#MCQ@CurrentLegalGK

A' borrowed Rs. 50000 from 'B'. Despite repeated reminders, he was not repaying the same. 'A' instigate 'C', his servant, to murder 'B', when he comes to demand his money. Next day, 'B' came to make a demand of money. Hot talks were exchanged between 'A' and 'B'. However, 'A' didn't do anything, but under such instigation, 'C' gave an axe blow on the head of 'B', resultantly, 'B' died at the spot. What offences, 'A' and 'C' has committed?

(1) C is guilty of murder of B and A is guilty of abating such murder.

(2) A & C both are guilty of murder of B.

(3) C is guilty of murder of B and A has not committed any offence.

(4) A is guilty of abating murder of B and C has not committed any offence.

Erasing Digital Past: Courts Are Listening
https://www.livelaw.in/articles/erasing-digital-past-courts-are-listening-299058

सहमति की उम्र 18 वर्ष ही रहनी चाहिए; किशोर संबंधों के मामलों में न्यायिक विवेक का प्रयोग किया जा सकता है: केंद्र ने सुप्रीम कोर्ट को बताया
https://hindi.livelaw.in/category/news-updates/age-of-consent-judicial-discretion-adolescent-relationship-cases-centre-supreme-court-298895

#Hindi@CurrentLegalGK

Should A Woman Be Granted Bail Solely Based On Her Gender?
https://www.livelaw.in/articles/should-a-woman-be-granted-bail-solely-based-on-her-gender-299084

#BNSS@CurrentLegalGK Appeal section 480 and section 437 crpc bail in non bailable offences proviso.

Changing Judicial Climate Around Section 498A IPC And Sections 3 & 4 Of Dowry Prohibition Act
https://www.livelaw.in/articles/changing-judicial-climate-around-section-498a-ipc-sections-3-4-dowry-prohibition-act-299085

Legislation by INCORPORATION
v.
Legislation by REFERENCE.

In incorporation specific provision is incorporated in one statute of any earlier statute and the effect is that any amendment in earlier statute would not affect the incorporated provision(s)

In reference general reference to act is made and any amendment in earlier statute has the effect in borrowing statute.

For distinction see landmark judgments tests such as language used, such as “shall be deemed part of” (incorp.) or merely “shall apply” (reference). Effect of amendment such as reading amendment in borrowing statute would make the statute unworkable then it is impossible to have effect of amendment in borrowing statute therefore it is 'incorporation' or if the borrowing act is a complete act it just borrows some provision for limited purpose it is incorporation.

Exceptions: Supplement or pari materia enactments, (ipc, corruption act), amendment necessary.

#Discernible_Topics@CurrentLegalGK

#IOS@CurrentLegalGK

Venue Is Construed As Seat In Absence Of Contrary Indicia, If Arbitration Agreement Only Mentions 'Venue': Allahabad HC
https://www.livelaw.in/high-court/allahabad-high-court/allahabad-high-court-judgment-clarifies-venue-vs-seat-arbitration-agreement-299174

Indus mobile distribution v. Datawind innovations, 2017

Place seat venue and exclusive jurisdiction of courts where seat is situated.

Discussed landmark judgments.

#Arbitration@CurrentLegalGK


The above recent case
“If the arbitration agreement mentions only one place and even if it is termed as the 'venue', then unless there is a contrary indicia the 'venue' is construed as the 'seat',”

@CurrentLegalGK

Documentary Evidence in civil cases.

@CurrentLegalGK

🗳️ The right to vote a unique status in Indian democracy

On the Jurisprudential aspect:
While framing the question, the court relied on Salmond and held Since every legal right, which would include a Constitutional Right, [as the Constitution is also law through the Grundnorm and not law for the Purpose of Article 13] must have a title, we must ascertain whether a citizen of India has a right to a legal remedy, “the facts or events, because of which, the rights become vested in it owner”, who is the person of inherence, we will explore, whether Article 326 contains the facts and reasons and whether it also contains the content of a Right.

Article 326 prescribes that a citizen who is 18 years of age and not disqualified by law on the grounds of non-residence, unsoundness of mind, crime, corrupt or illegal practice shall be entitled to be registered as a voter.

The law has to be made and it was made 1950, 1951, section 16 of 1951 act prescribes restrictions.
and right to vote in section 62.

What are the limits of these restrictions made by law?

Even if it is treated as a statutory right, which, at any rate, cannot be divorced or separated from the mandate of Article 326.

So whether it is a constitutional right?
The answer is No

Whether it is a statutory Right?
The answer is yes (kuldip nayar v. Union of India 2006)

In Anoop Baranwal v. Union of India 2023 thr court made it clear that they are not laying down what is the status of rifht and no departure is made from kuldip nayar but one aspect was made clear that Article 326 cannot be departed.

Because

What is important is that the Court noted in Anukul Chandra Pradhan, Advocate Supreme Court v. Union of India, 1997 that holding of free and fair elections constitute a basic feature of the Constitution and approved of the view apparently that the Right to Elect is fundamental to democracy [Jyoti Basu and Others. Debi Ghosal, 1982]


Right to vote is not a fundamental, constitutional or common law right but mere statutory right.

Right to contest election is also a mere statutory right.

That is to say “right to vote” is an ingredient of the free and fair elections. It is essential but not the necessary ingredient.

What is democracy? 👇



#COI@CurrentLegalGK

What is true democracy for India

@CurrentLegalGK

2 Essential Components of Democracy

@CurrentLegalGK

PAST 15 YEARS AIBE SOLVED PYQS

AIBE EXAM PREVIOUS QUESTION PAPERS

@CurrentLegalGK

Any rules regarding how the 3 years of practice will be ascertained?

Is it mandatory to practice before district and sessions courts or the trial courts and not before tribunals or special courts.

These questions will be of prime importance.

@CurrentLegalGK

Ending Modern-Day Untouchability – Kashmir Observer
https://kashmirobserver.net/2025/01/27/ending-modern-day-untouchability/

👨‍🎓🎓 NLU v. Non NLU

State recognised inequalities.

Justice VG Arun remarked, “There is no logical basis for the assumption that professionalism and competence is the fiefdom of only those passing from elite institutions.”

#Vacancy@CurrentLegalGK