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Hello lawyers & law students 👋
This is how you can support our project !
Subscribe to our
@CaseCiter
digests and it costs you only ₹1 per day.
You can pay together for one year (₹365) and keep getting our digests of
#SupremeCourt
judgments on first
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Let's learn some legal jargon from Solicitor General Of India 😊
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Criminal case From FIR to Conviction.
154 -FIR registered
157 -Investigation begins
173(2) -Final Report is filed before Magistrate
190(1)(b) - Magistrate takes cognizance
204 -Warrant/summons issued to accused
207 - Copy of police report, documents supplied to accused
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Dear law students,
IPC,CrPC and Evidence Act are yet not repealed or replaced.
It might take quite some months (if not years) for the parliament to pass these bills, as they now stand referred to the parliamentary committee.
By then, many of you will have completed the law
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Happy Birthday to the Chief Justice of India Dr. Dhananjaya Yeshwant Chandrachud.✨
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We used to wonder why some judges don't like live streaming of court proceedings. 🙂
Got the answer today when we saw this clip from Gujarat HC.
This happened in spite of the awareness that the proceedings are being watched live and being recorded.
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We are quite surpised that many lawyers and law students still do not know about eSCR project by the Supreme Court. Some know about it but do not know how to use it.
Supreme Court Reports (SCR) is a caselaw reporter like popular AIR, SCC etc. SCR is Supreme Court's official
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This is a wonderful development.
#SupremeCourtofIndia
has launched digital SCR.
Now you don't have to pay hefty subscription fees to get judgments with headnotes.
Just try this❤️
🔗
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Law students and junior lawyers can tweet me if they require any assistance in understanding judgments or finding case-laws or in any other matter related to law. Just send a tweet to me. I shall be happy to assist you.
Retweet this, so that this service reaches those in need.
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Tomorrow (1 Jan 2023), we are officially launching our website
This is the diary in which we will note down interesting queries you share with us.
My mother, who turns 60 shortly, will be opening this diary tomorrow. This project is my gift to her.
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@sagarikaghose
To hang this accused by August 25?
1. Police/now CBI has to file chargesheet.
2. Charges have to be framed by the Trial Court.
3. Witnesses have to be examined.
4. Trial Court should find him guilty and impose a death sentence.
5. HC has to confirm death sentence.
6. Supreme
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'Professional income' of a lawyer is also a factor while considering his elevation as HC Judge !
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How to read and understand a judgment?
1. Take a judgment to read.
2. First read factual aspect of the case.
3. Open google doc/word and note the factual aspect in minimum possible words.
4. Then find out the legal provisions quoted in judgment
5. Open bareact(pdf)
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Just sharing screenshots of reactions of bar and bench after Electoral Bonds judgment 😃
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We urge all law students and lawyers to download this e-book: Primer on New Criminal Laws published by West Bengal Judicial Academy.
This will help understand the changes brought in through the new laws viz. Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita & Bharatiya
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@arunpudur
If you are aggrieved with a judicial order, you are supposed to take that before the appellate/ superior forum. You can also write why she is wrong in deciding a matter in a way she has decided.
That said, it's absolutely childish to personally target the judge and to put her
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Cheque Bounce Complaint Flow Chart
We found this from a recent judgment delivered by Allahabad High Court (see quoted post)
Cognizance Of Complaint For Dishonour Of Cheque Can Be Taken When It Is Filed Within One Month Of Cause Of Action:
#AllahabadHighCourt
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“Law is the king of kings, nothing is mightier than law, by whose aid, even the weak may prevail over the strong.”
Yesterday's
#SupremeCourt
judgment authored by Justice Vikram Nath began with this quote.
We just did a brief research about this quote and it appears that it is
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375/376 IPC becomes 63/64 BNS (Rape)
299,300 IPC becomes 100,101 BNS (Culpable Homicide/Murder)
499,500 IPC becomes 356 BNS (Defamation)
498A IPC becomes 80 BNS (Cruelty)
Reply to this post to develop this thread !
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#SupremeCourt
explains Triple Test For Injunction Orders
1⃣Prima facie case
2⃣Balance of convenience
3⃣Irreparable injury
The Court also said that the standard of scrutiny in applying this test for ‘prohibitory’ and ‘mandatory’ injunctions is different.
This is because the
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So we are thinking about a thread which will compare provisions of the Indian Penal Code, 1860 with that of the proposed Bharatiya Nyaya Sanhita, 2023.
