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UP Judiciary Mains Exam 2022
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UP Judiciary Mains Exam 2022
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Forwarded from Indian Judiciary Preparation PCS J
Bihar Civil Judge Preliminary Exam Paper 2023
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Forwarded from Indian Judiciary Preparation PCS J
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Uttarakhand Judiciary Prelims 2023
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Forwarded from Indian Judiciary Preparation PCS J
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Uttarakhand Judiciary Prelims 2023 Result out
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Forwarded from Indian Judiciary Preparation PCS J
UP APO 2022 Interview Schedule
Date 12-6-2022 to 16-6-2023
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Forwarded from Indian Judiciary Preparation PCS J
πβπ¨Article 239AA
π²Article 239AA of the Constitution of India granted Special Status to Delhi among Union Territories (UTs) in the year 1991 through 69th constitutional amendment by the Parliament, thereby providing Legislative Assembly and a Council of Ministers responsible to such Assembly with appropriate powers to deal with matters of concerns to common man. Thatβs when Delhi was named as National Capital Region (NCT) of Delhi.
π²As per Article 239AA β Public Order, Police & Land in NCT of Delhi fall within the domain and control of Central Government which shall have the power to make laws on these matters. For remaining matters of State List or Concurrent List, in so far as any such matter is applicable to UTs, the Legislative Assembly shall have power to make laws for NCT of Delhi.
π²Further, for Offences against laws, Jurisdiction & powers of Courts (except SC) and Fees (except court fees) so far as they relate to Public Order, Police & Land in NCT of Delhi; Central Government would have power to make laws.
π²Further, the Council of Ministers (i.e. CM and his Ministers) are elected to aid and advise the LG in the exercise of his functions in relation to matters with respect to which the Legislative assembly has power to make law. Therefore, in respect of Public Order, Police & Land β LG would not need aid and advise from the Council of Ministers. For other matters enumerated in the State List, this arrangement would work.
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π²Article 239AA of the Constitution of India granted Special Status to Delhi among Union Territories (UTs) in the year 1991 through 69th constitutional amendment by the Parliament, thereby providing Legislative Assembly and a Council of Ministers responsible to such Assembly with appropriate powers to deal with matters of concerns to common man. Thatβs when Delhi was named as National Capital Region (NCT) of Delhi.
π²As per Article 239AA β Public Order, Police & Land in NCT of Delhi fall within the domain and control of Central Government which shall have the power to make laws on these matters. For remaining matters of State List or Concurrent List, in so far as any such matter is applicable to UTs, the Legislative Assembly shall have power to make laws for NCT of Delhi.
π²Further, for Offences against laws, Jurisdiction & powers of Courts (except SC) and Fees (except court fees) so far as they relate to Public Order, Police & Land in NCT of Delhi; Central Government would have power to make laws.
π²Further, the Council of Ministers (i.e. CM and his Ministers) are elected to aid and advise the LG in the exercise of his functions in relation to matters with respect to which the Legislative assembly has power to make law. Therefore, in respect of Public Order, Police & Land β LG would not need aid and advise from the Council of Ministers. For other matters enumerated in the State List, this arrangement would work.
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Forwarded from Indian Judiciary Preparation PCS J
πβπ¨Article 239 AB
π²Article 239 AB is a special provision that applies to the National Capital Territory of Delhi (NCT), and is analogous to Article 356, which applies generally to all States.
π²Article 356 of the Constitution allows the President to assume the executive powers of a State and transfer the Assemblyβs legislative powers to Parliament where the State government cannot be βcarried on in accordance with the provisions of the Constitution.β This power to impose βPresidentβs Ruleβ has mostly been exercised in two limited circumstances β where there is no clear majority in the Assembly, and where a State government acts contrary to constitutional provisions.
π²Article 239 AB (a) says βif the administration of the NCT cannot be carried on in accordance with the provisions of Article 239 AA,β the president can dismiss the council of ministers.
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π²Article 239 AB is a special provision that applies to the National Capital Territory of Delhi (NCT), and is analogous to Article 356, which applies generally to all States.
π²Article 356 of the Constitution allows the President to assume the executive powers of a State and transfer the Assemblyβs legislative powers to Parliament where the State government cannot be βcarried on in accordance with the provisions of the Constitution.β This power to impose βPresidentβs Ruleβ has mostly been exercised in two limited circumstances β where there is no clear majority in the Assembly, and where a State government acts contrary to constitutional provisions.
π²Article 239 AB (a) says βif the administration of the NCT cannot be carried on in accordance with the provisions of Article 239 AA,β the president can dismiss the council of ministers.
