a presumption under POCSO Act, 2012 regarding:
(a) Commission of an offence.
(b age of the victim
(c) age of the accused
(d) none of the above
There exists a presumption under POCSO Act, 2012 regarding:
(a) Commission of an offence.
(b age of the victim
(c) age of the accused
(d) none of the above
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#MCQ@CurrentLegalGK
'S' is alleged to have committed offence under Section 406 of Indian Penal Code. He participates in the investigation and he was not arrested. While filing chargesheet in Court, the Investigating Officer-
(a must arrest 'S' and produce him before the Court
(b must initiate coercive measures for 'S's arrest
(c) cannot arrest 'S'
(d) must require 'S' to obtain bail,
'S' is alleged to have committed offence under Section 406 of Indian Penal Code. He participates in the investigation and he was not arrested. While filing chargesheet in Court, the Investigating Officer-
(a must arrest 'S' and produce him before the Court
(b must initiate coercive measures for 'S's arrest
(c) cannot arrest 'S'
(d) must require 'S' to obtain bail,
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#MCQ@CurrentLegalGK
Hindu Marriage between 'A' (husband) and B (wife) is dissolved by a decree of divorce after contest. 'B' files an appeal against that order, within limitation. However, the stay application filed in that appeal, remains pending. In such facts:-
(a) 'A' can remarry during pendency of appeal
(b) 'A' cannot remarry during pendency of appeal
(c) 'A' can remarry with the permission of the Appeal Court
(d) None of the above
Hindu Marriage between 'A' (husband) and B (wife) is dissolved by a decree of divorce after contest. 'B' files an appeal against that order, within limitation. However, the stay application filed in that appeal, remains pending. In such facts:-
(a) 'A' can remarry during pendency of appeal
(b) 'A' cannot remarry during pendency of appeal
(c) 'A' can remarry with the permission of the Appeal Court
(d) None of the above
#Question@CurrentLegalGK
2 Hindus marry under special marriage act their intestate and testamanetary succession of proprerty will be governed by __?
a. Mitakshara law
b. Dayabhaga law.
c. Hindu Succession Act.
d. Indian Succession Act
e. As per choice*
#MCQ@CurrentLegalGK
2 Hindus marry under special marriage act their intestate and testamanetary succession of proprerty will be governed by __?
a. Mitakshara law
b. Dayabhaga law.
c. Hindu Succession Act.
d. Indian Succession Act
e. As per choice*
Not sure? give a glance to SMA
[21A. Special provision in certain cases.βWhere the marriage is solemnized under this Act of any
person who professes the Hindu, Buddhist, Sikh or Jaina religion with a person who professes the Hindu,
Buddhist, Sikh or Jaina religion, section 19 and section 21 shall not apply and so much of section 20 as creates a disability shall also not apply
#MCQ@CurrentLegalGK
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They are issued for fugitives wanted either for prosecution or to serve a sentence. A Red Notice is a request to law enforcement agencies worldwide to locate and provisionally arrest a person pending extradition, surrender, or similar legal action. Further, INTERPOL has designated a National Central Bureau in all its 195 member countries as a single point of contact between law enforcement agencies of that member and INTERPOL. In this regard, the Central Bureau of Investigation (CBI) is officially designated as National Central Bureau of India entrusted with the responsibility to publish, maintain and update the Red Corner Notices against fugitives/offenders as requested by Law enforcement agencies of India from time to time.
Even issued in normal cases such as cruelty where relatives live outside India.
@CurrentLegalGK
Red Corner Notices They are issued for fugitives wanted either for prosecution or to serve a sentence. A Red Notice is a request to law enforcement agencies worldwide to locate and provisionally arrest a person pending extradition, surrender, or similar legal action. Further, INTERPOL has designated a National Central Bureau in all its 195 member countries as a single point of contact between law enforcement agencies of that member and INTERPOL. In this regard, the Central Bureau of Investigation (CBI) is officially designated as National Central Bureau of India entrusted with the responsibility to publish, maintain and update the Red Corner Notices against fugitives/offenders as requested by Law enforcement agencies of India from time to time.
Even issued in normal cases such as cruelty where relatives live outside India.
@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-endorsesβ¦
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Issued Various guidelines on constitution of FWCs and their powers to give report and powers of Sessions judges to quash cases on settlement and guidelines relating to normally no arrest when case is before FWC (of 3 members of paralegal or volunteers etc..)
Held All the above guidelines (rajesh sharma) as invalid as such Interpretation of CrPC was not possible and beyond the criminal code to constitute a separate institute and give quashing like powers to district judges and other cases such as DK basu, arnesh kumar all are within the scope and are intended to curb the police powers.
