PadmaAwards2026.pdf
169.4 KB
โพ๏ธ Padma Awards - one of the highest civilian Awards of the country, are conferred in three categories, namely, Padma Vibhushan, Padma Bhushan and Padma Shri.
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#Doctrine
โพ๏ธ Doctrine of Dominus Litis : The Doctrine of Dominus Litis, a Latin term, translates to โMaster of the Lawsuitโ.
๐ Originating from the principles of civil procedure, it establishes the party who has control over the litigation process.
๐ The Doctrine of Dominus Litis grants the plaintiff the right to choose suit parties, yet this right is not absolute, subject to the Code of Civil Procedure, 1908 (CPC)'s Order 1, Rule 10.
๐ The court may add/remove parties at its discretion, ensuring all necessary parties are present for a comprehensive resolution.
๐ The court assesses impleaded parties' direct interest and their contribution to resolving the dispute, retaining discretion to accept or reject claims based on circumstances; no one has an automatic right to be impleaded.
Join ๐ @JudiciaryUP
โพ๏ธ Doctrine of Dominus Litis : The Doctrine of Dominus Litis, a Latin term, translates to โMaster of the Lawsuitโ.
๐ Originating from the principles of civil procedure, it establishes the party who has control over the litigation process.
๐ The Doctrine of Dominus Litis grants the plaintiff the right to choose suit parties, yet this right is not absolute, subject to the Code of Civil Procedure, 1908 (CPC)'s Order 1, Rule 10.
๐ The court may add/remove parties at its discretion, ensuring all necessary parties are present for a comprehensive resolution.
๐ The court assesses impleaded parties' direct interest and their contribution to resolving the dispute, retaining discretion to accept or reject claims based on circumstances; no one has an automatic right to be impleaded.
Join ๐ @JudiciaryUP
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โพ๏ธ The bench of Justices Dipankar Datta and Satish Chandra Sharma in the case of Sri Mukund Maheswar & Anr. v. Axis Bank Ltd. & Ors. (2026) held that the Registry cannot question a petitioner's decision to implead particular parties as respondents, emphasizing that such matters fall within the exclusive domain of the judiciary.
Join ๐ @JudiciaryUP
Join ๐ @JudiciaryUP
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#Motivation
๐๐๐
เคเคชเคเคพ เคญเคตเคฟเคทเฅเคฏ เคเคชเคเฅ เคธเคชเคจเฅเค เคธเฅ เคจเคนเฅเค, เคฌเคฒเฅเคเคฟ เคเคชเคเฅ เค เคจเฅเคถเคพเคธเคจ เคธเฅ เคเคเคพเคฐ เคฒเฅเคคเคพ เคนเฅเฅค
Good Morning ๐ป๐บ๐ธ
๐๐๐
เคเคชเคเคพ เคญเคตเคฟเคทเฅเคฏ เคเคชเคเฅ เคธเคชเคจเฅเค เคธเฅ เคจเคนเฅเค, เคฌเคฒเฅเคเคฟ เคเคชเคเฅ เค เคจเฅเคถเคพเคธเคจ เคธเฅ เคเคเคพเคฐ เคฒเฅเคคเคพ เคนเฅเฅค
Good Morning ๐ป๐บ๐ธ
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โพ๏ธ The bench of Justices Dipankar Datta and Manmohan in the case of XXX v. State of Kerala & Ors. (2025) issued comprehensive guidelines to Magistrates on Section 175(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), clarifying when and how to seek superior officer reports before ordering investigation against public servants.
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Join ๐ @JudiciaryUP
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DELHI APP RECRUITMENT RULES 2026.pdf
270.1 KB
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#BNSS
โพ๏ธSection 175 BNSS โ Police Officerโs Power to Investigate
โช๏ธCognizable Case:
๐ The officer in charge of a police station may investigate a cognizable offence without prior permission of a Magistrate.
๐ Such investigation can be conducted for offences which a court having jurisdiction over the local area can inquire into or try.
