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Категория: Право


📲Contact —> @CurrentLegalGKBOT

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⏳🚀Enjoy_Learning

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




#Question@CurrentLegalGK

When a law is a law if date of enforcement not mentioned.

1. Passed By Houses.
2. Assented by Governor.
3. Published in Official Gazzette.

#Constitution






#Tip@CurrentLegalGK

Local laws are key to clear Prelims, if your foundational subjects are good go for local laws in last days.

For Himachal 😉


#Question@CurrentLegalGK

Explain "intended to take effect after or upon failure of such prior interest also fails"

1. Explain the difference between 2 terms after and failure.

2. Does the term failure only relates to failure by virtue of rules under section 13 and 14 or intention of tranferor as regards failure of not happening such event (no birth then to him her etc.) is too included in it.


Digital Personal Data Protection Act 2023.pdf
177.8Кб
🖥️📲 Digital Personal Data Protection Act 2023. @CurrentLegalGK

1. "She" Act [see section 13 of General Clauses Act, 1897]

2. It made inter alia Amendments in Information Technology Act, Right to Information Act as well as in Patent Act.

3. High Penalty eg. 250 crores [See Schedule] for 👇

4. Breach of The Data collected from yourself without your consent or consent but for another prupose or collected data even though irrelevant for processing, selling or using in unauthorised manner and Accidental Breaches included like hacking.

5. Draft Rules are out in 2025 which means soon it will be enforced.

6. A statutory way to protect Right to Privacy under Article 21.

7. Data Principle: Whose Data it is. — Data fiduciary: Who collected the Data — Significant Data fiduciary [based on Large quantity and quality of data]

8. Consent Giving and withdrawing is Important.

9. Right to be forgotten available ones withdrawn consent except if any law allows you to retain data.

10.
Jorawar singh mundy v. UoI, 2021




The Answer to Above Question lies straightforwardly in this case.

Repeal and savings:

Section 97 of FSSA, 2006 Act and section 358 are almost pari materia to each other.

The facts of the case involves an adulteration of food in 1989 and the trial went under 1954 act but later on 2006 new act replaced another came with a reduction of penalty with only fine and no imprisonment.

Arguments: Adv. Manu singhvi too relied on T barai v. henry ah hoe judgment

Issue: whether benefit of new act will be given?

Held: No

Ratio Paragraph ¶ 13:
Court held that in T barai case it was an amendment in that same act not a complete repeal and enactment.

Moreover there is as per section 6 of general clauses act and 97 of that 2006 act expressly saves the punishment under old law.

Same can be applied under IPC and BNS

One repealed another and all things done and continued unde rold law is saved by savings clause.

What about Rattan lal v. State of Punjab, probation of offenders act was a different subject law as well as a beneficial legislation.

What about section 479 BNSS? 1/2 half in CrPC and 1/3rd in BNSS?


Why benefit was given to undertrials in the landmark case of Re-Inhuman Conditions In 1382 Prisons v. Director General of Prisons and Correctional Services, 2024 even though we have section 531 BNSS which says pending trial (for undertrials) will be continued as if sanhita as not come into force.

#Discernible_Topics@CurrentLegalGK


Hindustan_Unilever_Limited_vs_The_State_Of_Madhya_Pradesh_2020.PDF
266.4Кб
Hindustan Unilever Limited vs The_State Of Madhya Pradesh 2020.PDF


Removal of 377 is a bane for Men, Women and LGBTQIA+ (for women in the form of unnantural and forceful marital sexual acts)

However a question is that if a person who is convicted for 377 (now not an offence) in 2025 for an act committed in 2023 whether he would not get any relief if we go by the Judgments under Article 20(1) of CoI.

See: https://t.me/CurrentLegalGK/3978

Question poocha hai answer kijiye 👇


Is the end game really near? What promotes naxalism and what policy measures are must for the region? Share your views




How Chhattisgarh HC extending marital rape exemption to Section 377 removes all recourse for women 🔗
#explained_law #express_explained #ipc_section_377




No Indian Cloud storages for police?

Financial burden, Time and space chaos.

And yes One more reason for corruption




On January 9, 1891, the Age of Consent Bill was introduced to amend Section 375 of the Indian Penal Code, 1860, and the Code of Criminal Procedure, 1882. Passed on March 29, 1891, the Age of Consent Bill established that sexual intercourse with a girl under 12 – even if she was the wife of the perpetrator – constituted rape, punishable by up to 10 years in prison. It was a landmark legislation in nineteenth-century British India.





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