We are beginning with the change made to the most controversial provision of IPC: Sedition
This picture attached will help
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Dear Law Students,
Show this to your uncles and aunts and other well wishers who said you should do better things than studying law.
Tell them that one day your fee struture will be like this:
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We wish every Seniors benefiting from legal research by juniors listened to this (though from the Supreme Court of our neighbouring country) 😃
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We found an 'e-book for Advocates' from IJTR Lucknow website which lawyers and law students may find very useful !
This book discusses various aspects of practice in crimnial and civil side.
Further, it also explains how to adduce ande appreciate evidence and also the art of
We just found this handbook on Arbitration law authored by Justice SU Khan (former Judge , Allahabad HC) and published by Judicial Training and Research Institute (IJTR) last year.
This ebook refers to over 150 Supreme Court judgments on various provisions of Arbitration and
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Are you looking for any particular judgment or caselaw but can't find it out? Let us know. We can assist you in that.
Kindly RT and share this tweet if you think this service will be useful for lawyers/law students.
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Bar Council of India should introduce a new subject for LLB Course: Pronunciation of Statutes.
New Bill, ‘Bharatiya Vayuyan Vidheyak’ to replace Aircraft Act, 1934 !
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So
@LiveLawIndia
has started sharing compressed PDFs of Supreme Court Judgments along with headnotes. This will help many practitioners. All legal points in the judgment can be gathered by just reading their headnotes. Check out.
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We have decided, from 15 August 2024, not to seek any subscription fee for our
@CaseCiter
#SupremeCourt
digests.
Those who think we deserve their support, can donate to us.
We believe that those who cannot afford to pay subscription charges should also get access to our
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"Agreement to Sell is not a conveyance; it does not transfer ownership rights or confers any title."
-
#SupremeCourt
reiterated in an order passed recently.
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We got an interesting query when we were just about to say Good night.
High Courts do not have the power as under Article 141 the Supreme Court. So when the High Court has laid down a law in a particular case, what makes it binding on all the authorities?
Answer to this
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Dear lawyers,
Let us tell you this.
You might be busy and exhausted. But just try to read at least one Supreme Court judgment a day.
You may agree or disagree with its contents. But keep reading them. Analyze them and if possible discuss it with your friends and colleagues.
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An Indian Lawyer is in the Guinness Book of World Records for longest career as a lawyer.
He has been practicing for 73 years and 60 days.
His name is Balasubramanian P Menon.
He is currently 97 years old and is still practising.
Congratulations sir and all our best wishes
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Dear law students, lawyers and judiciary aspirants,
Here is an update for all of you:
We are making a separate page in our website where we will share Questions & Answers based on Recent Supreme Court Caselaws.
This month, we are starting with Q & A on
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So is launched now.
As of now, we assist you in the following and we don't charge for them.
1️⃣ Case Find
2️⃣ Citation Find
3️⃣ Caselaw Research
This website will be a record of all our works in this regard.
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A must read Supreme Court judgment on WILLs and on principles to prove its validity and execution.
Excerpts from Meena Pradhan vs Kamla Pradhan 2023 INSC 847
▶A Will is an instrument of testamentary disposition of property. It is a legally acknowledged mode of bequeathing a
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We urge everyone to have a look at !
What we do is simple.
We cover every
#SupremeCourt
judgment since 1 January 2024.
We read the judgment first, make headnotes of it, and share it in !
And of course, it is FREE. No
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#SupremeCourt
publishes list of cases relevant for Supreme Court Clerkship Exam 2024.
This list consists of 12 Constitution Bench judgments and 32 three judges bench judgments.
🔗
This list might be helpful for those preparing for other law based exams
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Simply put, this is today's
#SupremeCourt
judgment:
Can same sex couple marry?
No ! (5-0)
Can they cohabit with each other ?
Yes ! (5-0)
Do they have a right to a civil union?
No ! (3:2)
Can they adopt ?
No ! (3-2)
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What is the meaning of the phrase “substantial question of law” in Section 100 of Code of Civil Procedure ?
The Supreme Court explained it in a judgment delivered yesterday !
✅ The test is whether it is of general public importance or whether it directly or substantially
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Now, lawyers and Law students can play this 'match the following' games like this during their free time 😄
Bye bye to carroms and chess from Bar Associations 🤭
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Big boost for caselaw research.
Now, we may not need paid research tools for caselaw research.
The Supreme Court launches eSCR search portal. (both SC and HC judgments available with free text search)
Just check it out here:
🔗
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Just finished reading today's
#SupremeCourt
Judgment on Transit Anticipatory Bail authored by Justice BV Nagarathna.
