Caste

 

Cases 

1. Sunita Singh Vs State of UP [ AIR (2018) SC 566 ]
2. Kerala Pattikajathi Samrakshana Samithi & Anr Vs State of Keralal [ 1995 KHC 537]

Important points

1. Adoption, marriage & conversion of faith of an individual from one caste to another as permitted by law have no relevance for the purpose of claiming the benefits of reservation under A16(4) of Constitution.

Fundamental Duties

 

What are the Fundamental Duties?

1. Chapter IV - Article 51A of Constitution - fundamental duties are enshrined 
1. Original committee suggested
1. To respect the constitution of our country
2. To uphold the sovereignty and maintain unity and integrity of the nation
3. to respect the democratic institutions
4. to protect our country and provide national service when asked to do so
5. affirm communal-ism in any from
6. To promote the common good of people and cooperate in the implementation of DPSP
7. to safeguard pubic property
8. pay taxes according to rules and regulations.
2. 11 FD
1. Follow our constitution and should respect national flag and anthem
2. follow ideals of national freedom struggle
3. protect the sovereignty and integrity of our country
4. Protect our nation and provide national service when required
5. should have the spirit of common brother hood
6. Preserver the culture of our country
7. Protect the environment of our country
8. Generate scientific rationale for every throught
9. to protect public property
10. strive for excellence
11. it is duty of every parent to send their children b/w 6-14 y to school

Where were they introduced?

1. 42 amendment - 1976 - 10 FD

Was there any subsequent amendment to FD?

1. 11th FD was added by 86th amendment in 2002

Countries with FD?

1. Idea of FD derived from constitution of Russia ( then USSR )
2. Vietnam - A43-45
3. Netherlands - A194
4. Discussed in declaration of Human Rights 
5. Internation covenant of civil and political rights

Are FD justifiably?

1. in Hon'ble Shir Ranganath Mishra Vs UoI  court had issued directions to center to consider steps for implementation of JS Verma Committees recommendations on generating awarness and consciousness of citizens towards their fundamental rights.

JS Verma Committee Recommendation

AG - K Venugopal

1. Information on implementation of FD is available on Website of Department of law and Justice
2. Courts cannot direct the Parliament to formulate a law
3. see it here

PIL's on FD?

1. Enforcement of FD - Durga Dutt Vs UoI
1. PIL - sought direction to Central & State Govt to make comprehensive laws to ensure adherence to A51A
2. Why has need to implement FD arisen?
1. New illegal trend of protests by protesters in the grab of freedom of speech and expression by way of blocking roads and rail route to compel the govt to meet their demands

Cases

1. Hon'ble Shir Ranganath Mishra Vs UoI - link

Sources

1. Fundamental Duties : A51-A Under Indian Constittion

Judge bashing

 

Case

1. Haridas Das Vs Usha Rani banik & Ors (2007) 14 SCC 1
1. Judge bashing is not and cannot be a substitue for constructive criticism
2. In Re: S. Mulgoakar (1978) 3 SCC 339
1. Lowering respect of judiciary and destroy public confidence cannot be ignored.

Remove content from Internet

 

Intermediaries 

1. Block the content which are abusive and offensive 

EWS - Economically Weaker Sections

 

EWS 

1. Quantum of Reservation ( Source : link )
1. EWS who are NOT covered under scheme of reservation of SCs, STs & OBC
2. Shall get 10% reservation in direct recruitment
3. in civil posts and services in the GoI
2. Exemption from Reservation 
1. Scientific and Technical posts
1. Posts above Group A
2. Should be classified as scientific or techincal by Cabinet secretrait
3. Criteria of Income & Assets
1. Whose family has GROSS ANNUAL INCOME below 8 Lakh are to be identified as EWS for benefit of reservation.
2. Annual income shall include from all sources 
1. Salary, agriculture, business, profession etc for the financial year prior to year of application. 
3. Person whose family own / possesses following are are excluded
1. 5+ acre of agricultural land 
2. Residential flat of 1000sq ft and above
3. Residential plot of 100sq yards and above in notified municipalities
4. Residential plot of 200 sq yards and above in other than notified municipalities
5. Property held by family in different location / different places would be clubbed while applying the land or property holding test to determining EWS status.
4. Family - parents, siblings below < 18y and also spouse and chldren age < 18y
4. Income and Asset certificate issuing authority
1. DM/ ADM/ Collector/ Deputy Commissioner/ Tahsildar
5. Appointing authorities
1. appointment is provisional and subject to income and asset certifacte being verified through proper channel 
2. if verification reveals claim to belong EWS is fake/false the service will be terminated forthwith without assigning any further reasons and without prejuice to such further action 
6. EWS is a policy matter, courts are entitled to know the reasons adopted for arriving at a policy decision to determine its constitutionality. 
7. Concerned Ministry : Ministry of social welfare and Department of personnel and training. 
8. Sinho commission report 
9. As per A 15(6) and 16(6) the state Govt notify the criteria for EWS
10. 103rd Constitution amendment - u/s A15 & 16 says that economically weaker sections - Shall be such as may be notified by the state from time to time on basis of family income and other indicators of economic disadvantages. 

