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#Question@CurrentLegalGK

Golu files a suit against Pinki for recover of possession of his house on the basis that he has ownership which he got in will from his Aunt, subsequently Pinki files a suit for declaration of ownership on the same house property on the basis that she got it from sale from Aunt.

Golu files an application for consolidation of suits in the district court.

The court directs consolidation.

The civil court decides the suit in favour of Golu and thereafter passes 2 decrees for two suits.

Pinki files an appeal after 1 year on Decree 1 and the suit was dismissed due to barred by limitation.

Concurrently pinki filed an appeal against the Decree 2 but the appeal is pending.

Golu files an objection that res judicata of dismissal of appeal will apply on concurrent appeal arising from decree 2.

Decide with the help of case laws.

Marks 20

#Answer_writing@CurrentLegalGK
πŸ‘Œ2πŸ‘1πŸ’―1
𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’
Non-Legal Heirs Can Continue Prosecution On Complainant's Death Even If Legal Heirs Have Not Come Forward: Kerala High Court https://www.livelaw.in/high-court/kerala-high-court/kerala-high-court-non-legal-heirs-prosecute-complainant-death-legal-heirs-not-come…
Though there is no specific provision in Cr.P.C to substitute a new complainant in a complaint case in the place of the deceased complainant, the Magistrate/court has power under Section 302 to any person to continue the prosecution.

As stated already, Section 302 of Cr.P.C. empowers
a Magistrate to permit β€œany person” to prosecute the complaint.
The word β€œany person” cannot be interpreted to mean the legal heirs of the deceased complainant only.

Even a non-legal heir of a complainant in a complaint case can be permitted to continue the prosecution on the death of the complainant, although his legal heirs are alive and have not come forward to prosecute the case. However, it is the discretion of the Court to grant such a permission, taking into
consideration the facts and circumstances of each case and the interest of the person who sought permission to prosecute the case.

The contention that sister of deceased has not come forward so this petition filed by non-legal heir is not maintainable is REJECTED

In case of death of de facto complainant if the case instituted on police report then no question of abatement arises bcz prosecutor conducts trial.

In case of summons cases otherwise than on police report as per section 256(1) proviso if complainant if absent or dead then also magistrate may proceed if complainant represented by pleader or officer conducting prosecution or magistrate thinks that attendance not necessary

In case of warrant case instituted otherwise than on police report as per 249 if complainant does not appear before charges are framed and if case if cognizable and compoudable then magistrate may discharge accused.

In both summons and warrant otherwise than on police report cases magistrate is not bound to discharge accused it has discretion according to Provisions.

Section 339 BNSS


Order 22 in CPC for substitution and abatement

SUKUMARAN V. STATE OF KERALA
2025


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#MCQ@CurrentLegalGK

Seema sued Kashish for defamation, alleging that Kashish had made derogatory remarks about him in a letter sent in a series of business correspondence between them. The correspondence was related to a dispute over the quality of goods supplied by Seema to Kashish. Several other letters exchanged between Seema and Kashish discuss the same dispute, but none of them contain any evidence of defamation is not a defamatory statement. Under the Indian Evidence Act, 2023, which of the following statements is correct?

(A) Only the letter containing the defamatory statement is relevant. The other letters have no evidentiary value.

(b) All letters of correspondence relating to the dispute are relevant facts, even if they do not contain defamatory statements.

(C) Only letters written subsequent to the alleged insulting letter can be accepted as relevant facts.

(d) No letter, including the letter containing the alleged defamatory statement, is admissible as evidence in the suit
.

You have to tell the relevant Section.
36970_2012_Judgement_09-May-2018.pdf
1.7 MB
Kalpana mehta v union of India

It concluded that while parliamentary debates and reports may aid in interpreting laws, they should not be treated as binding evidence in court cases

Section 57(4)/ 52 BSA and 74/74 BSA

judicial review v judicial overreach.
There is no strait-jacket
formula for determining what constitutes judicial restraint and
judicial progressionism. Sometimes, there is necessity for the
Courts to conceptualise a path that can be a wise middle path.
The middle course between these two views is the concept of
judicial engagement so that the concept of judicial restraint does
not take the colour of judicial abdication or judicial passivism.
Judicial engagement requires that the Courts maintain their
constitutional obligation to remain the sentinel on qui vive.


#IOS@CurrentLegalGK
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510-manoj-v-state-of-madhya-pradesh-20-may-2022-418773.pdf
2.1 MB
Manoj v State of MP 2022

Guidelines
Para 213 to 217

There is urgent need to ensure that mitigating circumstances are considered at the trial stage, to avoid slipping into a retributive response to the brutality of the crime, as is
noticeably the situation in a majority of cases reaching the appellate stage.

The strength of β€˜precedent’ and β€˜consistency’ is perhaps, therefore, lowest when it
comes to matters of sentencing, as long as it is within the confines of legality and resulting
in β€˜principled sentencing’.

Death penalty 235(2) crpc sentence hearing.
#BNSS@CurrentLegalGK
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𝕃𝔼𝔾𝔸𝕃 β„‚π•Œβ„β„π”Όβ„•π•‹ π”Έπ”½π”½π”Έπ•€β„π•Š 𝔹π•ͺ- ℕ𝕒π•₯𝕦𝕣𝕒𝕝 𝕁𝕦𝕀π•₯π•šπ•”π•– β„’
BREAKING| Death Sentence Can Be Challenged In Article 32 Petition For Breach Of Procedural Safeguards: Supreme Court https://www.livelaw.in/top-stories/death-sentence-can-be-challenged-in-article-32-petition-for-breach-of-procedural-safeguards-supreme-court…
"The writ petition is allowed. Therefore, we hold that Article 32 of the Constitution empowers this Court in cases related to capital punishment to reopen the sentencing stage where the accused has been condemned to death penalty without ensuring that the guidelines mandated in Manoj was followed. This corrective power is invoked precisely to compel rigorous application of the safeguards laid down in Manoj v. MP 2022 SC judgment in such cases, thereby ensuring that the condemned person is not deprived of the fundamental rights to equal treatment, individualized sentencing and fair procedure that Articles 14 and 21 of the Constitution secure to every person.

We
however add a word of caution

. Article 32 of the Constitution is the bedrock of constitutional remedies but its exceptional scope cannot be permitted to become a routine pathway for reopening concluded matters. Reopening will be reserved for only those cases where there is a clear, specific breach of the new procedural safeguards, as these breaches are so serious that if left uncorrected, they would undermine the accused person's basic rights like dignity and fair process" 
observed the Court

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DOC-20250814-WA0005..pdf
196.8 KB
Constitutional Morality.

Grote, Ambedkar, Kesavanand bharti (2 judges), naz foundation v NCT delhi 2009, navtej singh johar, sabrimala, manoj narula.

This Court has always been guided by constitutional morality and not by social morality. (Navtej) 2018


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