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Law Wire: Official Channel ⚖️💻📱🇮🇳 pinned «☀️ A very Happy New Year 2025 to all ! 🌕 At Law Wire, we sincerely wish you a New Year filled with success and growth. May all your aspirations come to life, and may the lessons from the past year pave the way for achieving your goals. Here's to a prosperous…»

☀️ A very Happy New Year 2025 to all !

🌕 At Law Wire, we sincerely wish you a New Year filled with success and growth. May all your aspirations come to life, and may the lessons from the past year pave the way for achieving your goals. Here's to a prosperous and rewarding year ahead!

🌈 Regards ,
@lawwire

💥High Court should assess whether the prosecution has established its case beyond reasonable doubt

✨Case Name - Amar Sardar v. The State of West Bengal 2024 INSC 1040

📃Brief Facts
- Appellant convicted under Section(s) 354, 376 and 511 of the Indian Penal Code, 1860 by the Fast Track Court
- The Calcutta High Court affirmed the said judgment of the Fast Track Court

🧵Supreme Court interferes
- While setting aside the impugned judgment by the Calcutta High Court, the Apex Court reiterated the trite and well established law regarding the duty of a High Court
- The Supreme Court held that the impugned judgment is erroneous for lacking reason and also for not assessing the evidence at hand independently

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P.S. - Regular quizzes will be launched soon !

📌Marriage has irretrievably broken down - Supreme Court upholds Madras High Court’s decision

🔗Case Name - Amutha v. A.R. Subramaniam 2024 INSC 1033

✍🏻“…Forcing a marriage to continue when it has become a source of unhappiness and conflict undermines the very purpose of the institution of marriage.….”

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☝🏻Reason why economic offences are to be taken seriously

🔗Case Name - Anil Bhavarlal Jain & Anr. v. The State of Maharashtra 2024 INSC 1039

📍{{Case highlighted - State v. R. Vasanthi Stanley 2015 SCC OnLine SC 815}}

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💥Abetment of Suicide

📝Case Name - Prakash and Ors. v. The State of Maharashtra and Anr. 2024 INSC 1020

🧵Brief Facts
- Matrimonial dispute between wife (deceased) and husband (appellant no.1) and her in-laws
- Wife started living separately after 4 years of marriage
- No compromise reached at Mahalokadalat held on 17/2/2014-15 (disputed)
- Deceased committed suicide on 20/03/2015
- Both the Trial and the High Court refused the appellants plea to discharge them of charges of abetment of suicide

☕️ Supreme Court reverses concurrent findings
- Held :
(a) the act of instigation must be of such intensity and in such close proximity that it intends to push the deceased to such a position under which the person has no
choice but to commit suicide
(b) Presence of mens rea, therefore, is the necessary concomitant of instigation

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💥"Gift" under Mohammedan Law

📝Case Name - Mansoor Saheb (Dead) & Ors. v. Salima (Dead) Thr Lrs. & Ors. 2024 INSC 1006

☕️Conditions to make a valid gift under Mohammedan law:

(a) The donor should be sane and major and must be the owner of the property
which he is gifting.
(b) The thing gifted should be in existence at the time of hiba.
(c) If the thing gifted is divisible, it should be separated and made distinct.
(d) The thing gifted should be such property to benefit from which is lawful
under the Shariat.
(e) The thing gifted should not be accompanied by things not gifted i.e. should
be free from things which have not been gifted.
(f) The thing gifted should come in the possession of the donee himself, or of
his representative, guardian or executor.

