S.223 BNSS Which Gives Right Of Hearing To Accused Before Cognizance Can Apply To Complaint Filed Before July 01, 2024: P&H High Court
https://www.livelaw.in/high-court/punjab-and-haryana-high-court/223-bnss-accused-right-to-hearing-cognizance-retrospective-complaint-filed-before-bnss-enforcement-300494
https://www.livelaw.in/high-court/punjab-and-haryana-high-court/223-bnss-accused-right-to-hearing-cognizance-retrospective-complaint-filed-before-bnss-enforcement-300494
www.livelaw.in
S.223 BNSS Which Gives Right Of Hearing To Accused Before Cognizance Can Apply To Complaint Filed Before July 01, 2024: P&H Highโฆ
The Punjab and Haryana High Court has held that Section 223 of the Bhartiya Nyaya Suraksha Sanhit
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S.223 BNSS Which Gives Right Of Hearing To Accused Before Cognizance Can Apply To Complaint Filed Before July 01, 2024: P&H High Court https://www.livelaw.in/high-court/punjab-and-haryana-high-court/223-bnss-accused-right-to-hearing-cognizance-retrospectiveโฆ
" Issuing process of a criminal offence has serious repercussions for the accused, and that is the reason the Legislature deemed it appropriate to provide prior hearing to the person sought to be summoned. The right of hearing is one of the most cherished rights in the criminal jurisprudence, and is embedded in the Principles of Natural Justice permeating to the Constitutional scheme of things, especially Articles 14 and 21 guaranteeing the right to fair trial. Therefore, there is no reason why the benefit of hearing should not be afforded to the accused after coming into force of the BNSS, even if complaint against him has been technically filed before coming into force of the BNSS on 01.07.2024."
Retrospective application of 223 BNSS
Our Question and draft answer:
https://t.me/CurrentLegalGK/5028
#BNSS@CurrentLegalGK
Retrospective application of 223 BNSS
Sikander Singh v. ED, 2025 (P&H)
Our Question and draft answer:
https://t.me/CurrentLegalGK/5028
#BNSS@CurrentLegalGK
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เคชเฅเคฒเคฟเคธ เคถเคฌเฅเคฆเคพเคตเคฒเฅ.pdf
2.8 MB
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Inception of Epistolary Jurisdiction | RostrumLegal
https://www.rostrumlegal.com/inception-of-epistolary-jurisdiction/
https://www.rostrumlegal.com/inception-of-epistolary-jurisdiction/
RostrumLegal
Inception of Epistolary Jurisdiction - RostrumLegal
Public Interest Litigation- The Beginning
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Inception of Epistolary Jurisdiction | RostrumLegal https://www.rostrumlegal.com/inception-of-epistolary-jurisdiction/
Which was the first case where epistolary jurisdiction of Supreme Court was invoked.
#Question@CurrentLegalGK
Kindly read judgement before you answer.
#Question@CurrentLegalGK
3 Member committee formed by speaker of lok sabha under section 3 of judges inquiry act 1968.
Following are the 3 members:
i) Supreme Court Judge Justice Aravind Kumar,
ii) Chief Justice of Madras High Court Justice Maninder Mohan Shrivastava and
iii) Senior Advocate of Karnataka High Court B V Acharaya. (of course distinguished jurist in speaker's opinion)
.
https://youtu.be/feugRUKlAok?feature=shared
Following are the 3 members:
i) Supreme Court Judge Justice Aravind Kumar,
ii) Chief Justice of Madras High Court Justice Maninder Mohan Shrivastava and
iii) Senior Advocate of Karnataka High Court B V Acharaya. (of course distinguished jurist in speaker's opinion)
.
https://youtu.be/feugRUKlAok?feature=shared
YouTube
LS Speaker Om Birla discusses impeachment of Allahabad High Court Judge Justice Yashwant Varma.
#monsoonsession2025 #loksabha #rajyasabha #parliamentsession
เคฒเฅเคเคธเคญเคพ เคธเฅเคชเฅเคเคฐ @ombirlakota เคจเฅ เคเคฒเคพเคนเคพเคฌเคพเคฆ HC เคเฅ เคเค เคฏเคถเคตเคเคค เคตเคฐเฅเคฎเคพ เคเฅ เคฎเคนเคพเคญเคฟเคฏเฅเค เคชเคฐ เคเคฐเฅเคเคพ เคเฅ เคเคฐ เคเคฐเฅเคชเฅเค เคเฅ เคเคพเคเค เคนเฅเคคเฅ เคคเฅเคจ เคธเคฆเคธเฅเคฏเฅเคฏ เคชเฅเคจเคฒ เคเฅ เคเฅเคทเคฃเคพ เคเฅเฅค SC judge Aravind Kumar, Madras HC Chief Justice Manindraโฆ
เคฒเฅเคเคธเคญเคพ เคธเฅเคชเฅเคเคฐ @ombirlakota เคจเฅ เคเคฒเคพเคนเคพเคฌเคพเคฆ HC เคเฅ เคเค เคฏเคถเคตเคเคค เคตเคฐเฅเคฎเคพ เคเฅ เคฎเคนเคพเคญเคฟเคฏเฅเค เคชเคฐ เคเคฐเฅเคเคพ เคเฅ เคเคฐ เคเคฐเฅเคชเฅเค เคเฅ เคเคพเคเค เคนเฅเคคเฅ เคคเฅเคจ เคธเคฆเคธเฅเคฏเฅเคฏ เคชเฅเคจเคฒ เคเฅ เคเฅเคทเคฃเคพ เคเฅเฅค SC judge Aravind Kumar, Madras HC Chief Justice Manindraโฆ
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5a54cb47231b948d69322f599c13e64209950d3e99475d525f392b2b72a42f961755004799.pdf
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FERTILIZER CORPORATION KAMGAR UNION (REGD.),
B SINDRI AND OTHERS
v.