Courts

1. EWS - criteria of annual income of Rs 8L for determining the eligibility for economic weaker sections. in NEET all India Quota
1. WP (Civil) 961/ 2021
2. 8L criteria is for creamy layer for OBC, how the same criteria can be adopted for OBC and EWS categories, where latter has no social and educational backwardness.
3. what is the demographic or sociological or socio-economic data
4. making unequals equal by applying the Rs8L limit

Case 

1. Neli Aurelio Nunes Vs UoI
2.  Ashoka Kumar Thakur v. Union of India & Ors.
3. M.R. Balaji & Ors. v. State of Mysore  (1963) Supp. 1 SCR 439
1. 50% ceiling on reservation was first laid in here
4. Indra Sawhney
1. approvied 50% ceiling on reservation
5.  M. Nagaraj & Ors. V. Union of India & Ors
6. f I.R. Coelho (Dead) by LRs. v. State of Tamil Nadu
7.  Jarnail Singh & Ors. v. Lachhmi Narain Gupta & Ors
8. Society for Unaided Private Schools of Rajasthan v. Union of India & Anr

Notification

1. 103rd Constitution amendment - 12th January 2019 
2. No 36039/1/2019 - 31st January 2019 - Estt (res) - Ministry of Personnel, Public Grievances & Pensions - department of Personnel & Training - Reservation of EWS in direct recruitment in civil post and services in the GoI - link

Questions

1. OBC - creamy layer - economic criteria - 8L 

Temple lands

 

Issues

1. Encroachment of land belonging to Temple 
2. Leasing out of temple lands

Resolution

1. Land belonging to temples are preserved 
2. encroached land should be recovered.

Bhaktavatsala Perumal Temple ( Tirukannamagi in Tiruvarur )

1. WP No 15911 of 2021 - Madras High Court.
2. 400 acres of land encroached
3. Law refereed : Hindu Religious and charitable Endowments Act 1959 - link
4. Important points
1. Why not contempt to be filed against such a person inter alia, for the disrespect shown to the court in the manner in which affidavit had been drafted and for dereliction of duty in not paying attention to any detail .
2. Leasing out temple lands to any tenant and what part of temple land has been let out and what part encroached.

Endangered Communities

 

Endangered Communities

1. Karbong - Tripura

Legal Provision

1. Karbong 
1. Tripura HC - suo motu cognizance of a news report highlighting the plight of karbong  community - on verge of extinction on account of poor socio-economic conditions
1. Directed - Advocate general of state as well as assistant solicitor general of UoI - to make assessment of area and needs of the community - report by 9th of November 2021
2. ONGC - CSR  initiative activities in Karbong community - file affidavit
2. History & Details
1. Sub-tribe of Halam community in Tripura, once guest of rulers of erstwhile kingdom
1. Sub tribe inspite of having a language distinctly different from all other tribes - Indian census does not count them separately.
2. UNESCO classification of languages - language spoken less than 10k people is considered potentially endangered.
2. 250 - odd people - West Tripura and dhalai district
3. Harihar Debnath - an expert on the sub-tribe
4. Autonomous district council -1989 - started primary school which started to function in 1993
5. Population is reduced - inter tribal marriage, poverty & lack of proper education.
6. They profess - Hinduism

UPSC

 

Case Law

1. Prakash Singh Vs Union of India
1. UPSC should, as far as possible, consider only those officers for such appointment who have two years of service left

Compensation

 

Examples

1. Women was mercilessly subjected to violent sexual abuse.

NDPS - Narcotics Drug Psychotropic Substance

 

Objective 

1. 
   

Challenges

1. Innovative methods used for Traffickers 

Techniques of transportation of Drugs

1. Droplet on the paper and once absorbed, it became one with the paper fibres
2. it was consumed as a whole with the carrier agent. 