๐ Superintendent of Police (SP) may, considering the nature and gravity of the offence, direct that the investigation be conducted by a Deputy Superintendent of Police (DSP).
โช๏ธValidity of investigation protected:
๐ No proceedings of a police officer shall be questioned merely on the ground that the officer was not empowered to investigate the case.
โช๏ธA Magistrate empowered under Section 210 BNSS may order investigation:
๐ป After considering an application supported by an affidavit under Section 173(4), and
๐ป After making such inquiry as deemed necessary and considering the police officerโs submission.
๐ In cases involving a complaint against a public servant arising during discharge of official duties, the Magistrate may order investigation only after:
๐ป Receiving a report from the superior officer of the public servant, and
๐ป Considering the version/explanation of the public servant regarding the incident.
โช๏ธ Key Change:
๐ Section 175 BNSS replaces Section 156 of the CrPC, introducing additional safeguards, particularly in cases involving public servants.
Join ๐ @JudiciaryUP
โพ๏ธSection 175 BNSS โ Police Officerโs Power to Investigate
โช๏ธCognizable Case:
๐ The officer in charge of a police station may investigate a cognizable offence without prior permission of a Magistrate.
๐ Such investigation can be conducted for offences which a court having jurisdiction over the local area can inquire into or try.
๐ Superintendent of Police (SP) may, considering the nature and gravity of the offence, direct that the investigation be conducted by a Deputy Superintendent of Police (DSP).
โช๏ธValidity of investigation protected:
๐ No proceedings of a police officer shall be questioned merely on the ground that the officer was not empowered to investigate the case.
โช๏ธA Magistrate empowered under Section 210 BNSS may order investigation:
๐ป After considering an application supported by an affidavit under Section 173(4), and
๐ป After making such inquiry as deemed necessary and considering the police officerโs submission.
๐ In cases involving a complaint against a public servant arising during discharge of official duties, the Magistrate may order investigation only after:
๐ป Receiving a report from the superior officer of the public servant, and
๐ป Considering the version/explanation of the public servant regarding the incident.
โช๏ธ Key Change:
๐ Section 175 BNSS replaces Section 156 of the CrPC, introducing additional safeguards, particularly in cases involving public servants.
Join ๐ @JudiciaryUP
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7th Amendment Notification_260130_160658.pdf
339.4 KB
โพ๏ธ The Uttar Pradesh Judicial Service (Seventh Amendment) Rules, 2026
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#Motivation
โโโ
เคธเคซเคฒเคคเคพ เคธเฅ เคชเฅเคฐเฅเคฎ เคฎเคค เคเคฐเฅเฅค
เคเคจ เคเคฆเคคเฅเค เคธเฅ เคชเฅเคฐเฅเคฎ เคเคฐเฅ เคเฅ เคธเคซเคฒเคคเคพ เคฒเฅเคเคฐ เคเคคเฅ เคนเฅเคเฅค
Good Morning ๐๐บ๐ธ
โโโ
เคธเคซเคฒเคคเคพ เคธเฅ เคชเฅเคฐเฅเคฎ เคฎเคค เคเคฐเฅเฅค
เคเคจ เคเคฆเคคเฅเค เคธเฅ เคชเฅเคฐเฅเคฎ เคเคฐเฅ เคเฅ เคธเคซเคฒเคคเคพ เคฒเฅเคเคฐ เคเคคเฅ เคนเฅเคเฅค
Good Morning ๐๐บ๐ธ
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โพ๏ธ Supreme Court Stays UGC's 2026 Regulations
๐ The Supreme Court (SC) has issued an interim stay on the University Grants Commission (Promotion of Equity in Higher Education Institutions) Regulations, 2026, citing concerns of potential division of society and undermining campus unity.
โช๏ธ Judicial Intervention: Since the 2012 Regulations had been repealed, the Court, exercising its powers under Article 142, directed that the UGC (Promotion of Equity in Higher Educational Institutions) Regulations, 2012 would continue to apply until further orders.
