Supreme Court Half Yearly Digest 2024 - Criminal Minor Acts
https://www.livelaw.in/supreme-court/supreme-court-judgments-criminal-minor-acts-half-yearly-digest-2024-268936

💯 6 monthly digest criminal minors

JUVENILE JUSTICE ACT, NEGOTIABLE INSTRUMENTS ACT

@CurrentLegalGK

Police will not register FIRs and magistrates cannot: Welcome to the regime of new criminal laws
https://www.barandbench.com/columns/police-wont-register-firs-magistrates-cannot-regime-of-new-criminal-laws

@CurrentLegalGK

Why Regular Civil Courts or Family Courts Are In Better Position Than Writ Courts To Deal With Child Custody Cases? Supreme Court Explains
https://www.livelaw.in/supreme-court/why-regular-civil-courts-or-family-courts-are-in-better-position-than-writ-courts-to-deal-with-child-custody-cases-supreme-court-explains-268929

👦 Why instead of Writ Courts the Regular Civil Courts or Family Courts are in an advantageous position for dealing with child custody cases.

🌟 Reasons—
👉The Court can frequently interact with the child. Practically, all Family Courts have a child centre/play area.
👉A child can be brought to the play centre, where the judicial officer can interact with the child.
Access can be given to the parties to meet the child at the same place.
👉Moreover, the Court dealing with custody matters can record evidence.
👉The Court can appoint experts to make the psychological assessment of the child.
👉If an access is required to be given to one of the parties to meet the child, the Civil Court or Family Court is in a better position to monitor the same.

🌟Principles for habeas corpus writs dealing with child custody

1. Prerogative/extraordinary remedy.
2. HC has discretion not to exercise it even if it finds that custody of the child by the respondents was illegal (welfare of children to not to disturb custody) 
3. Paramount consideration is the welfare of the minor.
4.  Court cannot ignore the doctrine of parens patriae (state acts as parent when rea parent neglects), the order cannot be exercised mechanically or child cannot be treated as property.

Case- Somprabha Rana & Ors. versus The State of Madhya Pradesh, 2024

Law- Guardianship and Wards Act, 1890 & Article 226

@CurrentLegalGK

👌 History of Kashmir

🔗 https://dainik.bhaskar.com/m8pLeZaCIMb

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Supreme Court Half Yearly Digest 2024 - Civil Minor Acts

@CurrentLegalGK

Punjab & Haryana High Court Stays Arrest Of Accused Who Wrongly Sought Pre-Arrest Bail Under CrPC, Grants Time To File Under BNSS
https://www.livelaw.in/high-court/punjab-and-haryana-high-court/punjab-haryana-high-court-crpc-wrongly-invoked-file-under-bnss-interim-relief-269054

"unintentionally choosing a wrong legal remedy should not become a technical hindrance for exercising Constitutional and statutory rights in pursuit of Justice. Given this, the appropriate relief under these compelling circumstances is limited protection and relief to exercise the correct option."

Mistakenly applied wrong law (crpc) got the Relief from court.

@CurrentLegalGK

🌟 From Greater Nicobar Members of Which tribe voted for first time in 2024 General elections.

Till now I have won more than 5.99 Billions in KBC, yet they are not paying me. 😥

KBC GK = Bollywood + Cricket
and I am weak in both 🙃

#MCQ
#JOCKS
@CurrentLegalGK

Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest– August 2024

Important - https://t.me/CurrentLegalGK/3577?comment=306574

@CurrentLegalGK

💯 #Tip

Essential ingredients of provisions and Landmark judgments ratio of any subject is nothing but the heart of every law exam.

@CurrentLegalGK

#Question

What is an Express Notice under TPA whether the term is used in any of the provisions?

@CurrentLegalGK

🧠🤯📝 MENTALLY ILL PERSON CAN/CANNOT ENTER INTO SALE DEED

Requirement for transfer of property is majority + soundness of mind then how people suffering from coma, autism, cerebral palsy can transfer their Property???

✅Sale under Mental Health Act,1987

✓Object: Provide Better treatment &
Provisions for property.
✓Mental ill person: Person who is in need of treatment due to any mental disorder other than "mental retardation" (which is covered under a separate statute).

✓Appointment of Guardian and Manager.
~ Possession of property is must.
~ District Court appointing
1) A Guardian under Section 53 to take care of his person; and
2) A Manager under Section 54 for the management of his property.
(Both can be the same person)

~ Manager could mortgage, create any charge on, or, transfer by sale, gift, exchange or otherwise, any immovable property of the mentally ill person OR lease out any such property for a period exceeding five years, only after obtaining permission of the District Court in that behalf.