Bail 

1. Bail rejected 
1. accused possessing commercial quantity of Drug - acted as catalyst to spoil the younger generation ( kerry Mendes Vs Union of India )
2. Arguments against Bail
1. Traffickers have least regard to health & life of person
2. Only with a view to their betterment 
3. Narcotic drug - root cause of many evils that are perpetrated by person under influence 
4. Impact over generations
5. Stringent measures to deal with trafficking of such substances and stringent punishment are also envisaged for any infraction.
6. Age of accused is immaterial when involved in patent from the record of serious offences.
7. Every possibility of misusing the liberty, pressurising the prosecution witness and absconding by frustrating objective of trail

Questions 

1. what is Commercial Quantity?
1. Rigors of Section 37 of NDPS apply 

CRED

 

CRED 

1. Founder : Kunal Shah 
2. Spoof on CRED

Features

1. Simple and clean way of consolidating all credit card bills
1. UPI based - few click payment
2. CRED Points
1. 1point for 1Re - cred card payment
3. CRED Loans - 14.5% ( 1.2 % per month ) 
4. CRED mint - park your liquid money and get 9% ( best effort ) powered by P2P lending 
1. Criticism
1. It looks like MLM ( Multi level Marketing ) 
2. Cheap Chit fund
2. Alternative P2P lending platforms
1. Lenden Club
5. Access to 2 Credit bureaus - 
1. Experian
2. Crif Score
6. CRED
1. Payment of monthly RENT
2. Education Loan

UTILITY

1. Not good ROI - your data ( Payment, purchase, type of cards, credit limits, Credit scores ) for simple, clean, reminding UI - Coins are crumbs on the table for successfully mining of financial data.
1. Alternatives 
1. Having standing instruction in the Bank account
2. Some bank accounts also provide points
3. Some apps like Amazon, Paytm provide payment and reminder options

Important

1. CRED knows your spending patterns
2. It gives some discounts 
3. Common issues
1. Accumulated CRED points accumulated 
1. use the to get CASH Back 
2. pay for O2 during Covid Crisis
3. Buy Raffel tickets - for Iphone or something like that
4. Not great offers till now 
5. Initially Swiggy , Zomato offers
2. 
   
4. DEACTIVATE CRED Account
1. in app customer support - deactivate 

Rules

1. Rule of Tender age 
1. Section 6 of HAMA 1956 - father is first natural guardian followed by mother, in case child below 5y, the custody shall ordinarily with mother
2. Rule of Lenity
1. Ambiguity must be decided in favour of the accused. - Principle of statutory construction 

CPC - Order IX Rule 13

 

Important Points

1. Defendant refused to accept summons issued in the suit.
2. After the suit was decreed ex-parte, execution proceedings were initiated.
3. Sub-Rule (5) of Order V Rule 9 of CPC - states inter alia that if defendant or his agent had refused to take delivery of the postal article containing the summons, the court issuing the summons shall declare that the summons had been duly served on the defendant.
4. Section 27 of General Clauses Act, 1897 gives rise to a presumption that service of notice has been effected when it is sent to the correct address by registered post.

Case Law

1. Alavi Haji Vs palapetty Muhammed AIR 2007 SC (Supp) 1705
1. if notice is sent by registered post and is returned with a postal endorsement "refused" or "not available in the house" or "house locked" or "shop closed" or "addressee not in-station" due service has to be presumed.
2. Jagdish Singh Vs natthu Singh 
3. state of MP Vs Hiralal
4. V Raja Kumari vs P.Subbaram Naidu

Upper Age limit - Appointment to Public Post

 

Important Points

1. SC has held that provision relating to upper age limit should be construed as mandatory and not directory.
1. Making them directory would mean that the authority is given unbridled power in giving relaxations to person of their choice.
2. That is impermissible as per the constitutional scheme, as the appointment to the public post must be accordance with A14 and A16
3. there should not be scope of arbitrary selection by unfettered discretion being vested in the authorities.
2. Eligibility criteria should be uniform and there cannot be scope of arbitrary selection by unfettered discretion vested with authorities.