โช๏ธ Background & Context: The 2026 Regulations were formulated in response to the ongoing case Abeda Salim Tadvi v. Union of India (2019), which seeks to establish a mechanism to end caste-based discrimination on campuses.
โช๏ธ Key Legal & Definitional Challenges to 2026 Regulations: The petitions specifically challenged Section 3(1)(c), which exclusively defines discrimination against SC, ST, and OBC members, thereby excluding the general category.
๐ The bench questioned the necessity of this narrow provision, as Section 3(1)(e) already provides a broader, inclusive definition of discrimination based on religion, race, caste, gender, place of birth, or disability.
๐ The SC raised questions on whether the UGC 2026 Regulations adequately cover harassment on regional lines, intra-caste harassment by economically privileged individuals, and incidents of ragging. Moreover, the Regulations contain no mechanism to penalize false complaints.
โช๏ธ Core Judicial Concerns: The SC invoked the "principle of no-regression" from environmental and social justice law, questioning why the 2026 rules were less inclusive than the 2012 version.
๐ป The bench examined the regulation through the lens of Article 15(4) that enables the State to make special provisions for the advancement of socially and educationally backward classes, including SCs and STs.
Join๐ @JudiciaryUP
๐ The Supreme Court (SC) has issued an interim stay on the University Grants Commission (Promotion of Equity in Higher Education Institutions) Regulations, 2026, citing concerns of potential division of society and undermining campus unity.
โช๏ธ Judicial Intervention: Since the 2012 Regulations had been repealed, the Court, exercising its powers under Article 142, directed that the UGC (Promotion of Equity in Higher Educational Institutions) Regulations, 2012 would continue to apply until further orders.
โช๏ธ Background & Context: The 2026 Regulations were formulated in response to the ongoing case Abeda Salim Tadvi v. Union of India (2019), which seeks to establish a mechanism to end caste-based discrimination on campuses.
โช๏ธ Key Legal & Definitional Challenges to 2026 Regulations: The petitions specifically challenged Section 3(1)(c), which exclusively defines discrimination against SC, ST, and OBC members, thereby excluding the general category.
๐ The bench questioned the necessity of this narrow provision, as Section 3(1)(e) already provides a broader, inclusive definition of discrimination based on religion, race, caste, gender, place of birth, or disability.
๐ The SC raised questions on whether the UGC 2026 Regulations adequately cover harassment on regional lines, intra-caste harassment by economically privileged individuals, and incidents of ragging. Moreover, the Regulations contain no mechanism to penalize false complaints.
โช๏ธ Core Judicial Concerns: The SC invoked the "principle of no-regression" from environmental and social justice law, questioning why the 2026 rules were less inclusive than the 2012 version.
๐ป The bench examined the regulation through the lens of Article 15(4) that enables the State to make special provisions for the advancement of socially and educationally backward classes, including SCs and STs.
Join๐ @JudiciaryUP
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#JudiciaryUpdates
๐Bihar Civil Judge Exam 2026
๐ Extension of Application Form Date : 30/04/2026
๐ Note: All the conditions mentioned in the earlier advertisement shall remain effective during the application forms about to submit till the last date.
๐Bihar Civil Judge Exam 2026
๐ Extension of Application Form Date : 30/04/2026
๐ Note: All the conditions mentioned in the earlier advertisement shall remain effective during the application forms about to submit till the last date.
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#Motivation
โ๏ธโ๏ธโ๏ธ
''Success is the sum of small efforts, repeated day in and day out.โ โ Robert Collier
Join ๐@JudiciaryUP
โ๏ธโ๏ธโ๏ธ
''Success is the sum of small efforts, repeated day in and day out.โ โ Robert Collier
Join ๐@JudiciaryUP
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โพHate Speech and Hate Crime
๐ As per the 267th Law Commission Report (2017), hate speech refers to words or actions intended to stir hatred against groups based on race, ethnicity, gender, religion, or sexual orientation. It includes visuals, signs, or speech meant to incite fear or violence.