~ Signature in deed by manager.
~ Entering into Contract.
~ Could be sued for mismanagement of sums received from property.

✓But ==> new act repealed 1987 Act

~ 2017 Act, has no provision or an alternate mechanism for adjudication of matters pertaining to property of Mentally ill person.

✅The Rights of Persons with Disabilities Act, (“RPwD Act, 2016)

✓Person with Disability:- Person with long-term physical, mental, intellectual or sensory impairment which, in interaction with barriers, hinders his full and effective participation in society equally with others.

✓Limited Guardianship” means a system of joint decision which operates on mutual understanding and trust between the guardian and the person with disability, which shall be limited to a specific period and for specific decision and situation and shall operate in accordance to the will of the person with disability. (Appointed by Designated authority or District court)

• No provision of sale, gift, lease etc
• No absolute power by guardian (limited)

✅Guardian Under National Trust Act,1999

No concept of manager, only guardian appointed by local committee, which frame some duties like management of property or furnish accounts of immovabale property

✓Sale or dealing with property of person with disability, falls outside the purview of the said Act.

✅Recent Trends and case laws

Till date there is no law relating to appointment of guardian of a person who is in coma or a vegetative state.

✓Doctrine of Parens Patriae

"State to provide a parent who can take decision on behalf of such needy person, in case of no law court act as state under article 12"

👨‍⚖️Rita Arvind Kakodkar v Maharashtra, 2022, appointed a sister of a widowed brother as his guardian at law and of his property and assets, following guidelines:-

1. Sale with court permission
2. Money to be deposited in brothers bank account.

So there is no proper law which sets out procedure for sale of property of mentally ill person, and relatives of person has to suffer.

✅Suggestions

We need a uniform mechanism under one statue, setting out unequivocal process of sale of immovable properties of all persons incapable of taking legal decisions, through manager/guardian, be it mentally ill persons, people in comatose state or otherwise.

Also read- G. Babu v. The District Collector and Ors. 2023

#Discernible_Topics
@CurrentLegalGK

🌟 #Tip for Handwriting

🅰️🅱️ Letter by Letter Approach

💯 Believe me this will give you 10 times improvement everytime you do this.

⚡ Step 1. Write slowly and give best efforts in 200 Words from anywhere.

⚡ Step 2. Now see which letter looks bad to you (self analyse)

⚡ Step 3. See same letter in your peers handwriting (cursive and separate letter treated differently)

⚡ Step 4. Use that letter style in your handwriting which you copied and keep doing untill comes in habit (it will come within 3 days)

⚡ Step 5. Repeat the above and ask others for analysis after 5 repetitions.

First fix this then practice a lot of writing to speed by fixing timer.

#Tip@CurrentLegalGK

Surrogate Mothers Likely To Be Paid Anyway, Better To Have A System To Regulate : Supreme Court In Challenge To Ban On Commercial Surrogacy
https://www.livelaw.in/top-stories/supreme-court-protection-of-surrogate-mothers-plea-against-prohibition-on-commercial-surrogacy-269196

Acknowledging Dewan's submission, Justice Nagarathna said that there can be something like a "surrogate bank". "The plan will not really work in the sense they are still going to be paid. Atleast we can regulate it", the judge added.

@CurrentLegalGK

‘Effective consultation’: How SC ruling underlines process of HC judges’ appointment 🔗
#collegium_system #himachal_pradesh_high_court #sc_collegium #supreme_court_collegium

The court said that collegiums for High Court appointments would include the
1. Chief Justice of India (CJI) and the
2. two seniormost judges of the Supreme Court.

This collegium would be required to consult the “Chief Justice and senior judges” of the HC concerned, the “seniormost” SC judge from that HC, as well as any SC judges who were “knowledgeable” about that HC.

As a part of this process, the Chief Justice of the HC must consult two other seniormost judges at the HC — together forming the High Court collegium —

And send their recommendations, with reasons, to the Chief Minister, the Governor, and the CJI.

The Governor, based on the advice of the Chief Minister, will send the proposal to the Minister of Law and Justice at the Centre, who will conduct a background check and send the entire material to the CJI, who will consider it with the rest of the SC collegium.

@CurrentLegalGK

🤬 🇬🇧🇺🇸
UK v. USA Defamation laws.

Burden of proof and fault liability.

In the UK, the falsity of a defamatory statement is presumed, and the defendant must prove that the statement is true.

In the USA, the plaintiff must prove that the statement is false. This reversal of burden makes it easier to bring a defamation case in the UK.

In UK no need to prove Negligency or Recklessnes or knowledge there is strict liability..

In U.S.A Knowledge (actual malice) or Negligence need to be proved depending on whom the person suing Public official or private person

@CurrentLegalGK