🟰 Mohammed Abdul Wahid v. Nilofer 2021

The Apex Court, through Hon’ble Mr. Justice Sanjay Karol, held that “witness and parties to a suit, for the purposes of adducing evidence, either documentary or oral are on the same footing.”

Accordingly, (i) there is no distinction carved out by the provisions of the CPC between a ‘party to a suit as a witness’ and ‘a witness simpliciter’; and (ii) documents may be produced to confront both a ‘party to a suit’ and ‘witness in a civil trial’ at the stage of cross-examination.

https://disputeresolution.cyrilamarchandblogs.com/2024/01/party-and-witness-on-an-equal-footing-for-the-purpose-of-adducing-evidence-in-civil-suit-supreme-court-clarifies/#_ftn1

#BSA@CurrentLegalGK

Random Thoughts On “Taking Cognizance Of An Offence”

justice v ramkumar
#BNSS@CurrentLegalGK

The enactment of a new law will not obviate the need to adjudicate upon the constitutional validity of Section 124A for the simple reason that any new legislation of a penal character cannot have retrospective effect.

See the stark conflict
https://t.me/CurrentLegalGK/6827

The only difference is that of procedural and substantive law.

@CurrentLegalGK

🌕🌖 Lunar Eclipse | Peak of Blood Moon.

Of course camera could not justify it due to cloudy weather, the colour was really Red.

Today, Learnt the lunar rising point cycles.

👀Myth busted: Unlike Solar eclipse, you can watch Lunar eclipse with Naked Eyes.

Astrophysics is always Amazing 🤩


@CurrentLegalGK

Income Tax Act 2025: Digital Search Powers Raise Privacy Risks - Frontline
https://frontline.thehindu.com/news/income-tax-act-2025-digital-power-data-privacy-risks/article69992742.ece

If you don’t hand over your phone passcode or email password on demand, officials can hack into the device. Any refusal is now explicitly punishable as non-compliance.

This is a radical change. Previously, if a taxpayer’s device was encrypted, authorities resorted to informal pressure or external hacking tools. Now the law itself compels decryption. End-to-end encrypted messaging services like WhatsApp or Signal could be forced open during a tax raid

#Tax@CurrentLegalGK

muslim law prevail over child marriages or POCSO?

Not a settled position of law.

@CurrentLegalGK

Legal due diligence checklist before buying a home in India
https://www.barandbench.com/columns/legal-due-diligence-checklist-before-buying-a-home-in-india

Res Judicata in Criminal Proceedings
https://www.drishtijudiciary.com/current-affairs/res-judicata-in-criminal-proceedings

Actress Navya Nair Fined Rs 1.14 Lakh at Melbourne Airport for Carrying Jasmine Gajra
https://www.deccanherald.com/india/actress-navya-nair-fined-rs-114-lakh-at-melbourne-airport-for-carrying-gajra-why-australia-has-such-rigid-rules-3716932

Australia, is an island nation that is known for its unique plants, animals and ecosystem. As it is isolated, pests and disease that exists elsewhere in the world cannot be found in Australia.
According to Australia's Biosecurity Act, introducing even small amounts of foreign material could damage local crops, spread plant diseases, or threaten native species

Ignorance of law is not an excuse and concept of Mens rea which two landmark cases? mention below 👇

@CurrentLegalGK

The Representation of the People Act already disqualifies legislators upon conviction for crimes carrying a sentence of two years or more. That provision is justified because conviction follows judicial determination of guilt. The 130th Amendment goes further, introducing what may be called a “disqualification by suspicion.” Philosophically, it privileges the appearance of morality over the substance of due process.

Can there be a different class of legislation for Minister and non minister MPs and MLAs? even MPs have a voting power but ministers are also part of executive and even on 38Hrs of cutody bureaucrats are suspended.

130th Constitutional amendment bill.

The main problem is with presumption of innocence is gone forever, we must understand that even ministers are MPs and MLAs and are representative of people merely on suspicion no suspension direct removal that too when 30 days custody is possible when we have a delayed criminal judtice system, the remedy can be a special court MP MLA courts which can speedily try and suspension would be the Right criteria.

#COI@CurrentLegalGK

S. 482 CrPC/S.528 BNSS | Supreme Court Lays Down Four-Step Test For High Courts To Quash Criminal Cases
https://www.livelaw.in/supreme-court/s-482-crpcs528-bnss-supreme-court-lays-down-four-step-test-for-high-courts-to-quash-criminal-cases-303320

AI Cannot Replace Human Conscience In Justice Delivery: Justice Vikram Nath
https://www.livelaw.in/top-stories/justice-vikram-nath-advises-against-lawyers-misusing-artificial-intelligence-303329

Role of Media in protecting public trust in judiciary.

“If the past century belonged to the struggle for free speech, perhaps the coming one will belong to the struggle for true speech — information that is accurate, ethical, and respectful of dignity.
If the past century grappled with access to justice, the coming one may grapple with fairness in technologically driven justice. And
if the past century debated the power of the press, the coming one will debate the power of algorithms. The struggle is never-ending”

Sometimes influencers and social media accounts themselves engage in selective picking of arguments/discussions being made in the Court. They extract this byte, usually termed as clickbait, to draw greater number of views to generate revenue at the cost of reputation of our Courts.

@CurrentLegalGK