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Forwarded from Indian Judiciary Preparation PCS J
π 9th, 10th, 11th and 12th Schedule
π‘οΈNinth Schedule was added by 1st Amendment Act 1951 to protect the laws included in it from judicial scrutiny on the ground of violation of fundamental rights.
π‘οΈHowever, in 2007, the Supreme Court ruled that the laws included in this schedule after April 24, 1973, are now open to judicial review.
π‘οΈ10th Schedule was added by the 52nd Amendment Act of 1985, also known as Anti-defection Law.
π‘οΈ11th schedule was added by the 73rd Amendment Act of 1992. It contains the provisions that specify the powers, authority and responsibilities of Panchayats. It has 29 matters.
π‘οΈ12th schedule was added by the 74th Amendment Act of 1992. It deals with the provisions that specify the powers, authority and responsibilities of Municipalities. It has 18 matters.
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π‘οΈNinth Schedule was added by 1st Amendment Act 1951 to protect the laws included in it from judicial scrutiny on the ground of violation of fundamental rights.
π‘οΈHowever, in 2007, the Supreme Court ruled that the laws included in this schedule after April 24, 1973, are now open to judicial review.
π‘οΈ10th Schedule was added by the 52nd Amendment Act of 1985, also known as Anti-defection Law.
π‘οΈ11th schedule was added by the 73rd Amendment Act of 1992. It contains the provisions that specify the powers, authority and responsibilities of Panchayats. It has 29 matters.
π‘οΈ12th schedule was added by the 74th Amendment Act of 1992. It deals with the provisions that specify the powers, authority and responsibilities of Municipalities. It has 18 matters.
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Forwarded from Recent Case Law India
Mutation entry does not confer any right, title or interest in favour of any person: Supreme Court
Case: Jitendra Singh vs. State of Madhya Pradesh ; SLP(C) 13146/2021
Citation: LL 2021 SC 430
Coram: Justice MR Shah and Aniruddha Bose
Counsel: Adv Rajesh Inamdar for petitioner, Adv G.V. Chandrasekar for respondent
Wednesday 08 September, 2021
The Supreme Court observed that mutation entry in the revenue record is only for fiscal purposes and does not confer any right, title or interest in favour of a person.
"If there is any dispute with respect to the title and more particularly when the mutation entry is sought to be made on the basis of the will, the party who is claiming title/right on the basis of the will has to approach the appropriate civil court/court and get his rights crystalised and only thereafter on the basis of the decision before the civil court necessary mutation entry can be made, the bench of Justices MR Shah and Aniruddha Bose observed.
In this case, the Additional Commissioner, Rewa Division, Rewa, directed to mutate the name of the petitioner in the revenue records, on the basis of the a will produced by him. The Madhya Pradesh High Court, in a petition filed by some parties, set aside the order and directed the petitioner to approach the appropriate court to crystalise his rights on the basis of the alleged will dated 20.05.1998. The petitioner therefore filed Special Leave Petition before the Apex Court
'5..Be that as it may, as per the settled proposition of law, mutation entry does not confer any right, title or interest in favour of the person and the mutation entry in the revenue record is only for the fiscal purpose. As per the settled proposition of law, if there is any dispute with respect to the title and more particularly when the mutation entry is sought to be made on the basis of the will, the party who is claiming title/right on the basis of the will has to approach the appropriate civil court/court and get his rights crystalised and only thereafter on the basis of the decision before the civil court necessary mutation entry can be made", the bench observed.
The court referred to the judgment in Balwant Singh v. Daulat Singh (D) (1997) 7 SCC 137.
"Right from 1997, the law is very clear. In the case of Balwant Singh v. Daulat Singh (D) By Lrs., reported in (1997) 7 SCC 137, this Court had an occasion to consider the effect of mutation and it is observed and held that mutation of property in revenue records neither creates nor extinguishes title to the property nor has it any presumptive value on title. Such entries are relevant only for the purpose of collecting land revenue. Similar view has been expressed in the series of decisions thereafter.", the Court said.
The bench further noted that in Suraj Bhan v. Financial Commissioner, (2007) 6 SCC 186, it was held that an entry in revenue records does not confer title on a person whose name appears in record-of-rights.
"Entries in the revenue records or jamabandi have only "fiscal purpose", i.e., payment of land revenue, and no ownership is conferred on the basis of such entries. It is further observed that so far as the title of the property is concerned, it can only be decided by a competent civil court.", it noted.
