Our Criminal Justice System Starts With Arrest & Ends With Bail; There's No Conviction Mostly : Justice Joymalya Bagchi
https://www.livelaw.in/top-stories/supreme-court-criminal-justice-system-starts-with-arrest-ends-with-bail-no-trial-conviction-justice-joymalya-bagchi-gangster-cases-298775

Heirship Certificate, Probate & Letter Of Administration – A Simple Legal Guide For Families Dealing With Succession
https://www.livelaw.in/know-the-law/heirship-certificate-probate-and-letter-of-administration-under-indian-succession-act-298782

🕉️ JURISTIC PERSONALITY OF IDOLS


1. History and meaning of legal personality:
From not recognising natural persons in law (during dark ages) to now recognising inanimate objects as legal person we have evolved historically. legal person can be group of natural persons or an inanimate object. to be a legal person is to possess certain rights and duties
under the law and to be capable of engaging in legally enforceable relationships with other legal persons.

2. The rights and liabilities that attach upon the object conferred with
juristic personality, must be determined keeping in mind the specific reasons for which such legal personality was conferred. The limits or boundaries of the rights ascribed to the new legal person must be guided by the reasons for conferring legal personality.

3. In Hinduism, physical
manifestations of the Supreme Being exist in the form of idols to allow
worshippers to experience a shapeless being. The idol is a representation of the Supreme Being. The idol, by possessing a physical form is identifiable.

4. Salmond's work on legal personality is authoritatively recognised.
such as distinction between object/corpus and the legal personality, the object is conferred rights but ultimately it is representing the interests and benefit of natural person.

4. Rationale behind the concept of juristic person.
History: Not based on strict rules but creation of history due to peculiar facts before courts and leading to absurd perverse findings so legal innovation needed. necessity and convenience: The conferral of legal personality on objects has historically been a powerful tool of policy to ensure the practical adjudication of claims.

5. For practical purposes the juristic personality is conferred on idol, not on devotees as collectively due to many idols, and also to avoid the alienation or mismanagement, of property gifted for pious purposes, by shebait for other purposes.
(originated case: Manohar Ganesh Tambekar v Lakhmiram Govindram, 1888)

6. Can a land itself be recognised as juristic person (manifestation of god) ( eg. ram janmbhoomi) No because of (a) A novel argument but not the purpose of conferring juristic person pretection of pious purpose can be achieved without recognising it. (b) It would open floodgates to future litigations (c) Constitutionally diverse methods recognised but absolute ownership over another religion is recognised by merits not by methods of religion.

7. It is an established position that a deity cannot on the ground of being a perpetual minor stand exempted from the application of the
Limitation Act. (adverse possession ✓)

8. A Hindu idol exists for its own interest as
well as for the interests of its worshippers but a minor does not exist for the interests of anybody else.

9. The Contract Act (Substantive law) has taken away the legal capacity of a minor to contract but the legal capacity of a Hindu idol to contract has not been affected by this Act or by any other statute.

10. It is the shebait that enjoys the exclusive right to sue on behalf of the deity. (but when shebait acts negligently then worshipper may also sue in personal capacity to declare acts of shebait null and void and stay them and sometimes to gain full remedy on behlaf of idol (a shebait is not a pujari he must exercise continuosly all the duties and rights properly for the purpose of property conferred to idol and not prejudicially to idol for being recognised as shebait).

On Evidence law:

The law recognises that within the standard of preponderance of probabilities, there could be different degrees of probability. This was succinctly summarized by Denning, LJ in Bater v Bater ,where he formulated the principle thus :
―So also in civil cases, the case must be proved by a preponderance of probability, but there may be degrees of
probability within that standard. The degree depends on that
subject matter.

Interestingly even rivers are recognised as legal person in various cases (Mohd. Salim v State of Uttarakhand 2017)

#Basics@CurrentLegalGK
#Mybrief@CurrentLegalGK

🤔 How's life going RJS aspirants?

I hope everything is great 😎

Edit: Abhi to Heartbreak nahi fire emoji, and 'ready' in comments bolne wali spirit honi chahiye 😉.

@CurrentLegalGK

👨‍⚖️👨‍🎓👩‍🎓 Sukdeb Saha Guidelines (my creation :⁠-)

Suicide prevention 15 pointers guidelines.

Mental health is an integral component of the right to life under Article 21 of the Constitution of India. This Court has, in a consistent line of precedents, affirmed that the right to life does not mean mere animal existence, but a life of dignity,
autonomy, and well-being. Mental health is central to
this vision. In Shatrughan Chauhan v. Union of India and Navtej Singh Johar v. Union of India , this Court recognised mental integrity, psychological autonomy, and freedom from degrading treatment as essential facets of human
dignity under Article 21 of the Constitution of India.
Further, the Mental Healthcare Act, reinforces this constitutional mandate by recognising every person’s right to access mental healthcare and protection from inhuman or
degrading treatment in mental health settings. Section 18 of the MH Act guarantees mental health services to all.


@CurrentLegalGK

Assam CJ 2025 PRE Question Paper

#MCQ@CurrentLegalGK

In which of the following Judgments, the Supreme Court has overturned the Asian Resurfacing Judgment which mandated that the interim orders passed by High Courts staying trials in civil and criminal cases would automatically expire after six months from the date of the order, unless extended by the High Courts ?

[a] High Court Bar Association Delhi vs. Union of India

[b] High Court Bar Association Allahabad vs. Union of India

[c] High Court Bar Association Jabalpur vs. Union of India

[d] High Court Bar Association Lucknow vs. Union of India

#MCQ@CurrentLegalGK

In which of the following recent cases, the Supreme Court brought officers under the Narcotic Drugs and Psychotropic Substances [NDPS] Act, 1985 within the ambit of 'Police Officers' under Section 25, of the Indian Evidence Act [Now, Section 23 of Bharatiya Sakshya Adhiniyam]?

