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-301845

#Question@CurrentLegalGK

Can you answer?

Is it possible to access the remedy of injunction in case criminal defamation?

Question by one member.

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

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 ‘precedent’ and ‘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 ‘principled sentencing’.

Death penalty 235(2) crpc sentence hearing.
#BNSS@CurrentLegalGK

"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

@CurrentLegalGK

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

@CurrentLegalGK

FORMAL TO SUBSTANTIVE EQUALITY: IS INDIA
EXPERIENCING A DOCTRINAL SHIFT?

@CurrentLegalGK

Mere Non-Signing Won't Invalidate Arbitration Agreement If Parties Otherwise Consented To Arbitration : Supreme Court
https://www.livelaw.in/supreme-court/mere-non-signing-wont-invalidate-arbitration-agreement-if-parties-otherwise-consented-to-arbitration-supreme-court-301969

Refusal To Enter Witness Box By Party Having Special Knowledge Of Facts Invites Adverse Inference : Supreme Court
https://www.livelaw.in/supreme-court/refusal-to-enter-witness-box-by-party-having-special-knowledge-of-facts-invites-adverse-inference-supreme-court-301963

Non-Discovery Of Incriminating Material Does Not Mean Non-Cooperation By Accused: Supreme Court
https://www.livelaw.in/top-stories/supreme-court-mere-non-discovery-of-incriminating-material-does-not-mean-there-was-non-cooperation-by-accused-301954

How Bal Gangadhar Tilak made the worship of Lord Ganesh a grand community festival 🔗
#bal_gangadhar_tilak #express_explained #ganesh_chaturthi_festival

Ayurveda Day to be observed on a fixed date on 23 September - The Statesman
https://www.thestatesman.com/india/ayurveda-day-to-be-observed-on-a-fixed-date-on-23-september-1503477034.html

Earlier, Ayurveda Day was celebrated on Dhanvantari Jayanti (Dhanteras). The decision to assign a fixed date marks a historic shift, giving Ayurveda a universal calendar identity and enabling greater participation at the global level.
Announcing the theme for this year’s celebration – “Ayurveda for People & Planet”, Union Minister for Ayush Prataprao Jadhav said, 

@CurrentLegalGK

Can't Curtail Right To Education: MP High Court Allows 'Extraordinary' 11-Yr-Old's Provisional Admission To Class 9 Despite Being 'Underage'
https://www.livelaw.in/high-court/madhya-pradesh-high-court/madhya-pradesh-high-court-nep-right-to-education-301827

Prodigy's Fundamental Right to Education Article 21A.

Article 21 of the Constitution of India provides Right to Education. Right to Education cannot be curtailed by imposing a condition regarding age limit. There are several instances which point out that if an underage child can perform exceptional qualities of such student/candidates cannot be suppressed or overlooked merely on the ground of he being underage". 

AARAV SINGH v. UoI 2025

@CurrentLegalGK

🧾 CHANGE IN UTTAR PRADESH JUDICIAL SERVICE SYLLABUS

The examination shall include the
following subjects and any enactment forming part of the syllabus shall include its 'substituted' enactment

It is similar to section 8 general clauses act, 1897.

Eg. Arbitration Act conciliation chapter ---> Mediation Act.
Eg. IPC----> BNS.


@CurrentLegalGK

For clarification If they write in the annexure that IPC CRPC IEA will come then in addition to them new laws will also come.

It depends upon syllabus but prima facie it looks new laws will only be there ( see APO) ,let's wait for syllabus.

🕉️ Happy Ganesh Chaturthi

Read this article on efforts made by Bal Gangadhar Tilak

Criminal Courts Cannot Recall Or Review Their Own Judgments Except For Clerical Or Arithmetical Errors: Supreme Court Reiterates
https://www.livelaw.in/supreme-court/criminal-courts-cannot-recall-or-review-their-own-judgments-except-for-clerical-or-arithmetical-errors-supreme-court-reiterates-302131

👀 When can criminal courts review its own judgment and orders and doctrine of functus officio.

Generally

“the criminal courts, as envisaged under the CrPC, are barred from altering or review their own judgments except for the exceptions which are explicitly provided by the statute, namely, correction of a clerical or an arithmetical error that might have been committed or the said power is provided under any other law for the time being in force. As the courts become functus officio the very moment a judgment or an order is signed, the bar of Section 362 CrPC becomes applicable, this, despite the powers provided under Section 482 CrPC which, this veil cannot allow the courts to step beyond or circumvent an explicit bar”

Exceptionally

Court culled out the following exceptional circumstances wherein a criminal court is empowered to alter or review its own judgment or a final order under Section 362 CrPC:

"a. Such power is expressly conferred upon court by CrPC or any other law for the time being in force or;

b. The court passing such a judgement or order lacked inherent jurisdiction to do so or;

c. A fraud or collusion is being played on court to obtain such judgment or order or;

d. A mistake on the part of court caused prejudice to a party or;

e. Fact relating to non-serving of necessary party or death leading to estate being non-represented, not brought to notice of court while passing such judgment or order."

Vikram Bakshi v. R.P. Khosla 2025

528 BNSS and 403 BNSS
482 CrPC and 362 CrPC.

#BNSS@CurrentLegalGK