Ratio: “Whether a reserved candidate who has availed relaxation in fees/upper age limit to participate in open competition with general candidates may be recruited against unreserved seats would depend on the facts of each case. That is to say, in the event there is no embargo in the recruitment rules/employment notification, such reserved candidates who have scored higher than the last selected unreserved candidate shall be entitled to migrate and be recruited against unreserved seats. However, if an embargo is imposed under relevant recruitment rules, such reserved candidates shall not be permitted to migrate to general category seats

Relied: The Court also referred to Saurav Yadav v. State of UP (2020), clarifying that candidates can only be migrated to unreserved seats when no special concession has been availed and no bar exists in the recruitment framework.

Facts: Since a bar to migration existed in the present case, the Court overturned the High Court's decision and denied the migration to the Respondents to the general seats.

UNION OF INDIA v. SAJIB ROY

#COI@CurrentLegalGK

*सुप्रीम कोर्ट बोला- पूरे देश को साफ हवा का हक:* दिल्ली-NCR ही क्यों, देशभर में पटाखे बैन होने चाहिए; दिल्ली के लिए पॉलिसी नहीं बना सकते
https://dainik.bhaskar.com/pMFjXyDbBWb

To be a constitutional lawyer in India today
https://www.barandbench.com/columns/to-be-a-constitutional-lawyer-in-india-today

🏡 Right to shelter discussed.

📍Landmark—
SHANTISTAR BUILDERS
v.
NK TOTAME,
1990
This recognition casts a corresponding duty on the State to ensure access to adequate housing, particularly for weaker sections.

🗓️Recent—
MANSI BRAR FERNANDES
v.
SHUBHA SHARMA
2025
Reiterated, for housing.

Question ❓
Is it possible to impose positive duty on State under the ambit of the language of Article 21? State has to make shelter for persons.

#COI@CurrentLegalGK

Right To Seek Remission Applicable Even When Convict Sentenced To Imprisonment For Remainder Of Life : Supreme Court
https://www.livelaw.in/top-stories/right-to-seek-remission-applicable-even-when-convict-sentenced-to-imprisonment-for-remainder-of-life-supreme-court-303650

Delhi High Court: Presumption Of Valid Hindu Marriage Doesn't Diminish Due To Lack Of Direct Evidence Of 'Saptapadi' Ceremony
https://www.verdictum.in/court-updates/high-courts/delhi-high-court/vinod-kumar-vs-ms-geeta-2025dhc7620-db-lack-of-direct-evidence-of-saptapadi-doesnt-diminish-valid-hindu-marriage-1590898

Kindly read this brief properly to understand the crux of recent reservation judgment

a. See the law in detail;
b. And this is not something new as well.

https://t.me/CurrentLegalGK/6871

HCs should discourage writ or 482 where alternative remedies are available. Nonetheless In

Sakiri Vasu v. State of U.P. 2008

it is equally true that alternative remedy is not an absolute bar for invoking the extraordinary jurisdiction or the inherent jurisdiction of the High Court.

The present case belongs to non registration of FIR on the basis of preliminary inquiry report but the HC has directed it to register on the prima facie finding that cognizable offence has been committed and so the preliminary inquiry is not conclusive because ordinarily it is not required.

Lalita kumari has held that if no cognizable offence is made out then to ascertain cognizable offence is made out preliminary inquiry is held

Constitutional Court has exercised its discretion in entertaining the petitions and directing for the registration of the FIR against the two officers on being satisfied that the commission of a cognizable offence is prima facie made out against them we see no good reason to interfere

@CurrentLegalGK

#Question@CurrentLegalGK

Topic— Preliminary Inquiry

1. In CrPC what all cases Preliminary inquiry can be made? only in some listed or all cases where cognizable offence not made out.

2. What can be the impact of this decision on the new law on Preliminary inquiry under 193 BNSS.

Is Offence Of Murder Made Out When Death Occurs Days After Fatal Injury ? Supreme Court Lays Down Tests
https://www.livelaw.in/supreme-court/is-offence-of-murder-made-out-when-death-occurs-days-after-fatal-injury-supreme-court-lays-down-tests-303817

Temples in India where men are not allowed | The Times of India
https://timesofindia.indiatimes.com/life-style/soul-search/temples-in-india-where-men-are-not-allowed/photostory/106550977.cms

Indian young lawyers association v. State of Kerala 2018

🌟 246th REPORT ON THE BHARATIYA NYAYA SANHITA, 2023

Adultery should be an offence or not was considered by the standing committee report.