UNION OF INDIA 1980
B SINDRI AND OTHERS
v.
UNION OF INDIA 1980
S.58 BNSS | Bail Must Be Granted To Accused If Not Produced Before Magistrate Within 24 Hrs Of Arrest: Orissa High Court
https://www.livelaw.in/high-court/orissa-high-court/orissa-high-court-ruling-production-of-accused-within-24-hours-illegal-arrest-and-section-58-bnss-300588
https://www.livelaw.in/high-court/orissa-high-court/orissa-high-court-ruling-production-of-accused-within-24-hours-illegal-arrest-and-section-58-bnss-300588
www.livelaw.in
S.58 BNSS | Bail Must Be Granted To Accused If Not Produced Before Magistrate Within 24 Hrs Of Arrest: Orissa High Court
The Orissa High Court has reiterated that failure on the part of police/investigation agency to produce an accused before Magistrate within 24 hours of arrest shall vitiate the arrest itself, as it...
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S.58 BNSS | Bail Must Be Granted To Accused If Not Produced Before Magistrate Within 24 Hrs Of Arrest: Orissa High Court https://www.livelaw.in/high-court/orissa-high-court/orissa-high-court-ruling-production-of-accused-within-24-hours-illegal-arrest-and-sectionโฆ
Reliance was placed upon a recent Supreme Court ruling in Directorate of Enforcement v. Subhash Sharma, 2025 LiveLaw (SC) 137 which held that once a Court finds the fundamental rights of the accused under Articles 21 and 22 of the Constitution having been violated while arresting the accused or after arresting him, it is the duty of the Court dealing with the bail application to release the accused on bail
Candidate's Involvement In Gambling-Related Activities Is Moral Turpitude, Cannot Direct Consideration For Public Service: Bombay High Court
https://www.livelaw.in/high-court/bombay-high-court/candidates-involvement-in-gambling-related-activities-is-moral-turpitude-cannot-direct-consideration-for-public-service-bombay-high-court-300556
https://www.livelaw.in/high-court/bombay-high-court/candidates-involvement-in-gambling-related-activities-is-moral-turpitude-cannot-direct-consideration-for-public-service-bombay-high-court-300556
www.livelaw.in
Candidate's Involvement In Gambling-Related Activities Is Moral Turpitude, Cannot Direct Consideration For Public Service: Bombayโฆ
A candidate's involvement in an activity associated with gambling certainly amounts to moral turpitude and writ courts cannot order an employer to consider such a person for public service,...
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The compounding of an offence is no different from conviction on trial and the only difference is that the accused is given the benefit of compounding on admission of guilt. The severity of punishment is not the sole criteria to determine the effect of a crime on the society. The involvement of the petitioner in the activity associated with gambling certainly pertains to moral turpitude and the writ Court shall have no jurisdiction to direct the employer to take the person like the petitioner in employment who was involved in such an activity,"
@CurrentLegalGK
No difference between compounding and punishment of offence in effect.
The compounding of an offence is no different from conviction on trial and the only difference is that the accused is given the benefit of compounding on admission of guilt. The severity of punishment is not the sole criteria to determine the effect of a crime on the society. The involvement of the petitioner in the activity associated with gambling certainly pertains to moral turpitude and the writ Court shall have no jurisdiction to direct the employer to take the person like the petitioner in employment who was involved in such an activity,"
@CurrentLegalGK
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Knife Is A 'Deadly Weapon' Irrespective Of Its Dimensions, Recovery Not Essential To Attract Offence U/S 397 IPC: Delhi High Court
https://www.livelaw.in/high-court/delhi-high-court/knife-is-a-deadly-weapon-irrespective-of-its-dimensions-recovery-not-essential-to-attract-offence-us-397-ipc-delhi-high-court-300685
https://www.livelaw.in/high-court/delhi-high-court/knife-is-a-deadly-weapon-irrespective-of-its-dimensions-recovery-not-essential-to-attract-offence-us-397-ipc-delhi-high-court-300685
www.livelaw.in
Knife Is A 'Deadly Weapon' Irrespective Of Its Dimensions, Recovery Not Essential To Attract Offence U/S 397 IPC: Delhi High Court
The Delhi High Court has made it clear that dimension or type of knife used to threaten a person of injury is irrelevant for the purpose of attracting the offence of Section 397 IPC.The provision...
