Cognizance At Crossroads: An Analytical Examination Of The Proviso To Section 223(1) Of The BNSS
https://www.livelaw.in/articles/hearing-accused-before-cognizance-section-223-bnss-analysis-307140

So much of relevant articles to read.

Read understand and note them.

I will share my broef notes @EOD

Order VII Rule 11 CPC | Rejection Of Plaint To Be Decided Solely On Plaint Averments : Supreme Court
https://www.livelaw.in/supreme-court/order-vii-rule-11-cpc-rejection-of-plaint-to-be-decided-solely-on-plaint-averments-supreme-court-307168

Good article.

During National emergency whether article 32 is suspended?

Give reasons.

The president has the power by order to declare that any of the fundamental rights cannot be enforced in courts.

But it is not necessary that all rights will be suspended by the presidential order and article 20 and 21 cannot be suspended hence these rights can be enforced in courts including under article 32 which specifically deals with enforcement of fundamental rights.

Therefore president cannot suspend article 32 in anycase.

What's your view comment

#Question@CurrentLegalGK

Supreme Court expresses ‘grave concern’ over rising ‘digital arrests’ scams, seeks responses from Centre and CBI - The Hindu
https://www.thehindu.com/news/national/supreme-court-expresses-grave-concern-over-rising-digital-arrests-scams-seeks-responses-from-centre-and-cbi/article70174306.ece

https://scctimes.com/2970F5Pbd
Personality rights

Rajagopal v. State of Tamil Nadu (the Auto Shankar case),

where the Court recognised an individual’s right to control the commercial use of their identity as part of the fundamental right to privacy under Article 21. It affirmed that privacy includes the “right to be let alone”, limiting how personal attributes can be exploited without consent.

Aishwarya rai bachhan 2025 case

John Doe orders have become a critical judicial tool to protect celebrities against online misuse. These ex parte injunctions are issued against unknown infringers, commonly referred to as John Doe or Ashok Kumar, to prevent ongoing or future violations, particularly where the offender’s identity is not yet known. Courts permit such orders under Order 39 Rules 1 and 2 read with Section 151 Civil Procedure Code, 1908 as an exception to the general rule under Order 7 requiring a named defendant....

#IPR@CurrentLegalGK

Supreme Court Awards Compensation To Transwoman Teacher Dismissed Over Gender Identity; Forms Committee On Transgender Rights
https://www.livelaw.in/top-stories/supreme-court-awards-compensation-to-transwoman-teacher-dismissed-over-gender-identity-forms-committee-on-transgender-rights-307222

JANE KAUSHIK v UNION OF INDIA 
2025

1. Guidelines issued to formulate an equal opportunity policy for the protection of the rights of transgender persons.

2. Compensation on gender discrimination in employement.

Transgender protection act 2019 and 2020 rules

#COI@CurrentLegalGK

Electronic Document Must Be Produced In Entirety To Be Admissible Even If Supported By Certificate U/S 65B Evidence Act: Kerala High Court
https://www.livelaw.in/high-court/kerala-high-court/kerala-high-court-electronic-document-entirety-section-65b-evidence-act-certificate-307303

What about section 33 of BSA or 39 of Evidence act?

#BSA@CurrentLegalGK
#Question@CurrentLegalGK

When Exceptions Swallow The Rule: Problem With Section 479 BNSS
https://www.livelaw.in/articles/when-exceptions-swallow-rule-problem-section-479-bnss-307288

⛓️‍💥⚡ Very pertinent criticism of sub-section 2 to 439 BNSS | A hidden draconian change


Origin of maximum oeriod for undertrial prisoner in jail.

Section 436-A was a result of the Supreme Court judgment in the case of Hussainara Khatoon v. State of Bihar,2 where the court strongly criticized the judicial system for the prolonged detention of individuals, without trial, declaring that the right to a speedy trial is an essential component of the fundamental rights guaranteed under the Constitution.

Section 439 reduced maximum period to 1/3rd, for first time offenders, but does not apply when there are multiple charges which is a norm in chargesheets.

⚡Making mere registrations of more than one offence as a reason to deny bail defeats the principle of presumption of innocence.

#BNSS@CurrentLegalGK

UTKAL CONTRACTORS & JOINERY PRIVAIB LTD.
v.
STATE OF ORISSA
1987

How much value to be given to rules of Interpretation by supreme court.

But we think that when we rely upon rules of construction we must always bear in mind Lord Reid's admonition in Maunsell v. Olins (supra) to the following effect:

"Then rules of construction are relied on. They are not rules in the ordinary sense of having some binding force. They are our servants not our masters. They are aids to constructions, presumptions or pointers. Not infrequently one 'rule' points in one direction, another in a different direction. In each case we must look at all relevant circum-stances and decide as a matter of judgment what weight to attach to any particular 'rule'."

+-------+
In essence "Rules of Interpretation are not rules of law".

#IOS@CurrentLegalGK

⚕️🕉️ Story of Lord Dhanvantari - The Celestial Physician of the Universe
https://suryacrafts.com/blog/story-of-lord-dhanvantari-the-celestial-physician-of-universe

Health is wealth a true meaning in hindu religion.

JANE KAUSHIK v. UNION OF INDIA 2025.

Doctrine of reasonable accomodation under article 14 (equal protection of law protects it)

Reasonable accommodation is a measure to ensure that the beneficiary thereof enjoys or exercises all human rights and 
fundamental freedoms at par with the others. It casts positive obligation on the State and establishments to make the necessary  modifications to reasonably accommodate the persons who are placed at a disadvantage.

Doctrine of “disparate discrimination” propounded in Griggs v. Duke Power Co. 1971, USA was applied in Nitisha v. Union of India, reported in (2021)

Meaningful equality is not only mere absence of intentional inequality but also encompasses within its fold the introduction of efficacious systems that resolve existing inequality and does not reinforce them.

In nitisha (supra) two-pronged test to identify indirect discrimination borrowed from Canada judgment Joanne Fraser v. Attorney General of  Canada, 2020

1. whether the impugned provision, rule, policy or action disproportionately impacts a particular group. (courts will see the language and impact on particular group.

2. whether the impugned provision, rule, policy or action perpetuates or exacerbates the disadvantage suffered by a particular group


Conclusion: Indirect discrimination is dealt by joseph shine and nitisha judgment in detail which in a nutshell means discrimination is not
necessarily a result of mala fide intention, rather, it can be a by-product of unconscious biases or an inability to recognize that the laws, rules or measures enacted can have the effect of perpetuating an unjust status quo.


Omission by Legislature resulting in violation of the Right against Discrimination
💯 See I was correct to mention this when I was dealing with 377 Issue in BNS.

#COI@CurrentLegalGK
#Discernible_topics@CurrentLegalGK

Public law compensation guidelines | compensation under article 32 or 226