𝕃𝔼𝔾𝔸𝕃 ℂ𝕌ℝℝ𝔼ℕ𝕋 𝔸𝔽𝔽𝔸𝕀ℝ𝕊 𝔹𝕪- ℕ𝕒𝕥𝕦𝕣𝕒𝕝 𝕁𝕦𝕤𝕥𝕚𝕔𝕖 ™


Гео и язык канала: Индия, Английский
Категория: Право


📲Contact—> @CurrentLegalGKBOT

👨‍⚖️ Setting Precedents
🧠For Daily Quiz
@LegalQuizzes
⏳🚀Enjoy_Learning

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Гео и язык канала
Индия, Английский
Категория
Право
Статистика
Фильтр публикаций




Article 21 & Right to travel Abroad is affected by the ranking of passport.

comment ✈️

@CurrentLegalGK




After 144 Years, the Mahakumbh with estimated pilgrims over 40 Crores to come at prayagraj.

Read the Background and the essence of what happens in the event.

Next will be around in the year 2168-69.

@CurrentLegalGK




Hand Book of Copyright Law
https://copyright.gov.in/documents/handbook.html

" This book is not a substitute for the Copyright Act and Rules. It is intended to serve as an information booklet for enforcement agencies as well as the general public."

@CurrentLegalGK






BNSS Section 173(2) : A copy of the information as recorded under sub-section (1) shall be given forthwith, free of cost, to the informant "or" the victim.

Free of Cost issue: If a copy is given to informant then whether it is necessary to give it to the victim as well

@CurrentLegalGK




Репост из: 𝕃𝔼𝔾𝔸𝕃 ℂ𝕌ℝℝ𝔼ℕ𝕋 𝔸𝔽𝔽𝔸𝕀ℝ𝕊 𝔹𝕪- ℕ𝕒𝕥𝕦𝕣𝕒𝕝 𝕁𝕦𝕤𝕥𝕚𝕔𝕖 ™
⏰➡️ Doctrine of Prospective overruling


📰 Origin-
🇺🇸 U.S.A. Supreme court in
Chevron Oil Company v. Huson, 1971
🇮🇳 Indian Supreme court-
Golaknath v. State of Punjab, 1967
(how 1971 judgment inspired 1967 judgment that I have not researched ask CJI)

✅ Meaning and Objective

“The doctrine of prospective overruling is applied when a constitutional court overrules a well-established precedent by declaring a new rule but limits its application to future situations. The underlying objective is to avert injustice or hardships.”

🏋️‍♀️ Golaknath Practical approach
CJI K Subba Rao noted that allowing a retrospective application of the decision would create chaos and upset the country's stability considering that many State agrarian laws were enforced by relying on the overruled precedents.


📝 Essential Rules— (V.IMP)
1. It can only be used for matters related to the Constitution.
💯 2. Only the Supreme Court can apply this doctrine.
3. The court can decide how far back in time the new ruling should apply.



📌 7 Object based on Precedent Analysis

1. Power derived from Article 142.
2. It is applied by this Court while overruling its earlier decision, which was otherwise final. It has also been applied when deciding on an issue for the first time.

3. The object is to validate all the actions taken before the date of declaration in the larger public interest. The doctrine does not validate an invalid law, but the declaration of invalidation takes effect from a future date
.

4. Cases that have attained finality are saved because doing otherwise would cause unnecessary and avoidable hardships.

5. It is applied to bring about a smooth transition of the operation of law without unduly affecting the rights of the people who acted upon the overruled law.

6. It is a device innovated to avoid:
(i) reopening settled issues,
(ii) refund of amounts collected under invalid legislation, and
(iii) multiplicity of proceedings.

7. It is applied to avoid social and economic disruptions and give sufficient time to the affected entities and institutions to make appropriate changes and adjustments.


Mineral Area Development Authority v. M/S Steel Authority Of India & ors, 2024

@CurrentLegalGK


At least we are following telangana High court's order of sleeping early and waking up early.

Are you with us then join the challenge and beat the last time winners.
https://t.me/CurrentLegalGK/4647








HINDI-CONSTITUTIONAL-PROVISIONS.pdf
98.2Кб
Hindi Language legal provisions in constitution official language act and 1960 presidential order

@CurrentLegalGK


🧠 #Question@CurrentLegalGK

What emphasis has been given to the status of Hindi Language under the Constitution of India.

{180 words}


Constitution of India Bare Act .pdf
18.4Мб
Constitution of India Bare Act .pdf


💰 DALIBEN VALJIBHAI v. PRAJAPATI KODARBHAI KACHRABHAI, 2025

While
dealing with dismissal of a suit, seeking cancellation of a sale deed, on the ground of limitation, the Supreme Court recently reiterated that the period of limitation in such cases begins from the date when knowledge of fraud (underlying the challenged sale deed) is acquired, and not the date of registration.



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