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Knife Is A 'Deadly Weapon' Irrespective Of Its Dimensions, Recovery Not Essential To Attract Offence U/S 397 IPC: Delhi High Court https://www.livelaw.in/high-court/delhi-high-court/knife-is-a-deadly-weapon-irrespective-of-its-dimensions-recovery-not-essentialโฆ
Justice Manoj Kumar Ohri cited
where it was held that a knife was a deadly weapon irrespective of its dimensions and it was not correct to categorize the knife as a certain type or size before considering it as a deadly weapon.
#BNS@CurrentLegalGK
Sonu v. State (2019),
where it was held that a knife was a deadly weapon irrespective of its dimensions and it was not correct to categorize the knife as a certain type or size before considering it as a deadly weapon.
#BNS@CurrentLegalGK
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https://www.livelaw.in/top-stories/contempt-power-cant-be-used-to-execute-orders-supreme-court-explains-scope-of-contempt-jurisdiction-277981
Can contempt petition be filed and used as execution for decree, if defendent not complying.
The weapon of contempt will not be used for execution of the decree
or implementation of an order for which alternative remedy in law is provided
for.
Wilful disobedience
In civil contempt means ๐ค
The civil contempt would mean a wilful disobedience of a decision of this Court. What would be relevant is the โwilful disobedienceโ. Hence, knowledge of having acted in disregard to an order is sine qua non for being proceeded with if there is a deliberate, conscience and intentional act then the jurisdiction can be clutched."
Chaduranga Kanthraj
vs
P Ravikumar 2025
Decree execution
#CPC@CurrentLegalGK
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MANU-TN-6021-2022-MAD20250813002508.pdf
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17. Apex Court has considered the issue as to whether parallel proceedings viz execution proceedings and contempt proceedings are maintainable?
is concerned, we have no hesitation to hold that both the execution proceedings and the contempt petition are maintainable, as the former one is for recovery of amount and the latter is to punish the wilful disobedience of the order of the Court, provided it is established that execution proceedings and contempt proceedings are independent to each
other.
The Apex Court has categorically held that without first taking recourse to execution proceedings, contempt cannot be entertained.
Only after initiation of E.P. (not after conclusion of the execution proceedings), contempt can be filed and it is for the Court to decide whether it is wilful and deliberate disobedience, depending on the facts of each case.
SC case Cited: R.N. Dey v. Bhagyabati Pramanik 2000
PVP Capital Limited
v
M/s Thirrupathi Brothers Films Media 2022 Mad HC
#CPC@CurrentLegalGK
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Place Of Exclusive Jurisdiction Deemed As 'Seat' Of Arbitration : Supreme Court
https://www.livelaw.in/supreme-court/place-of-exclusive-jurisdiction-deemed-as-seat-of-arbitration-supreme-court-300750
https://www.livelaw.in/supreme-court/place-of-exclusive-jurisdiction-deemed-as-seat-of-arbitration-supreme-court-300750
www.livelaw.in
Place Of Exclusive Jurisdiction Deemed As 'Seat' Of Arbitration : Supreme Court
The Supreme Court observed that in the absence of a seat or venue of arbitration in the arbitration agreement, the place where the exclusive jurisdiction has been vested as per the agreement would...
'Gender-Neutral' Often Misunderstood As 'Gender Equality' : Supreme Court
https://www.livelaw.in/supreme-court/gender-neutral-often-misunderstood-as-gender-equality-supreme-court-300709
https://www.livelaw.in/supreme-court/gender-neutral-often-misunderstood-as-gender-equality-supreme-court-300709
www.livelaw.in
'Gender-Neutral' Often Misunderstood As 'Gender Equality' : Supreme Court
The Supreme Court recently struck down the Indian Army's policy of reserving seats for male candidates in the Judge Advocate General (JAG) branch.While ordering that the appointments should be...
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Convict Who Completed Fixed Term Life Imprisonment Entitled To Be Released Without Applying For Remission : Supreme Court
https://www.livelaw.in/supreme-court/convict-who-completed-fixed-term-life-imprisonment-entitled-to-be-released-without-applying-for-remission-supreme-court-300690
https://www.livelaw.in/supreme-court/convict-who-completed-fixed-term-life-imprisonment-entitled-to-be-released-without-applying-for-remission-supreme-court-300690
www.livelaw.in
Convict Who Completed Fixed Term Life Imprisonment Entitled To Be Released Without Applying For Remission : Supreme Court
The Supreme Court on Tuesday (Aug. 12) observed that the convict who was sentenced to fixed-term life imprisonment without remission is entitled to automatic release without applying for remission....