Article 142 of Constitution of India

 

Statue

Important Points

1. Plenary Jurisdiction of SC to impart complete justice under A142 
2. A142 cannot ipso facto be limited or restricted by ordinary statutory provisions
3. In absence of an express provision akin to section 482 CrPc conferring powers on SC to abrogate and set aside criminal proceedings, the jurisdiction exercisable u/s A142 of constitution embraces this court with Scorpius power to quash criminal proceedings also, so as to secure complete justice.
4. Overarching objective of sentencing in the criminal justice system
1. sublime philosophy of maintenance of peace of the collective and that the rationale of placing individual behind bars is aimed at his reformation.
5. Powers u/s 142 which have wide amplitude ought to be exercised carefully in context of quashing criminal proceedings
1. Nature and effect of the offence on the conscious of the society
2. seriousness of the injury, if any
3. Voluntary nature of compromise b/w the accused and the victim
4. Conduct of the accused persons, prior to and after the occurrence of the puported offence and/or other relevant consideration.

Party In Person

 

Statue

1. Advocates Act
1. Section 30 - Right of advocate to practise  - Subject to the provisions of this Act, every advocate whose name is entered in the 3[ State roll ] shall. be entitled as right to practise throughout the territories to which the act extends
1. in all courts including the Supreme Court
2. before any tribunal or person legally authorised to take evidence
3. before any other authority or person before whom such advocate is by or under any law for the time being in force entitled to practise.
2. Section 33 - Advocates alone entitled to practise, NO person can be said to be entitled to practise in any court, unless he is enrolled as an advocate under this act.
3. Section 32 - Power of court to permit appearances in particular cases, discretionary power to permit, or not permit such a person who is NOT enrolled as an Advocate to appear before it.
2. Uttarakhand Party in Person Rules 2020
1. Bestows discretionary power on the court to permit or not to permit a party to appear in person and to argue his or her case.

Important Points

1. Discretion vested by Advocates Act on court to permit or not to permit a party to appear in person and to argue the case.
2. It is NOT the RIGHT of a person other than an enrolled advocate to appear and argue before the court. 

Arguments for Party In Person

1. No faith in any of the counsel of HC and would not like any counsel to be appointed by Court 
2. his advocates are draged into needless controversies by those in power
3. Knowledge of law, his erudite arguments his critical analysis of the law and facts have been lauded by a few legal fora.

Case Laws

1. Goa Antibiotics and Pharmaceuticals Ltd Vs R.K Chawala & 9 (2011) 15 SCC 449
1. It is not the right of a person, other than an enrolled advocate, to appear and argue before the court, but it is a discretion vested by the Act on the Court to permit or not to permit a party to appear in person and to argue the case.

Attempt to Murder - 307 IPC

 

Statue

1. 307 IPC - Attempt to murder
2. 34 IPC - common Intention

Important points

1. Attempt to murder 307 IPC will fall under category of heinous offence, and has to be treated as a crime against the society and not against the individual alone
2. Proceeding u/s 307 IPC cannot be quashed only on ground that the parties have resolved the entire disputes amongst themselves.
3. Quash
1. HC u/s 482 CrPC could be exercised keeping in mind the injuries sustained
2. Injury was inflicted on a vital part of the body, nature of weapons used.
4. Criminal Justice system has a larger objective to achieve, that is safety and protection of people at large and it would be a lesson not only to offender but to the individuals at large so that such crimes would not be committed by any one and money would not be a substitute for the crime committed against the society.
5. The guiding factors is as to whether the ends of justice would justify such exercise of power, both 
1. the ultimate consequences may be a acquittal or 
2. dismissal of indictment

Arguments used for Quash - 482 CrPC

1. Attacked only by kitchen knife
2. Entered into compromise 
3. money already paid
4. Distantly related
5. To ensure both sides lived peacefully 

Case Law

1. State of Rajasthan vs Shambhu Kewat (2014) 4 SCC 149
1. 307 IPC is serious offence and ordinarily should not be quashed by HC while exercising its power under section 482 CrPC on the ground that parties have settled their dispute
2. Narinder Singh Vs State of Punjab (2014) 6 SCC 466
1. SC quashed 307 IPC after noticing judgment in Kewat 
2. matter was referred to larger bench
3. court may be justified on its own facts, at the same time this court ows an explanation as why two different approaches are adopted in various cases
3. State of MP Vs Laxmi Narayan (2019) 5 SCC 688  - issue was resolved
1. 307 IPC - heinous offence
2. Treated as crime against society and not against individual alone 

Discharge Burden u/s 106 IEA

 

Statue

1. Section 101 of IEA
1. Whoever desires any court to give a judgment as to a liability dependent on the existence of facts, he MUST prove those facts exist.
2. 106 Indian Evidence Act
1. Burden of proving fact especially within knowledge - when any fact is especially within the knowledge of any person, the burden of proving that fact is upon him.
3. 
   