Other guidelines relating to clubbing of cases, red corner notices and recovery of disputed dowry items not a ground for bail as valid.
This judgment Relied on 2nd case social action forum, 2018 which declared Rajesh sharma, 2017 guidelines as invalid.
This judgment after relying and taking guidance from social action forum (π) issued guidelines again same as rajesh sharma, 2017 and in addition more guidelines of cooling period of 2 months on which no arrest and afyer that matter is sent to FWC and even a 5th year law student can be a member of FWC.
Guidelines framed in 3rd case (allahabad HC) Constitution of Family Welfare Committees for safeguards regarding misuse of Section 498A, IPC shall remain in effect and be implemented by the appropriate authorities.
Critical Analysis:
This 2025 judgment of Supreme Court being a 2 judge bench strength should have considered social action forum 2018 judgment and then proceed to refer it to 3 judge bench and then the 3 judge bench would be eligible to raise doubts on the correctness of decision in social action gorum and then refer it to 5 judge bench and then it could overrule social action forum and implement the guidelines laid down by Allahabad High Court.
Both the judgment of Allahbad (3rd) and Supreme Court (4th) are Sub silentio and per incuriam due to ignorance of law and wrong interpretation of law laid down.
This being against Article 141 the below courts are not obligated to follow these 2 judgments and have duty not to follow them but to refer it again as reference if possible.
Whatever be the case these cases have clearly showcased the social problem of how law and society interacts when a sensitive penal law is introduced to protect one class and when time have elapsed and now half or more portion of that class and not whole of it need that level of one sided protection, misuse comes with great powers, the limits of law are that it cannot take into account subjectivity of every individual any how it has to classify and draw lines and objectify the procedure and that's where the jurisprudential issue arises of law and society interaction.
Nevertheless Achin Gupta v. State of Haryana, 2024 has Recommended to make it compoundable, still we have this debate of 498A where on one hand where genuine object is yet to be achieved by the true stakeholders and on the other hand misuse by the evil elements of society is rising.
#BNS@CurrentLegalGK
#Mybrief@CurrentLegalGK
Family Welfare Committees in Section 498A IPC | 85 86 BNS 1st case: Rajesh Sharma v. State of UP, 2017 --> 2 Judge Bench (unanimous) (Supreme court)
Issued Various guidelines on constitution of FWCs and their powers to give report and powers of Sessions judges to quash cases on settlement and guidelines relating to normally no arrest when case is before FWC (of 3 members of paralegal or volunteers etc..)
2nd Case: Social Action Forum for Manav Adhikar v. UoI, 2018 ---> 3 Judge Bench (unanimous) (Supreme Court)
Held All the above guidelines (rajesh sharma) as invalid as such Interpretation of CrPC was not possible and beyond the criminal code to constitute a separate institute and give quashing like powers to district judges and other cases such as DK basu, arnesh kumar all are within the scope and are intended to curb the police powers.
Other guidelines relating to clubbing of cases, red corner notices and recovery of disputed dowry items not a ground for bail as valid.
3rd case: Criminal revision before Allahbad High court Criminal revision No. Β 1126 of 2022 (1JB)
This judgment Relied on 2nd case social action forum, 2018 which declared Rajesh sharma, 2017 guidelines as invalid.
This judgment after relying and taking guidance from social action forum (π) issued guidelines again same as rajesh sharma, 2017 and in addition more guidelines of cooling period of 2 months on which no arrest and afyer that matter is sent to FWC and even a 5th year law student can be a member of FWC.
4th Case: Shivangi Bansal v. Sahib Bansal, 2025 (same as 3rd one) 2 Judge Bench (Supreme court)
Guidelines framed in 3rd case (allahabad HC) Constitution of Family Welfare Committees for safeguards regarding misuse of Section 498A, IPC shall remain in effect and be implemented by the appropriate authorities.
Critical Analysis:
This 2025 judgment of Supreme Court being a 2 judge bench strength should have considered social action forum 2018 judgment and then proceed to refer it to 3 judge bench and then the 3 judge bench would be eligible to raise doubts on the correctness of decision in social action gorum and then refer it to 5 judge bench and then it could overrule social action forum and implement the guidelines laid down by Allahabad High Court.
Both the judgment of Allahbad (3rd) and Supreme Court (4th) are Sub silentio and per incuriam due to ignorance of law and wrong interpretation of law laid down.
This being against Article 141 the below courts are not obligated to follow these 2 judgments and have duty not to follow them but to refer it again as reference if possible.