๐Hate crimes are criminal acts (like physical assault or mob lynching) motivated by bias against a personโs identity, such as their color, national origin, or disability.
โช๏ธLegal Remedies:
๐ Constitutional: Article 19(1)(a) guarantees Freedom of Speech and Expression, but is subject to "Reasonable Restrictions" under Article 19(2) for protecting public order and preventing the incitement of offences.
โช๏ธLegal framework:
๐Bharatiya Nyaya Sanhita (BNS), 2023: Section 196 (formerly IPC 153A) penalizes promoting enmity between groups, and Section 299 (formerly IPC 295A) punishes acts intended to outrage religious feelings.
๐Representation of the People Act, 1951: Specifically, Section 8 disqualifies candidates convicted of promoting communal disharmony.
๐Special Statutes: The SC/ST (Prevention of Atrocities) Act, 1989 and the Protection of Civil Rights Act, 1955, target identity-based insults and the practice of untouchability.
โช๏ธKey Judgements on Curbing Hate Speech:
๐ Shaheen Abdulla v. Union of India (2022): The Supreme Court directed police to register suo motu FIRs in hate speech cases without waiting for a formal complaint.
๐ Tehseen S. Poonawalla v. Union of India (2018): The Court issued guidelines to curb mob lynching and recommended appointing district nodal officers.
๐ Shreya Singhal v. Union of India (2015): The SC struck down Section 66A of the IT Act, 2000, ruling that vague restrictions on "annoyance" or "insult" violate Article 19(1)(a).
๐ Pravasi Bhalai Sangathan v. Union of India (2014): The Court urged the Law Commission to define hate speech to avoid "judicial overreach" in its regulation.
Join๐ @JudiciaryUP
๐ As per the 267th Law Commission Report (2017), hate speech refers to words or actions intended to stir hatred against groups based on race, ethnicity, gender, religion, or sexual orientation. It includes visuals, signs, or speech meant to incite fear or violence.
๐Hate crimes are criminal acts (like physical assault or mob lynching) motivated by bias against a personโs identity, such as their color, national origin, or disability.
โช๏ธLegal Remedies:
๐ Constitutional: Article 19(1)(a) guarantees Freedom of Speech and Expression, but is subject to "Reasonable Restrictions" under Article 19(2) for protecting public order and preventing the incitement of offences.
โช๏ธLegal framework:
๐Bharatiya Nyaya Sanhita (BNS), 2023: Section 196 (formerly IPC 153A) penalizes promoting enmity between groups, and Section 299 (formerly IPC 295A) punishes acts intended to outrage religious feelings.
๐Representation of the People Act, 1951: Specifically, Section 8 disqualifies candidates convicted of promoting communal disharmony.
๐Special Statutes: The SC/ST (Prevention of Atrocities) Act, 1989 and the Protection of Civil Rights Act, 1955, target identity-based insults and the practice of untouchability.
โช๏ธKey Judgements on Curbing Hate Speech:
๐ Shaheen Abdulla v. Union of India (2022): The Supreme Court directed police to register suo motu FIRs in hate speech cases without waiting for a formal complaint.
๐ Tehseen S. Poonawalla v. Union of India (2018): The Court issued guidelines to curb mob lynching and recommended appointing district nodal officers.
๐ Shreya Singhal v. Union of India (2015): The SC struck down Section 66A of the IT Act, 2000, ruling that vague restrictions on "annoyance" or "insult" violate Article 19(1)(a).
๐ Pravasi Bhalai Sangathan v. Union of India (2014): The Court urged the Law Commission to define hate speech to avoid "judicial overreach" in its regulation.
Join๐ @JudiciaryUP
#BNSS
โพWithdrawal of Prosecution: Section 321 of CrPC provides for withdrawal of Prosecution. This provision can now be found under Section 360 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
โช๏ธUnder Section 360 of BNSS following points are laid down:
๐A Public Prosecutor or Assistant Public Prosecutor can withdraw from prosecuting a case, but they need the Court's permission to do so.
