Law Wire: Official Channel ⚖️💻📱🇮🇳 @lawwire Channel on Telegram

Law Wire: Official Channel ⚖️💻📱🇮🇳

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Law Wire: Official Channel ⚖️💻📱🇮🇳

21 Nov, 03:13

📌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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18 Nov, 04:50

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…»
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Law Wire: Official Channel ⚖️💻📱🇮🇳

18 Nov, 04:50

✅ 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
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Law Wire: Official Channel ⚖️💻📱🇮🇳

18 Nov, 04:30

🤔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 Wire: Official Channel ⚖️💻📱🇮🇳

17 Nov, 11:03

📌 Law on Rash & Negligent Driving

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

🔸 Click on this link to learn more @ https://www.instagram.com/p/DCeANIqv-pi/?igsh=MWQzZmQ0dXZiYnluaQ==
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Law Wire: Official Channel ⚖️💻📱🇮🇳

14 Nov, 04:36

📌Pre- Arrest Bail Conditions

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

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14 Nov, 04:26

Case Name - In Re: Directions in Demolition of Structures 2024 INSC 866
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13 Nov, 04:12

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11 Nov, 04:43

BREAKING | Justice Sanjiv Khanna Sworn In As 51st Chief Justice of India, Succeeding Justice DY Chandrachud.
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08 Nov, 15:49

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29 Oct, 04:42

🚨 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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29 Oct, 04:35

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…»
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Law Wire: Official Channel ⚖️💻📱🇮🇳

29 Oct, 04:35

📌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.

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