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📲Contact—> @CurrentLegalGKBOT
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⚖️ Landmark Judgments & Compilations
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⏳🚀Enjoy_Learning

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Категория
Право
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Фильтр публикаций


🧠 #Question

Can a Magistrate order House Arrest?


Will House Arrest be counted under 60/90 days of 167 CrPC Custody (187 BN
SS)?

Does the House arrest of the appellant amount to police custody or judicial cus
tody

Will Transit remand be counted under
167?

Whether superior courts can order Remand under 167


@CurrentLegalGK


🥳 #Tip

Must solve the recently 2024 conducted HJS (haryana) Mains Question Papers for Medium to high level or practice.

Suggestion by- Tarun Khatri (appeared for mains)

@CurrentLegalGK




#Question

Mention the Provisions/cases of CrPC/BNSS which deals with exceptions to the Principle of Natural Justice. Also explain the reason for it.

🌟 Natural justice consists of 3 broad principles—
1. Audi alteram partem
2. Nemo judex in causa dua
3. Reasoned decision.


@CurrentLegalGK


👨‍⚖️🌐 Furlough v. Parole
State of Gujarat v. Narayana, 2021...



Furlough and parole envisage a short-term temporary release from custody;

While parole is granted for the prisoner to meet a specific exigency, furlough may be granted after a stipulated number of years have been served without any reason;

The grant of furlough is to break the monotony of imprisonment and to enable the convict to maintain continuity with family life and integration with society;

Although furlough can be claimed without a reason, the prisoner does not have an absolute legal right to claim furlough;

The grant of furlough must be balanced against the public interest and can be refused to certain categories of prisoners


@CurrentLegalGK








🌅 #Quote

Justice without power is inefficient; power without justice is tyranny.... Justice and power must therefore be brought together, so that whatever is just may be powerful, and whatever is powerful may be just."

~Blaise Pascal


Use: Excessive use of power by police.

@CurrentLegalGK


⚡🙊 Section 162 Statement Bar Exceptions (Uses)—

145, 157, 32, 27 (when prosecution and defence can?)

Which section of BNSS and BSA?


@CurrentLegalGK




🤑 Factors to be considered for Alimony—

✍️ Case- Kiran Jyot Maini vs Anish Pramod Patel

These factors include but are not limited to:

i. Status of the parties, social and financial.

ii. Reasonable needs of the wife and dependent children.

iii. Qualifications and employment status of the parties.

iv. Independent income or assets owned by the parties.

v. Maintain standard of living as in the matrimonial home.

vi. Any employment sacrifices made for family responsibilities.

vii. Reasonable litigation costs for a non-working wife.

viii.Financial capacity of husband, his income, maintenance obligations, and liabilities.

{Note: Status of parties significant factor}


-------------------------------
💸💴 For maintenance—
⚡ Case- Rajnesh v. neeha, 2020

1. Maintenance of minor children
2. Serious disability or Ill health
3. Where wife is earning some income
4. Age and employment of parties.
5. Right to residence.
6. Cited— Delhi High Court in Bharat Hedge v Smt. Saroj Hegde, 2007 👇

“1. Status of the parties.
2. Reasonable wants of the claimant.
3.The independent income and property of the claimant.
4. The number of persons, the non-applicant has to maintain.
5. The amount should aid the applicant to live in a similar lifestyle as he/she enjoyed in the matrimonial home.
6. Non-applicant’s liabilities, if any.
7. Provisions for food, clothing, shelter, education, medical attendance and treatment etc. of the applicant.
8. Payment capacity of the non-applicant.
9. Some guess work is not ruled out while estimating the income of the non-applicant when all the sources or correct sources are not disclosed.
10. The non-applicant to defray the cost of litigation.
11. The amount awarded u/s 125 Cr.PC is adjustable against the
amount awarded u/ 24 of the Act.


--------------------------------

Irretrievable Breakdown Factors

🌟 Case Shilpa Sailesh v. Varun Sreenivasan., 2023

1. The factors encompassed a period of cohabitation after marriage
2. The nature and gravity of allegations made by the parties.
3. Orders passed in previous or pending legal proceedings
4. Attempts at reconciliation or settlement and their outcomes.
5. Period of separation and other similar considerations
.

Alimony, maintenance and irretrievable breakdown of marriage factors


@CurrentLegalGK




👨‍⚖️ The Issue of Experience—

Do you guys really think experience is necessary?


Can 70% of MPCJ justify experience?


Should we not make changes in the legal education system also?


CJI goes to NLU why not to local government college?


No question raised by SC judges (suo moto) on major errors in conducting exams by HCs and PSCs


Why not to Increase the Level of Training? In that way fresh talent + good experience with little stipend


Whether practice of 2-3 years will give him experience?


Are there any other ways? Like to change the pattern of examination?


Any international practice that can be adopted?


💬 Comment Your Concrete & neutral views

@CurrentLegalGK




🌟 What to be read and how to be used—

Judgment writing sections

@CurrentLegalGK


🌟 Non- NDA States will do this.
Current Eg. West bengal & Tamil Nadu

Though they cannot contradict central made law because criminal law is a part of concurrent list.

It is good if they make better changes and make provisions more sound and clear.

@CurrentLegalGK






🧠 #MCQ by @CurrentLegalGK

Mr. A approached the Writ Court for Setting Aside the auction sale of his property on the ground that the executive authority had sold his property in violation of law. However, the Writ Court dismissed the petition on the ground that the conditions of Order 21 Rule 90 for setting aside a sale were not fulfilled by Mr. A. Decide.

a. Writ Court has rightly dismissed the petition as the conditions of Order 21 Rule 90 CPC ought to have been fulfilled by Mr. A.

b. Writ Court cannot ask Mr. A to fulfill conditions of Order 21 Rule 90 CPC for setting aside an illegal sale made in violation of law.

c. Order 21 Rule 90 CPC does not apply to writ court.

d. Both (b) and (c
)

@CurrentLegalGK

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