The judgment not only recognises the concept of anticipatory bail but also addresses the concerns regarding forum shopping too.
We urge every lawyer/law
Very important
#SupremeCourt
judgment on Anticipatory Bail:
High Court/Court of Session can grant anticipatory bail in the form of an interim protection with respect to an FIR registered outside the territorial jurisdiction of the said Court.
This power can be exercised
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Good morning 🌞
We just noticed that our posts on
#SupremeCourt
judgments are getting much more views and impressions than that of leading legal news portals. This is despite the fact that we have only 22K followers, which is not even 1/20 of what they have.
This made us
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A Lawyer coming out of the Court after it dismissed his PIL with exemplary costs 😭
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So we bought Dr V Nageswara Rao's commentary on Evidence Act. This book, we are sure, will help us a long way in assisting you in your queries pertaining to law of evidence. Next in the list is : Mulla's CPC.
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Right to practice law is also a
fundamental right, says
#SupremeCourt
.
#SupremeCourt
holds that State Bar Councils cannot charge enrollment fees beyond express legal stipulation under Section 24 Advocates Act.
But this decision will have only prospective effect. This means they are not liable to refund already collected 'excess' fees.
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Hats off to the team who developed Digital SCR !
If you know the case name of a Supreme Court judgment correctly, you can get the pdf of it (as reported in SCR along with headnotes) within seconds.
Just try yourself:
We are yet to try with keyword
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One lawyer actually took print of our
@CaseCiter
digest !
Loved to see our work in print !
We are glad we are reaching many chambers of lawyers !
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How to and how not to write a judgment?
Justice AS Oka explains in today's
#SupremeCourt
judgment: In Re Right To Privacy Of Adolescents 2024 INSC 614
▶Judgment must be in a simple language. It is neither a thesis nor a piece of literature.
▶The conclusions recorded by the
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Recent
#SupremeCourt
judgment on Adverse Possession
▶When a party claims adverse possession, he must know who the actual owner of the property is
▶To prove the plea of adverse possession :- (a) The plaintiff must plead and prove that he was claiming possession adverse to
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We just found this handbook on Arbitration law authored by Justice SU Khan (former Judge , Allahabad HC) and published by Judicial Training and Research Institute (IJTR) last year.
This ebook refers to over 150 Supreme Court judgments on various provisions of Arbitration and
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If we make a mobile application where we will be for sharing Supreme Court judgments along with brief notes on each of them, how many of you will install it on your phone? As of now, we have no plans to do so. But let us know your thoughts on this.
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A hundred amendments to the Constitution,
And thousands of Central laws too,
Debates, discussions that shaped our nation,
Dear, all this happened inside you !
As you retire and pass the baton,
Now it's time to say: Thanks & adieu !
❤️
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A person committed suicide leaving a suicide note which read:
"Mr. X will be responsible for my suicide"
Can X be prosecuted for Abetment of Suicide (S 306 IPC)?
Recently in Vikas Chandra vs State Of Uttar Pradesh 2024 INSC 261,
#SupremeCourt
dealt with a similar issue.
The
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Latest Supreme Court Judgments on CrPC
Section 357 CrPC – Harendra Rai vs State of Bihar 2023 INSC 806
Section 482 CrPC – Mohammad Ziad vs State of Uttar Pradesh CrA 2633 of 2023
Section 148 CrPC – Sanjay Kumar vs State of Madhya Pradesh SLP(Crl) 7622 of 2023
Section 482
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Good morning everyone,
The most wonderful method to stay abreast of developments in law is to read judgments of Constitutional Courts (SC & HCs) on a regular basis.
This thread will show you how to read and understand basic legal concepts from a judgment. Read on.
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"Culpae poena per esto’
Do you know the meaning of this legal maxim?
Today's
#SupremeCourt
judgment mentions it.
Read more @
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Just noticed that
#HindiIsNotNationalLanguage
is trending.
We are not commenting on the controversy. But just sharing a constitutional provision
Article 343 says that the 'official language' of the Union shall be Hindi in Devanagari script. (not national language)
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We have a doubt !
All Public Holidays are declared under Section 25 Negotiable Instruments Act [For eg: See quoted post]
NI Act is a law relating to Promissory Notes, Bills of Exchange and Cheques.