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💥Condonation of Delay : Principles/Aim Summarized

✨Case Name - State of Madhya Pradesh v. Ramkumar Choudhary 2024 INSC 932

☕️ Brief Facts
- The Madhya Pradesh High Court refused to condone a delay of 5 years 10 months and 16 days in a Second Appeal preferred by the State against the respondent in a leasehold matter
- The Trial Court had dismissed the suit preferred by the respondent but the first appellate court reversed the findings of the trial court
- The Hon'ble Supreme Court dismissed the present SLP and came heavily down upon the State for its lazy approach

🔗On condonation of delay
- "sufficient cause" needs to be proved
- courts need not go into the merits of the case while dealing with condonation of delay application

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📌If witnesses are interested/relatives, can their testimony be discarded on this sole ground?

Short Answer- No.
Case Name - Hare Ram Yadav v. State of Bihar 2024 INSC 936

☕️ Brief Facts
- Appellant appealed against the decision of the High Court of Patna which upheld the decision of the Trial Court wherein the appellant/accused was found guilty under Section 302 of the Indian Penal Code, 1860
- Dispute arose between the appellant who was the tenant and one of his bricks was found missing out of his pile of bricks
- In the spur of the moment, the appellant stabbed the deceased with a knife

💥 Held
- Appellant's sentence was reduced by the Hon'ble Supreme Court as it was found not to be a premeditated attack
- Further, it was observed that since the appellant had already undergone almost 9 years incarceration, he was released forthwith.

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💥 A bench of Justices Surya Kant and Ujjal Bhuyan slammed the UP Police and said that they appeared to be "enjoying power" and lacked sensitivity in handling the case.

ℹ️ The bench questioned the role of senior police officials in the case, asking, "What is your Director General of Police (DGP) doing? If you do not register the case, we will pass an order you will remember."

@lawwire

💥Section 183 of BNSS or Section 164 of the Criminal Procedure Code (CrPC)

⚖️Section 183 outlines a meticulous procedure that a competent Judicial Magistrate must adhere to when recording confessions and statements in the course of investigations.


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Law Wire: Official Channel ⚖️💻📱🇮🇳 pinned «📌Article 226 : Principles ( Most Important ) ✅Case Name - Radha Krishan Industries v. State of Himachal Pradesh (2021) 6 SCC 771 ➡️The power under Article 226 of the Constitution to issue writs can be exercised not only for the enforcement of fundamental…»

📌Article 226 : Principles ( Most Important )

✅Case Name - Radha Krishan Industries v. State of Himachal Pradesh (2021) 6 SCC 771

➡️The power under Article 226 of the Constitution to issue writs can be exercised not only for the enforcement of fundamental rights, but for "any other purpose" as well.

➡️ The High Court has the discretion not to entertain a writ petition where an "effective alternate remedy" is available to the aggrieved person.

➡️ Exceptions to the rule of alternate remedy arise where (a) the writ petition has been filed for the enforcement of a fundamental right (b) there has been a violation of the principles of natural justice (c) the order or proceedings are wholly without jurisdiction or (d) the vires of a legislation is challenged;

➡️ An alternate remedy by itself does not divest the High Court of its powers under Article 226 of the Constitution in an appropriate case though ordinarily, a writ petition should not be entertained when an efficacious alternate remedy is provided by law.

➡️ When a right is created by a statute resort must be had to that particular statutory remedy before invoking the discretionary remedy under Article 226 of the Constitution. This rule of exhaustion of statutory remedies is a rule of policy, convenience and discretion.

➡️ In cases where there are disputed questions of fact, the High Court may decide to decline jurisdiction in a writ petition. However, this also is discretionary.

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Law Wire: Official Channel ⚖️💻📱🇮🇳 pinned «🔔"Their should be a minimum remuneration standard for young/junior lawyers" - CJI Khanna 💫Watch Here @ https://www.instagram.com/reel/DCuGoSeyzy3/?igsh=Mjk0NnZnd2o3Zmg5»

🔔"Their should be a minimum remuneration standard for young/junior lawyers" - CJI Khanna

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📌Ques. Can a lawyer be blamed for inordinate and long delay in filing a proceeding?

Ans - No.