[a] Ram Singh vs. Central Bureau of Investigation

[b] Surjit Singh vs. Union of India

[c] Rajaram Jaiswal vs. State of Bihar

[d] Toofan[sic] Singh v. State of Tamilnadu

#MCQ@CurrentLegalGK

The principle of res gestae as a rule of evidence is embedded in:

[a] Section 6 of the Evidence Act and Section 5 of the Bharatiya Sakshya Adhiniyam

[b] Section 5 of the Evidence Act and Section 4 of the Bharatiya Sakshya Adhiniyam

[c] Section 4 of the Evidence Act and Section 6 of the Bharatiya Sakshya Adhiniyam

[d] Section 6 of the Evidence Act and Section 4 of the Bharatiya Sakshya Adhiniyam

#MCQ@CurrentLegalGK

The 'neighbour principle' establishing a duty of care, is most famously defined in which case?

[a] Palsgraf v. Long Island Railroad

[b] Donoghue v. Stevenson

[c] Rylands v. Fletcher

[d] Winterbottom v. Wright

🌟 Anticipatory Bail by Person residing outside India.

🌟 Provision:- 482 BNSS
New law has made a provision that a person accused of committing a gang rape to all woman who are under eighteen years of age can not seek the anticipatory bail.


🌟ANTICIPATORY BAIL LAW—
✓ Anticipatory bail application has to be supported by the affidavit of the person apprehending his arrest unlike in regular bail by Advocate's affidavit.

✓ Issue of filing Vakalatnama

🌟 Case Laws:-

📌 Souda Beevi vs Mr. V. Ajith, 2011 (foreign residing person)

The purpose of an anticipatory bail order is that a person should make himself available for investigation without the threat of arrest floating on his shoulders. But in this case, the order of anticipatory bail was kept in cold storage for months and was misused.

📌 Anu Mathew v. Kerala, 2020

🌟 Issues:-

1. Whether the court has jurisdiction to grant pre-arrest bail to the accused residing in a foreign country❓

2. If the court has jurisdiction, then how should such jurisdiction be exercised❓


🥇First Issue—
✓ Right to Travel Abroad is a fundamental right as per Personal Liberty (Article 21)

✓ Fundamental right to access courts for determination of his rights. (Article 14 & 21)

✓ Pre-arrest bail can be supported by the affidavit of parokar of the applicant.

🥈Second Issue—
Illustrations to be seen while exercising discretion to grant pre-arrest bail:

✓ Whether there is bonafide apprehension of arrest in a non-bailable offence in India,

✓ Whether the accused is not likely to cooperate in investigation/trial processes,

✓ Whether custodial interrogation is required,

✓ Whether the Accused bonafide went abroad as part of their job compulsions or he went abroad to flee away from the arm of law,

✓ Whether the accused was already abroad at the time of registration of the crime,

✓ Whether the accused had absconded from India after knowing about the registration of a Non-Bailable offence,

✓ Whether the accused intends to come back to India and cooperate with the investigation,

✓ Whether the attempt of the accused is to buy time and stultify the investigation and the trial.

✓ Conditions—
In Addition to conditions under 438 (2) (i) & (iii) Cr.P.C. Court can also add a condition that the accused person must within a reasonable and definite time come to India to cooperate and submit himself to investigation by police and in case he fails, the anticipatory bail would automatically vacate.

🌟 Although no provision under CrPC makes it mandatory for the accused person to be physically present in India before his pre-arrest bail application can be heard on merits, suitable conditions can be imposed by the court based on facts and circumstances of the case to ensure his presence.

The subject of bail belongs to the blurred area of the criminal justice system and largely hinges on the hunch of the bench, otherwise called judicial discretion.
~ Justice Krishna Iyer

#Question
Travel Abroad is F.R. was held in which case?

#BNSS@CurrentLegalGK

'बढ़ी हुई सज़ा का पूर्वव्यापी प्रभाव से लागू होना अनुच्छेद 20(1) का उल्लंघन': सुप्रीम कोर्ट ने POCSO Act मामले में सज़ा में संशोधन किया
https://hindi.livelaw.in/category/news-updates/retrospective-application-of-enhanced-punishment-violates-art-201-supreme-court-modifies-sentence-in-pocso-act-case-298905

#Hindi@CurrentLegalGK

Retrospective enforcement of increased or enhanced punishment is unconstitutional under Article 20(1)

Well from now onwards we will try to share daily 1 article in hindi, which will be open for all to read it.

If I forgot to share it in any day you can remind me.

You could have read any hindi article but the purpose is twofold firstly that is consistency when I will share you will be reminded by external force and secondly I will try to share the important and relevant article which will suit almost everyone.

I vould have shared gujarati, tamil, odia or any other language article but that is difficult to find but still we will try to find them as well.

Remember in courts regional language is the core and a good reading will give you edge over others in litigation practice.

@CurrentLegalGK

PMLA Accused Entitled To Receive List Of Materials Not Relied Upon By ED : Supreme Court
https://www.livelaw.in/top-stories/pmla-accused-entitled-to-receive-materials-not-relied-upon-by-ed-supreme-court-291471

RJS Prelims 2025

well RJS has a unique pattern of not repeating last year pattern 😁

@CurrentLegalGK

Have you guys calculated your rough marks according to google answers or any other reliable answer key?

should we start a poll?

waise kuch log to 200 marks ka cut off bhi bata rhe hai 🤫

@CurrentLegalGK