โช๏ธThis withdrawal can be done any time before the final judgment, and it can be
๐For all charges against the accused
๐For specific charges only
โช๏ธThe effect of withdrawal depends on timing:
๐If withdrawn before charges are framed: The accused is discharged
๐If withdrawn after charges are framed: The accused is acquitted
โช๏ธSpecial permission from Central Government is needed if the case involves:
๐Matters under Union government's power
๐Cases investigated under Central laws
๐Damage to Central Government property
๐Crimes by Central Government employees during official duty
โช๏ธTwo important safeguards:
๐In cases involving Central matters, the prosecutor must show the court written permission from Central Government.
๐ The court must hear the victim's side before allowing any withdrawal.
Join @JudiciaryUP
โพWithdrawal of Prosecution: Section 321 of CrPC provides for withdrawal of Prosecution. This provision can now be found under Section 360 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
โช๏ธUnder Section 360 of BNSS following points are laid down:
๐A Public Prosecutor or Assistant Public Prosecutor can withdraw from prosecuting a case, but they need the Court's permission to do so.
โช๏ธThis withdrawal can be done any time before the final judgment, and it can be
๐For all charges against the accused
๐For specific charges only
โช๏ธThe effect of withdrawal depends on timing:
๐If withdrawn before charges are framed: The accused is discharged
๐If withdrawn after charges are framed: The accused is acquitted
โช๏ธSpecial permission from Central Government is needed if the case involves:
๐Matters under Union government's power
๐Cases investigated under Central laws
๐Damage to Central Government property
๐Crimes by Central Government employees during official duty
โช๏ธTwo important safeguards:
๐In cases involving Central matters, the prosecutor must show the court written permission from Central Government.
๐ The court must hear the victim's side before allowing any withdrawal.
Join @JudiciaryUP
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๐ Important Cases on Withdrawal of Prosecution
โพAbdul Wahab K v. State of Kerela and other (2018):
๐The Public Prosecutor or an Assistant Public Prosecutor, as the case may be, has an important role under the statutory scheme and is expected to act as an independent person.
๐He/she has to apply his/her own mind and consider the effect of withdrawal on the society in the event such permission is granted.
โพState of Kerela v. K Ajith and others (2021): The Court laid down before deciding whether to grant consent for withdrawal of prosecution the Court must be satisfied that:
๐The function of the Public Prosecutor has not been improperly exercised or that it is not an attempt to interfere with the normal course of justice for illegitimate reasons or purposes.
๐The application has been made in good faith, in the interest of public policy and justice, and not to thwart or stifle the process of law.
๐The application does not suffer from such improprieties or illegalities as would cause manifest injustice if consent were to be given.
๐The grant of consent subserves the administration of justice.
๐Permission has not been sought with an ulterior purpose unconnected with the vindication of the law which the Public Prosecutor is duty-bound to maintain.
Join @JudiciaryUP
โพAbdul Wahab K v. State of Kerela and other (2018):
๐The Public Prosecutor or an Assistant Public Prosecutor, as the case may be, has an important role under the statutory scheme and is expected to act as an independent person.
๐He/she has to apply his/her own mind and consider the effect of withdrawal on the society in the event such permission is granted.
โพState of Kerela v. K Ajith and others (2021): The Court laid down before deciding whether to grant consent for withdrawal of prosecution the Court must be satisfied that:
๐The function of the Public Prosecutor has not been improperly exercised or that it is not an attempt to interfere with the normal course of justice for illegitimate reasons or purposes.
๐The application has been made in good faith, in the interest of public policy and justice, and not to thwart or stifle the process of law.
๐The application does not suffer from such improprieties or illegalities as would cause manifest injustice if consent were to be given.
๐The grant of consent subserves the administration of justice.
๐Permission has not been sought with an ulterior purpose unconnected with the vindication of the law which the Public Prosecutor is duty-bound to maintain.
Join @JudiciaryUP
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