✨Case Name - Rajneesh Kumar & Anr. v. Ved Prakash 2024 INSC 891

🧵Brief pointers
- Petitioners herein filed an appeal against restoration of a suit after a lapse of 534 days
- The petitioners blamed their lawyer engaged in the trial proceedings for being nonchalant and careless
- The Hon'ble Supreme Court rejected their petition while placing reliance on the well established precedent of Salil Dutta v. T.M. & M.C. Private Ltd. (1993) 2 SCC 185

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📌Quashing of a criminal proceedings or the First Information Report (FIR)

🔗 Main Pointers to Remember
- Quashing of an FIR is DISTINCT from compounding of offences
- Inherent power of the High Court, though wide, have to be used with caution:
(a) to secure ends of justice
(b) to prevent abuse of the process of any court

📝 Landmark Judgment
- Gian Singh Vs. State of Punjab [(2012)
10 SCC 303]

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Law Wire: Official Channel ⚖️💻📱🇮🇳 pinned «✅ What is Rule of Law? 🎯 Case Name - Bilkis Yakub Rasool v. Union of India & Others [2024] 1 S.C.R. 743 ➡️ "...Rule of law means wherever and whenever the State fails to perform its duties, the Court would step in to ensure that the Rule of law prevails…»

✅ What is Rule of Law?

🎯 Case Name - Bilkis Yakub Rasool v. Union of India & Others [2024] 1 S.C.R. 743

➡️ "...Rule of law means wherever and whenever the State fails to perform its duties, the Court would step in to ensure that the Rule of law prevails over the abuse of the process of law. Such abuse may result from, inter alia,
inaction or even arbitrary action of protecting the true offenders or failure by different authorities in discharging statutory or other obligations in consonance with the procedural and penal statutes. Breach of the Rule of law, amounts to negation of equality
under Article 14 of the Constitution..."

@lawwire

🤔Does consideration have to be in monetary terms only?

🧵Case Name - Ramchandra Reddy (D) Thr. Lrs. & Ors. v. Ramulu Ammal (D) Thr. Lrs. 2024 INSC 868

✨Consideration - Meaning ( CCE v. Fiat India (P) Ltd. (2012) 9 SCC 332 )

"...Consideration means something which is of value in the eye of the law, moving from the plaintiff, either of benefit to the plaintiff or of detriment to the defendant. In other words, it may consist either in some right, interest, profit or benefit accruing to the one party, or some forbearance, detriment, loss or responsibility, given, suffered or undertaken by the other, as observed in Currie v. Misa [Currie v. Misa, (1875) LR 10 Exch 153].."

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📌 Law on Rash & Negligent Driving

🎯 Statutes concerned :
1). The Motor Vehicles Act, 1988
2). The Bharatiya Nyaya Sanhita, 2023

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📌Pre- Arrest Bail Conditions

🔗Case Name - Sudeep Chatterjee v. State of Bihar (2024) 9 SCC 88

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Case Name - In Re: Directions in Demolition of Structures 2024 INSC 866

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BREAKING | Justice Sanjiv Khanna Sworn In As 51st Chief Justice of India, Succeeding Justice DY Chandrachud.

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🚨 Big News from the Bar Council of India!

⚖️ Between 2019 and October 2024, the BCI has removed the names of 107 fake advocates in Delhi as part of a drive to uphold integrity and professionalism in the legal field

📝 Thousands more were disqualified due to fake certificates, forged documents, and misrepresentation during enrolment.