One view: State should not interfere in personal matter (P Chidambaram)
Another view: Sanctity of marriage is protected as it is the 1st Unit of Indian Society.

Practical aspects: The detterance force of punishment will reduce family disputes concerning adultery thereby protecting the future of India i.e. child Right to Family.

Judgments are influenced by changes in law and the object behind the provision therefore we have seen interpretations like "living in adultery" is different from "committing aduktery" for maintenance cases.

Do you know why adultery is still an offence by 2023 order for army personnel?

You can read only the legal aspect here:
https://t.me/CurrentLegalGK/6073


@CurrentLegalGK

🕉️🇮🇳 History of Major Languages of India

Among the modern Indo-Aryan languages, Hindi and Bangla happen to be the most well-
known languages internationally. Hindi of course has about 49 varieties, and is spread over a vast tract in North India.

Language and their scripts.

I am skeptical about the origin of Aryan and Dravidian concept so just go with the concept instead of terminology.

Read more: https://t.me/CurrentLegalGK/4674

For tricks to learn 22 official language search "official language"

@CurrentLegalGK

MANIKLAL SAHU
v.
Chattisgarh
2025

Culpable Homicide v murder v attempt to murder 9 month long delay in injury and death whether murder?

Guiding principles (mostly repeated)
#BNS@CurrentLegalGK

Punished with imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life would not take away his right to seek remission in accordance with the Constitution or the statutory scheme as under the CrPC or BNSS and the applicable policy of remission of each State.

Mahendra vishwanath kawchale


                    v.
         Union of India
                2025

...
...
...

Res Integra Question— prescription of a single sentence under Section 376DA IPC without any alternative sentence being provided and the use of the expression “shall” makes it mandatory on the Sessions Court is concerned, we leave the said question of law open.

My Answer:-
Death penalty was the only option in Section 303 held unconstitutional in Mithu singh. https://t.me/CurrentLegalGK/6777
Can be used here as well because sentence hearing will be of no use here too.

Read more:
https://t.me/CurrentLegalGK/6581

Now there is no diff between LI simpliciter and LI with remainder of persons natural life therefore courts have indirectly made the legal distinction nugatory and a breach of ut res magis valeat quam pareat in the light of the object of sentencing policy and remmission policy.
#BNS@CurrentLegalGK

Supreme Court Issues Directions To Ensure Humane Conditions In Beggars' Homes Across Country
https://www.livelaw.in/top-stories/supreme-court-issues-directions-to-ensure-humane-conditions-in-beggars-homes-across-country-303873

MS PATTER V. STATE OF NCT DELHI

DIRECTIVES TO REFORM THE "BEGGARS HOME" CONDITION

one such directive is—
Children found begging shall not be detained in Beggars' Homes but referred to child welfare institutions under the Juvenile Justice (Careand Protection of Children) Act, 2015.

#JJ@CurrentLegalGK

Through an empirical study on the justice system in India conducted by Nick Robinson, it was indicated that the number of appeals to the Supreme Court decreases as the distance from Delhi increases

the Bihar Legal Support Society Case, Justice P.N. Bhagwati referred to the opinion of an American judge on the possible fallibility of Supreme Court decisions. Justice Robert Jackson, in Brown v. Allen, had stated, “We are not final because we are infallible, but we are infallible only because we are final”. 

It will increase a further stress on Article 141 where SC has the duty to interpret the laws and lay down a clear staire decisis for all courts instead of giving conflicting judgments it settles the res integra.

the author of this article stresses on a good point but again we have seen on major occasions that the quality of interpretation given by HC and SC differs wherin SC outrightly rejects the wrong interpretation and acts as a custodian of constitution, the role of SC is more related to constitution.

Therefore access to justice must be made via technology if it is possible otherwise at least setting up 3 more benches in southward side of India and northeastern side of India.

@CurrentLegalGK