Section 25 of NI Act does not deal with 'holidays' as such. It says : When the
Public Holiday on January 22, 2024 under the Negotiable Instruments Act, 1881
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2K
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Now we can access most of the books written by Dr. Ambedkar from this page on the Supreme Court website. We can also read cases argued by him too. Just check out:
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Amendment of a plaint can be made at any stage of a suit , even at the second appellate stage..
-
#SupremeCourt
in Vasantha (D) vs Rajalakshmi @ Rajam (D) 2024 INSC 109
Read More @
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CJI's judgment summarized:
Marriage is not itself a fundamental right, but some aspects of it are.
Cannot do judicial legislation - Cannot strike down or read down Section 4 SMA !
Right to enter into union cannot be restricted on the ground of sexual orientation.
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@AbhishekSay
Do read this article which claims that the existing legal framework can address these crimes using deepfake tech.
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#BREAKING
#SupremeCourtofIndia
today issued several directions for speedy disposal of civil cases.
"Once the trial has commenced it shall be proceeded from day to day"
"The courts shall give meaningful effect to the provisions for payment of cost for ensuring that no
Yashpal Jain vs Sushila Devi 2023 INSC 948
Speedy disposal of civil cases- directions issued.
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A lawyer must:
Learn
Analyze
Watch
Yearn
Educate
Remember
Good morning to all present and future Lawyers 🌞
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Here is the list of
#SupremeCourt
Constitution Bench Judgments of 2023.
▶In Re: Interplay Between Arbitration Agreements Under The Arbitration And Conciliation Act 1996 And The Indian Stamp Act 1899 2023 INSC 1066 - Validity of Unstamped Arbitration Agreement
▶Re Article 370
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Today was Justice Hima Kohli's last day as Supreme Court judge.
So from tomorrow (till next woman judge appointment),
#SupremeCourt
will have only two woman judges !
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Wonder why this judgment is made 'non-reportable'?
This judgment quite succinctly discusses:
1⃣Section 301 IPC [Doctrine of Transfer of Malice]
2⃣Section 86 IPC [ Intoxication]
From a law student's point of view, this judgment should find place in a law journal, but still it
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Just came to know that
@zoo_bear
is charged with Section 74 of the Juvenile Justice Act of 2015 and FIR has been lodged.
True, Section 74 makes it an offence to disclose identity of a child who is a victim of crime. But, Section 74 is an offence punishable with upto six months
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Can HC refuse to quash FIR merely because the investigating officer has filed the charge-sheet?
#SupremeCourt
answers in a recent order.
Read more @
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"Revenue records are not documents of title. It neither creates nor extinguishes title, nor does it have any presumptive value on title. All it does is entitle the person in whose favour mutation is done to pay the land revenue in question."
#SupremeCourt
reiterated in P Kishore
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Very important
#SupremeCourt
judgment on Anticipatory Bail:
High Court/Court of Session can grant anticipatory bail in the form of an interim protection with respect to an FIR registered outside the territorial jurisdiction of the said Court.
This power can be exercised
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Do you know the difference between parole and a furlough?
Read this judgment: Atbir vs State of NCT Of Delhi | 2022 LiveLaw (SC) 427
Report :
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#SupremeCourt
summarizes principles re: Limitation and Delay Condonation
▶Law of limitation is based upon public policy that there should be an end to litigation by forfeiting the right to remedy rather than the right itself;
▶A right or the remedy that has not been exercised
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#SupremeCourt
is now promoting its own official reporter and neutral citation.
In a long run, this will be huge blow for private law reporters like SCC and AIR.
This is from guidelines for filing written submissions,:
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Can High Courts refuse to decide cases on the ground that the leading judgment of the Supreme Court is
(1) referred to a larger Bench or
(2) a review petition relating thereto is pending or
(3) a later Coordinate Bench has doubted its correctness
No, says
#SupremeCourtofIndia
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Did you notice that the
#SupremeCourt
has started to summarize its landmark judgments itself.
Yet another great initiative !
Disclaimer under each summary reads: Judgment Summaries are prepared to help promote a better understanding of the decisions of the Supreme Court of
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This is one good thing that happened with BNSS !
Section 64 CrPC did not allow woman to accept summons on behalf of the persons summoned. Only an adult male member of his family could have accepted it.
Now Section 66 BNSS removed this discriminatory stipulation and now any
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Just watched this movie. We believe that it has succeeded in replicating court room proceedings quite realistically. (Though there is still a drama element). What do you think. ?
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Bharatiya Nyaya Sanhita does not have a provision similar to Section 377 IPC.