Whatever be the case these cases have clearly showcased the social problem of how law and society interacts when a sensitive penal law is introduced to protect one class and when time have elapsed and now half or more portion of that class and not whole of it need that level of one sided protection, misuse comes with great powers, the limits of law are that it cannot take into account subjectivity of every individual any how it has to classify and draw lines and objectify the procedure and that's where the jurisprudential issue arises of law and society interaction.
Nevertheless Achin Gupta v. State of Haryana, 2024 has Recommended to make it compoundable, still we have this debate of 498A where on one hand where genuine object is yet to be achieved by the true stakeholders and on the other hand misuse by the evil elements of society is rising.
Free to comment to share answers on how to solve this debate, need practical out of the box solutions.
#BNS@CurrentLegalGK
#Mybrief@CurrentLegalGK
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Bachan Singh vs State Of Punjab on 9 May, 1980
https://indiankanoon.org/doc/1235094/
Direct and Indirect test under Article 19 AK gopalan.
#COI@CurrentLegalGK
https://indiankanoon.org/doc/1235094/
Direct and Indirect test under Article 19 AK gopalan.
#COI@CurrentLegalGK
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'Employment Bond Valid, Doesn't Violate S.27 Contract Act' : Supreme Court Upholds Rs 2 Lakh Penalty For Premature Resignation
https://www.livelaw.in/supreme-court/employment-bond-valid-doesnt-violate-s27-contract-act-supreme-court-upholds-rs-2-lakh-penalty-premature-resignation-292226
https://www.livelaw.in/supreme-court/employment-bond-valid-doesnt-violate-s27-contract-act-supreme-court-upholds-rs-2-lakh-penalty-premature-resignation-292226
www.livelaw.in
'Employment Bond Valid, Doesn't Violate S.27 Contract Act' : Supreme Court Upholds Rs 2 Lakh Penalty For Premature Resignation
The restrictive covenant prescribing a minimum term cannot be said to be unconscionable, unfair or unreasonable, the Court held.
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'Employment Bond Valid, Doesn't Violate S.27 Contract Act' : Supreme Court Upholds Rs 2 Lakh Penalty For Premature Resignation https://www.livelaw.in/supreme-court/employment-bond-valid-doesnt-violate-s27-contract-act-supreme-court-upholds-rs-2-lakh-penaltyβ¦
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"A plain reading of clause 11 (k) shows restraint was imposed on the respondent to work for a minimum term i.e. three years and in default to pay liquidated damages of Rs. 2 Lakhs. The clause sought to impose a restriction on the respondent's option to resign and thereby perpetuated the employment contract for a specified term. The object of the restrictive covenant was in furtherance of the employment contract and not to restrain future employment. Hence, it cannot be said to be violative of Section 27 of the Contract Act
βThe appellant-bank is a public sector undertaking and cannot resort to private or ad-hoc appointments through private contracts. An untimely resignation would require the Bank to undertake a prolix and expensive recruitment process involving open advertisement, fair competitive procedure lest the appointment falls foul of the constitutional mandate under Articles 14 and 16.β, the court said.
#Question@CurrentLegalGK
#ICA@CurrentLegalGK
Vijay Bank v. Prashant B narnaware."A plain reading of clause 11 (k) shows restraint was imposed on the respondent to work for a minimum term i.e. three years and in default to pay liquidated damages of Rs. 2 Lakhs. The clause sought to impose a restriction on the respondent's option to resign and thereby perpetuated the employment contract for a specified term. The object of the restrictive covenant was in furtherance of the employment contract and not to restrain future employment. Hence, it cannot be said to be violative of Section 27 of the Contract Act
βThe appellant-bank is a public sector undertaking and cannot resort to private or ad-hoc appointments through private contracts. An untimely resignation would require the Bank to undertake a prolix and expensive recruitment process involving open advertisement, fair competitive procedure lest the appointment falls foul of the constitutional mandate under Articles 14 and 16.β, the court said.
Whether this judgment will apply to private contractual employment in corporate sectors?
#Question@CurrentLegalGK
#ICA@CurrentLegalGK
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Explained Interview | Unpacking the National Sports Governance Bill, now in Lok Sabha π
#explained_sports #express_explained
#explained_sports #express_explained
Express Explained
Explained Interview | Unpacking the National Sports Governance Bill, now in Lok Sabha
National Sports Governance Bill features: The National Sports Governance Bill proposes two major changes to the way sport is governed in the country. Eminent sports lawyer Nandan Kamath breaks down the key aspects of the Bill.