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Law Wire: Official Channel ⚖️💻📱🇮🇳 pinned «📌In contempt cases, there cannot be a justification and an apology : Supreme Court 📝 INDIAN MEDICAL ASSOCIATION AND ANOTHER Versus UNION OF INDIA AND OTHERS 2024 INSC 605 🧵 Contempt of Court Act 1) Article 129 of the Constitution declares the Supreme Court…»

📌In contempt cases, there cannot be a justification and an apology : Supreme Court

📝 INDIAN MEDICAL ASSOCIATION AND ANOTHER Versus UNION OF INDIA AND OTHERS 2024 INSC 605

🧵 Contempt of Court Act

1) Article 129 of the Constitution declares the Supreme Court to be “a court of record” and states that it shall have all the powers of such a court including the power to punish for contempt of itself.
2) The provisions of Contempt of Courts Act, 1971 form a part of a special statutory jurisdiction that is vested in courts to punish an offending party.
3) Contempt Proceedings are sui generis inasmuch as the Law of Evidence and the Code of Criminal Procedure, 1973 are strictly inapplicable.

✍🏻 Purpose of Contempt Proceedings
1) vindication of the public interest by punishment of contemptuous conduct
(2) coercion to compel the contemner to do what the law requires of him


🔎 Standard of Proof

1). Proceeding under the Contempt of Courts Act is quasi-criminal, and as such, the standard of proof required is that of a criminal proceeding and the breach shall have to be established "beyond all reasonable doubt.”


🗣 Civil Contempt - Ingredients

1) Definition given under Section 2(b) of the Act of 1971.
2) There must be a judgement, decree, direction, order, writ or other process of a Court.
3) There must be disobedience of such a judgement, decree, direction, order, writ or other process of a Court.
4) Such a disobedience to a judgement, decree, direction, order, writ or other process of a Court must be wilful.

🔗 @lawwire

📌 Husband’s Duty to provide Maintenance

✅ Case Name - Anju Garg v. Deepak Kumar Garg, 2022 SCC OnLine SC 1314

✨ "It is the sacrosanct duty of the husband to provide financial support to the wife and to the minor children. The husband is required to earn money even by physical labour, if he is an able-bodied, and could not avoid his obligation, except on the legally permissible grounds mentioned in the statute."

💯 @lawwire

The petitioner in the famous Right to Privacy judgment and a former Karnataka HC judge passes away.

Law Wire: Official Channel ⚖️💻📱🇮🇳 pinned «📌Standard of Proof - Civil v. Criminal ✅ There is a strong and marked difference as to the effect of evidence in civil and criminal proceedings. In the former a mere preponderance of probability, due regard being had to the burden of proof, is a sufficient…»

📌Standard of Proof - Civil v. Criminal

✅ There is a strong and marked difference as to the effect of evidence in civil and criminal proceedings. In the former a mere preponderance of probability, due regard being had to the burden of proof, is a sufficient basis of decision: but in the latter, especially when the offence charged amounts to treason or felony, a much higher degree of assurance is required.

✅ "It is true that by our law there is a higher standard of proof in criminal cases then in civil cases, but this is subject to the qualification that there is no absolute standard in either case. In criminal cases the charge must be proved beyond reasonable doubt, but there may be degrees of proof within that standard. So also in civil cases there may be degrees of probability."

✅ "Just as in civil cases the balance of probability may be more readily fitted in one case than in another, so in criminal cases proof beyond reasonable doubt may more readily be attained in some cases than in others."

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📌What is Secularism ?

💥Case Name - St. Xavier's College v. State of Gujarat AIR 1974 SC 1389

📝 There is no mysticism in the secular character of the State. Secularism is neither anti-God nor pro-God, it treats alike the devout, the antagonistic and the atheist. It eliminates God from the matters of the State and ensures that no one shall be discriminated against on the ground of religion.