The Supreme Court in Navtej Singh Johar case had struck down Section 377 IPC but only to the extent it criminalizes consensual sex.
However, Section 377 IPC can still be invoked when there is a
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An agreement by which a wife waives her right of maintenance protected under Section 125 of Cr.P.C is an agreement against public policy and the same is ab initio void and not enforceable [ KP Abdul Hakeem vs Asmabi MP 2023/KER/6314 ]
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#SupremeCourt
judgment on Bail !
▶Bail cannot be denied only on the ground that the charges are very serious though there is no end in sight for the trial to conclude.
▶A constitutional court cannot be restrained from granting bail to an accused on account of restrictive
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Three new laws:
1️⃣Bharatiya Nyaya Sanhita
2️⃣Bharatiya Nagarik Suraksha Sanhita
3️⃣Bharatiya Sakshya Adhiniyam
-have come into force replacing Indian Penal Code, Code Of Criminal Procedure and Indian Evidence Act.
Best of luck to all those who will have to deal with them.
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Reportable and Non-Reportable
Why do we see this written on judgments of Supreme Court and some High Courts?
Judgments are reported by various law journals/reports like SCR/SCC/AIR/CrLJ etc. When a judge thinks that the judgment he authored has something which is worth
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Section 482 of Bharatiya Nagarik Suraksha Sanhita (BNSS) is about Anticipatory Bail.
First three sub-sections of Section 482 is same as Section 438 CrPC and therefore there is no change in the main provision.
Therefore all caselaws regarding Section 438 CrPC will continue to
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#SupremeCourt
summarizes principles relevant for examining the admissibility of secondary evidence:
Vijay vs Union of India 2023 INSC 1030
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What are doctrines of per incurium and sub silentio?
They are exceptions to the rule of precedents.
#SupremeCourt
explained it in today's judgment in Bilkis Yakub Rasool vs Union of India 2024 INSC 24:
▶A decision rendered by ignorance of a previous binding decision of its
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"Certificate under Section 65-B Evidence Act can be produced at any stage if the trial is not over"
#SupremeCourt
reiterated in State of Karnataka vs T. Naseer @ Nasir @ Thandiantavida Naseer @ Umarhazi @ Hazi
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#SupremeCourt
judgment on Doctrine of bona fide purchaser:
▶The doctrine of bona fide purchaser for value applies in situations where the seller appears to have some semblance of legitimate ownership rights.
▶This principle does not protect a subsequent purchaser if the
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#SupremeCourt
discussed application of Eggshell Skull Rule in a judgment delivered yesterday.
This common law doctrine makes a defendant liable for the plaintiff's unforeseeable and uncommon reactions to the defendant's negligent or intentional tort.
Read more on Jyoti Devi vs
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If you are a lawyer who is exclusively dealing with civil cases, don't think that nothing is gonna change for you tomorrow.
The Indian Evidence Act which applies to civil cases also is going to be replaced by Bharatiya Sakshya Adhiniyam.
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Heard a criminal lawyer saying this during a discussion in bar association here:
Why only decolonisation of criminal laws? What about these civil laws:
Civil Procedure Code of 1908
Transfer of Property Act of 1882
Contract Act of 1872
Easement Act of 1882
and many more.
In
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Good morning everyone !
Here are some questions and answers on CrPC based on
#SupremeCourt
judgments (delivered in August 2024)
▶Can FIR be quashed after filing of chargesheet?
▶Is an order dismissing an application seeking modification of charge ‘interlocutory order’?
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If we make a CPC/CrPC Question Bank (MCQ-pdf file) based on Supreme Court judgments delivered this year (2023), will you buy it?.
We are yet to start the work but we believe we can make at least 100 questions based on this year's SC Judgments.
Please repost and reply to this
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The Law Minister confirms that the new Criminal Laws will come into force w.e.f 1 July 2024.
Best of luck to everyone 😊
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Important reading materials for Constitutional Law lovers [Thread]
📚Complete Constituent Assembly Debates
1⃣
2⃣
3⃣
4⃣
5⃣
Download and keep them with you.
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Do you know that you can access digital copies (pdf) of reportable Supreme Court judgments from 1950-2021 along with headnotes for free ? Thanks to eSCR project by SC e-Committee.
Retweet if you came to know about it through us.
Like if you know it already and is using it.
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CJI DY Chandrachud asks Solicitor General Tushar Mehta about juniors who assisted him in preparing propositions in the case.
"My Lord, all four of us used to sit together for that..They've really work very hard. They know the subject better than me.", SG said.
"We want them to
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