The court noticed that similar view has been expressed in the cases of Suman Verma v. Union of India, (2004) 12 SCC 58; Faqruddin v. Tajuddin (2008) 8 SCC 12; Rajinder Singh v. State of J&K, (2008) 9 SCC 368; Municipal Corporation, Aurangabad v. State of Maharashtra, (2015) 16 SCC 689; T. Ravi v. B. Chinna Narasimha, (2017) 7 SCC 342; Bhimabai Mahadeo Kambekar v. Arthur Import & Export Co., (2019) 3 SCC 191; Prahlad Pradhan v. Sonu Kumhar, (2019) 10 SCC 259; and Ajit Kaur v. Darshan Singh, (2019) 13 SCC 70.
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Case: Jitendra Singh vs. State of Madhya Pradesh ; SLP(C) 13146/2021
Citation: LL 2021 SC 430
Coram: Justice MR Shah and Aniruddha Bose
Counsel: Adv Rajesh Inamdar for petitioner, Adv G.V. Chandrasekar for respondent
Wednesday 08 September, 2021
The Supreme Court observed that mutation entry in the revenue record is only for fiscal purposes and does not confer any right, title or interest in favour of a person.
"If there is any dispute with respect to the title and more particularly when the mutation entry is sought to be made on the basis of the will, the party who is claiming title/right on the basis of the will has to approach the appropriate civil court/court and get his rights crystalised and only thereafter on the basis of the decision before the civil court necessary mutation entry can be made, the bench of Justices MR Shah and Aniruddha Bose observed.
In this case, the Additional Commissioner, Rewa Division, Rewa, directed to mutate the name of the petitioner in the revenue records, on the basis of the a will produced by him. The Madhya Pradesh High Court, in a petition filed by some parties, set aside the order and directed the petitioner to approach the appropriate court to crystalise his rights on the basis of the alleged will dated 20.05.1998. The petitioner therefore filed Special Leave Petition before the Apex Court
'5..Be that as it may, as per the settled proposition of law, mutation entry does not confer any right, title or interest in favour of the person and the mutation entry in the revenue record is only for the fiscal purpose. As per the settled proposition of law, if there is any dispute with respect to the title and more particularly when the mutation entry is sought to be made on the basis of the will, the party who is claiming title/right on the basis of the will has to approach the appropriate civil court/court and get his rights crystalised and only thereafter on the basis of the decision before the civil court necessary mutation entry can be made", the bench observed.
The court referred to the judgment in Balwant Singh v. Daulat Singh (D) (1997) 7 SCC 137.
"Right from 1997, the law is very clear. In the case of Balwant Singh v. Daulat Singh (D) By Lrs., reported in (1997) 7 SCC 137, this Court had an occasion to consider the effect of mutation and it is observed and held that mutation of property in revenue records neither creates nor extinguishes title to the property nor has it any presumptive value on title. Such entries are relevant only for the purpose of collecting land revenue. Similar view has been expressed in the series of decisions thereafter.", the Court said.
The bench further noted that in Suraj Bhan v. Financial Commissioner, (2007) 6 SCC 186, it was held that an entry in revenue records does not confer title on a person whose name appears in record-of-rights.
"Entries in the revenue records or jamabandi have only "fiscal purpose", i.e., payment of land revenue, and no ownership is conferred on the basis of such entries. It is further observed that so far as the title of the property is concerned, it can only be decided by a competent civil court.", it noted.
The court noticed that similar view has been expressed in the cases of Suman Verma v. Union of India, (2004) 12 SCC 58; Faqruddin v. Tajuddin (2008) 8 SCC 12; Rajinder Singh v. State of J&K, (2008) 9 SCC 368; Municipal Corporation, Aurangabad v. State of Maharashtra, (2015) 16 SCC 689; T. Ravi v. B. Chinna Narasimha, (2017) 7 SCC 342; Bhimabai Mahadeo Kambekar v. Arthur Import & Export Co., (2019) 3 SCC 191; Prahlad Pradhan v. Sonu Kumhar, (2019) 10 SCC 259; and Ajit Kaur v. Darshan Singh, (2019) 13 SCC 70.
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Forwarded from Indian Judiciary Preparation PCS J
5_6244750932190432567.pdf
1.1 MB
Haryana ADA Result
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Forwarded from Indian Judiciary Preparation PCS J
The_Bharatiya_Nyaya_Sanhita__2023_230811_134238.pdf
437.2 KB
THE BHARATIYA NYAYA SANHITA, 2023
The IPC 1860 will replaced by the Bharatiya Nyaya Sanhita 2023
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The IPC 1860 will replaced by the Bharatiya Nyaya Sanhita 2023
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