Important Points

1. Failure to discharge burden under section 106 of IEA 1872, is NOT RELEVANT in a case governed by circumstantial evidence, IF prosecution is unable to establish a chain of circumstances.
2. Circumstantial Evidence - the prosecution has to establish chain of circumstances
1. When chain is not complete, the falsity of the defense is NO GOUND to convict the accused.
3. Application of 106 IEA
1. Applies to those cases where the prosecution has succeeded in establishing the facts 
2. FROM which a reasonable inference can be drawn regarding the existence of certain other facts which are within the special knowledge of the accused.
3. When accused FAILS to offer proper explanation about the existence of said other facts, 
4. Court can always draw an appropriate inference.
4. Section 106 constitutes an EXCEPTION to section 101.
5. Section 106 is NOT INTENDED to relieve prosecution relieve it of that duty of burden of Proof.
1. On the contrary, it is designed to meet certain exceptional cases in which it would be impossible or at any rate dispoportionately difficult for the prosecution to establish facts which are especially within knowledge of the accused and which he could prove without difficulty or inconvenience. 

Case Laws

1. Sharad Birdhichand Sarda Vs State of Maharastra (1984) 4 SCC 116
1. Para 153 - Panchsheel - 5 Golden Principles
1. A close analysis of this decision would show that the following conditions must be fulfilled before a case against an accused can be said to be fully established
1. The circumstances from which the conclusion of the guilt is to be drawn should be FULLY established.
2. The facts so established should be consistent only with the hypothesis of the guilt of the accused, that is to say they SHOULD NOT be explainable on any other hypothesis except that the accused is guilty.
3. The circumstances SHOULD be of a conclusive nature and tendency
4. They should EXCLUDE every possible hypothesis except the one to be proved
5. 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 accused.
2. Shambu Nath Mehra Vs The State of Ajmer 
1. Section 106 is an exception to Section 101. Section 101 lays down the general rule about the burden of proof. 
1. Illustrations (a)
1. A desires a court to give Judgment that B shall be punished for a crime which A says B has committed
2. A must prove that B has committed the crime

Life Imprisonment

 

Summary

1. Imprisonment for life is equivalent to Rigorous Imprisonment for life

Case Law 

1. Niab Singh Vs State of Punjab, (1983) 2 SCC 454
1. Imprisonment for life is Rigorous Imprisonment for life
2. In view of the authoritative pronouncements made by Privay Council and this Court in Kishori Lal vs Emperor, AIR 1945 PC 64: 72 IA 1, Gopal Vinayak Godse vs State of Maharastra, AIR 1961 SC 600
2. Gopal Vinayak Godse vs State of Maharastra, AIR 1961 SC 600
3. Kishori Las Vs Emperor, 1961 3 SCR 440

Questions

1. what is Rigorous Imprisonment?

LRS - Land Regularization Scheme

 

The full form of LRS is Layout Regularisation Scheme. Under this scheme, all illegal layouts or plots registered under municipal area can be regularized in Telangana. However, this regularisation is only for plots or layouts which are sold via sale deed prior March 3, 2018. By unapproved layout or plot, I mean properties who dont have permissions from the respective authorities such as HMDA, GHMC and DTCP.

Documents that are required for LRS in Telangana are:
1] Sale deed
2] Occupancy certificate
3] Building approval plan
4] Khata number
5] Conversion certificate
6] Commencement certificate

Whats the latest update:

Of late, the state government has rolled out the latest guidelines for LRS scheme towards legalising of open plots in unapproved layouts. All unauthorized layouts/plots which are registered through sale deed before August 26, 2020, are eligible for the regularisation after paying the penalty. The last date for filing applications to get LRS is October 15. The government has decided to collect Rs 1,000 from individual applicants and Rs 10,000 from developers as a registration fee. According to the new guidelines, if the owners fail to regularise their plots, then they wont get building permits and wont be able to register their property. The new policies are applicable in HMDA and other urban development authorities, municipal corporations and panchayats.

Concern over inflated LRSprices:

Many buyers or owners have claimed that the government is charging an exorbitant amount for registering the plot. Experts believe that inflated prices are expected to impact the lower-income and middle-class families. Apart from the registration fee, the applicants will have to pay basic regularisation charges to obtain LRS clearance such as:

1] Rs. 200 per square metre for plot area of less than 100 square
2] Rs 400 for area of 101 to 300 square metre
3] Rs 600 for area of 301 to 500 square metre
4] Rs 750 for area above 500 square metre