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Law Wire: Official Channel ⚖️💻📱🇮🇳 pinned «📝 Compounding of Offences 🔸 In this video : 1). Compounding of Criminal offences under Section 359 of BNSS, 2023 2). Reference to Section 138 of NI Act, 1881 ✅ Make sure to follow us and join our 100k community @ https://www.instagram.com/reel/DBmLphP…»

📝 Compounding of Offences

🔸 In this video :
1). Compounding of Criminal offences under Section 359 of BNSS, 2023
2). Reference to Section 138 of NI Act, 1881


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📌Panchsheel Principles - Criminal Law

✨Case Name - Uma & Anr. v. The State Rep. By The Deputy Superintendent Of Police 2024 INSC 809

✅"Insofar as the facts so established should be consistent only with the hypothesis of the guilt of the accused, and the circumstances should be of a conclusive nature and tendency; they should exclude every possible hypothesis except the one to be proved; there must be a chain of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused"

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📌AIBE XIX - Rescheduled

➡️ Online Registration for AIBE-XIX closes on: November 15th, 2024

➡️ Last Date of Payments through online mode for AIBE-XIX: November 18th, 2024

➡️ Last date of correction in Registration Form: November 22nd, 2024

➡️ Period of online release of Admit Cards for Candidates: December 15th, 2024

➡️ Date of Examination: December 22nd, 2024

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In Saroj v. IFFCO TOKIO General Insurance Co., the Supreme Court affirmed that while Aadhaar is valid for establishing identity, it cannot be used as proof of date of birth

📝Justice delayed is justice denied!

🕰️The credibility of the judicial system depends on timely disposal of cases .
Delays can shake the faith of the people in the judiciary, and now more than ever, the system must strive to uphold the Rule of Law !

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Law Wire: Official Channel ⚖️💻📱🇮🇳 pinned «📌"To Live is to Live with dignity" II Article 21 of the Constitution II Landmark Cases 1). Francis Coralie Mullin v. Administrator, Union Territory of Delhi, (1981) 1 SCC 608 -   - Right to life enshrined in Article 21 “cannot be restricted to mere animal…»

📌"To Live is to Live with dignity" II Article 21 of the Constitution II Landmark Cases

1). Francis Coralie Mullin v. Administrator, Union Territory of Delhi, (1981) 1 SCC 608 -  

- Right to life enshrined in Article 21 “cannot be restricted to mere animal existence” and “means something much more than just physical survival”
- Article 21 implicitly contains in it  “the right to protection against torture or cruel, inhuman or degrading treatment”

2). Bandhua Mukti Morcha v. Union of India, (1984) 3 SCC 161 - Right to life enshrined in Article 21 truly means the right to live with dignity.

3). K.S. Puttaswamy v. Union of India, (2017) 10 SCC 1 - Dignity forms a part of the basic structure of the Constitution.
- The “references” to dignity are “found in the guarantee against arbitrariness (Article 14), the lamps of freedom (Article 19) and in the right to life and personal liberty (Article 21).” Thus, dignity is the “core” which “unites the fundamental rights because the fundamental rights seek to achieve for each individual the dignity of existence”.

4). Jeeja Ghosh v. Union of India, (2016) 7 SCC 761 - Human dignity is a constitutional value and a constitutional goal.

5). M. Nagaraj v. Union of India, (2006) 8 SCC 212 - "To Live is to Live with dignity"

6).National Legal Services Authority v. Union of India, (2014) 5 SCC 438-  Tthere is a growing recognition that the true measure of development of a nation is not economic growth; it is human dignity.

7). X2 v. State (NCT of Delhi), (2023) 9 SCC 433- the right to dignity “encapsulates the right of every individual to be treated as a selfgoverning entity having intrinsic value”.

8). Sukanya Shantha v. Union of India & Ors. 2024 INSC 753- The right to live with dignity extends even to the incarcerated. Not providing dignity to prisoners is a relic of the colonizers and pre-colonial mechanisms, where oppressive systems were designed to dehumanize and degrade those under the control of the State.

9). Kishore Singh Ravinder Dev v. State of Rajasthan (1981) 1 SCC 503- Physical torture on the undertrial prisoner is a violation of Article

10). X v. State of Maharashtra (2019) 7 SCC 1 -"Right to dignity of an accused does not dry out with the Judges’ ink, rather, it subsists well beyond the prison gates and operates until his last breath”.


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