Judiciary UP Telegram Posts

#Motivation
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Good Morning 🌸🌺🌻

#BNSS

◾️ Section 419 of Bharatiya Nagarik Suraksha Sanhita (BNSS):

▪️ Section 419 of BNSS deals with appeals against acquittals and provides who has the authority to direct such appeals and under what circumstances.

▪️ Section 378 of CrPC is replaced by Section 419 of BNSS (New Criminal Law).

👉 Under subsection (1), the District Magistrate may direct the Public Prosecutor to present an appeal to the Court of Session from an acquittal order passed by a Magistrate in cognizable and non-bailable offence cases.

👉 The State Government may direct the Public Prosecutor to appeal to the High Court from any original or appellate acquittal order passed by any court (except High Court), provided it's not an order under clause (a) or an acquittal order passed by the Court of Session in revision.

👉 Subsection (2) extends similar powers to the Central Government in cases investigated by agencies empowered under Central Acts.

👉 As per subsection (3), no appeal to the High Court under subsections (1) or (2) can be entertained without obtaining leave from the High Court.

👉 Subsection (4) appears to allow complainants to make applications for special leave to appeal in certain circumstances (though the full text of this subsection seems truncated in your provided information).

👉 Subsection (5) establishes time limits for filing applications for special leave to appeal: six months for public servant complainants and sixty days in all other cases, calculated from the date of the acquittal order.

👉 According to subsection (6), if an application for special leave to appeal is refused, no appeal from that acquittal order can be made under subsections (1) or (2).

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◾️ 129th Birth Anniversary of Morarji Desai: He was born on 29th February 1896 and served as the 4th Prime Minister of India (1977 to 1979) during the 6th Lok Sabha.

👉 He was appointed Chairman of the 1st Administrative Reforms Commission (1966) to restructure the government administration.

👉 He led the Janata Party to a landslide victory in the 1977 Lok sabha elections and became Prime Minister. During his tenure, the 44th Amendment Act, 1978 was enacted to uphold the rule of law.

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◾️ SC: Time to consider right against disability-based bias a fundamental right

#Motivation
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Good Morning 🌺🌸🌻

◾️ A High Court or sessions court while granting bail under Section 439 of the Code of Criminal Procedure (CrPC) does not have powers to order compensation to the accused, Supreme Court reiterated on 28 February 2025.

▪️ Caste Title: Union of India Thr. I.O Narcotics Control Bureau vs. Man Singh Verma

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#Motivation
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Good Morning 🌸🌼🌺

◾️ Rajasthan High Court Civil Judge Recruitment 2025

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▪️ HC to Uttarakhand: Are you open to suggestions & changes on UCC?

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#ImportantJudgement2025

◾️ Availability of Basic Toilet Facilities in Courts/Tribunals

▪️Judgment Name: Rajeeb Kalita vs. Union of India & Ors. (January 15, 2025)

▪️ Bench: Justice JB Pardiwala and Justice R Mahadevan

▪️ Articles and Acts Involved: {The Constitution of India, 1950- Articles 21 and 32}, {Transgender Persons (Protection of Rights) Act, 2019}, and {Universal Declaration of Human Rights, 1948}

▪️Judgment Brief and Decision: The SC observed, “Toilets/washrooms/restrooms are not merely a matter of convenience, but a basic necessity which is a facet of human rights. Access to proper sanitation is recognized as a fundamental right under Article 21 of the Constitution, which guarantees the right to life and personal liberty.”

👉 It directed, “The High Courts and the State Governments/UTs shall ensure the construction and availability of separate toilet facilities for males, females, PwD, and transgender persons in all Court premises and Tribunals across the Country.”

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