Indian-Constitution-one liner @lawforcivilservices.pdf
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# Indian-Constitution-one liner
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constution full notes @lawforcivilservices.pdf
8 MB
# Constution full notes
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Forwarded from Indian Judiciary Preparation PCS J
Karnataka Judiciary Notiifcation2021.pdf
3.5 MB
Karnataka Judiciary Notiifcation2021
Forwarded from Indian Judiciary Preparation PCS J
🟢 यूनिफॉर्म सिविल कोड:-
दिल्ली हाईकोर्ट ने कहा- देश में समान नागरिक संहिता हो, संविधान के आर्टिकल 44 को लागू करने का यही सही समय
✳️ क्या है यूनिफॉर्म सिविल कोड?
संविधान के भाग 4 में राज्य के नीति निर्देशक सिद्धांतों का ब्योरा है। संविधान के आर्टिकल 36 से 51 के जरिए राज्य को कई मुद्दों पर सुझाव दिए गए हैं। इनमें उम्मीद जताई गई है कि राज्य अपनी नीतियां तय करते समय इन नीति निर्देशक तत्वों का ध्यान रखेंगे। इन्हीं में से आर्टिकल 44 राज्य को सही समय पर सभी धर्मों के लिए समान नागरिक संहिता बनाने का निर्देश देता है। आसान शब्दों में समझें, तो यूनिफॉर्म सिविल कोड यानी देश के सभी नागरिकों के लिए एक जैसा पर्सनल लॉ और लागू करना राज्य की ड्यूटी है।
दिल्ली हाईकोर्ट ने कहा- देश में समान नागरिक संहिता हो, संविधान के आर्टिकल 44 को लागू करने का यही सही समय
✳️ क्या है यूनिफॉर्म सिविल कोड?
संविधान के भाग 4 में राज्य के नीति निर्देशक सिद्धांतों का ब्योरा है। संविधान के आर्टिकल 36 से 51 के जरिए राज्य को कई मुद्दों पर सुझाव दिए गए हैं। इनमें उम्मीद जताई गई है कि राज्य अपनी नीतियां तय करते समय इन नीति निर्देशक तत्वों का ध्यान रखेंगे। इन्हीं में से आर्टिकल 44 राज्य को सही समय पर सभी धर्मों के लिए समान नागरिक संहिता बनाने का निर्देश देता है। आसान शब्दों में समझें, तो यूनिफॉर्म सिविल कोड यानी देश के सभी नागरिकों के लिए एक जैसा पर्सनल लॉ और लागू करना राज्य की ड्यूटी है।
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Forwarded from Indian Judiciary Preparation PCS J
https://onlinebpsc.bihar.gov.in/main/home
Bihar APO mains admit card out
Bihar APO mains admit card out
🔆ADMINISTRATIVE TRIBUNALS
✅The enactment of Administrative Tribunals Act in 1985 opened a new chapter in the sphere of administering justice to the aggrieved government servants.
✅ Administrative Tribunals Act owes its origin to Article 323-A of the Constitution which empowers Central Government to set-up by an Act of Parliament, Administrative Tribunals for adjudication of disputes and complaints with respect to recruitment and conditions of service of persons appointed to the public service and posts in connection with the affairs of the Union and the States.
✅The Act provides for establishment of Central Administrative Tribunal (CAT) and the State Administrative
Tribunals. The CAT was set-up on 1 November 1985. Today, it has 17 regular benches, 15 of which operate at the principal seats of High Courts and the remaining two at Jaipur and Lucknow.
✅These Benches also hold circuit sittings at other seats of High Courts. In brief, the tribunal consists of a Chairman, Vice-Chairman and Members. The Members are drawn, both from judicial as well as administrative streams so as to give the Tribunal the benefit of expertise both in legal and administrative spheres.
✅The Administrative Tribunals exercise jurisdiction only in relation to the service matters of the litigants covered by the Act. The procedural simplicity of the Act can be appreciated from the fact that the aggrieved person can also appear before it personally. The Government can present its case through its departmental officers or legal practitioners.
✅Thus, the objective of the Tribunal is to provide for speedy and inexpensive justice to the litigants.
✅ As a result of the judgement in 1997 of the Supreme Court, the appeals against the orders of an Administrative Tribunal shall lie before the Division Bench of the concerned High Court.
▪️TRIBUNALS
✅Article 323B in the Constitution of India: The appropriate Legislature may, by law, provide for the adjudication or trial by tribunals of any disputes, complaints, or offences with respect to all or any of the matters specified to which such Legislature has power to make laws.
✅ The matters referred are the following, namely:
(a) levy, assessment, collection and enforcement of any tax;
(b) foreign exchange, import and export across customs frontiers;
(c) industrial and labour disputes;
(d) land reforms by way of acquisition by the State of any estate as defined in Article 31A or of any rights therein or the extinguishment or modification of any such rights or by way of ceiling on agricultural land or in any other way;
(e) ceiling on urban property;
(f) elections to either House of Parliament or the House or either House of the Legislature of a State, but excluding the matters referred to in Article 329 and Article 329A;
(g) production, procurement, supply and distribution of foodstuffs (including edible oilseeds and oils) and such
other goods as the President may, by public notification, declare to be essential goods for the purpose of this article and control of prices of such goods;
(h) offences against laws with respect to any of the matters specified in sub clause (a) to (g) and fees in respect of any of those matters;
(i) any matter incidental to any of the matters specified in sub clause (a) to (h).
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✅The enactment of Administrative Tribunals Act in 1985 opened a new chapter in the sphere of administering justice to the aggrieved government servants.
✅ Administrative Tribunals Act owes its origin to Article 323-A of the Constitution which empowers Central Government to set-up by an Act of Parliament, Administrative Tribunals for adjudication of disputes and complaints with respect to recruitment and conditions of service of persons appointed to the public service and posts in connection with the affairs of the Union and the States.
✅The Act provides for establishment of Central Administrative Tribunal (CAT) and the State Administrative
Tribunals. The CAT was set-up on 1 November 1985. Today, it has 17 regular benches, 15 of which operate at the principal seats of High Courts and the remaining two at Jaipur and Lucknow.
✅These Benches also hold circuit sittings at other seats of High Courts. In brief, the tribunal consists of a Chairman, Vice-Chairman and Members. The Members are drawn, both from judicial as well as administrative streams so as to give the Tribunal the benefit of expertise both in legal and administrative spheres.
✅The Administrative Tribunals exercise jurisdiction only in relation to the service matters of the litigants covered by the Act. The procedural simplicity of the Act can be appreciated from the fact that the aggrieved person can also appear before it personally. The Government can present its case through its departmental officers or legal practitioners.
✅Thus, the objective of the Tribunal is to provide for speedy and inexpensive justice to the litigants.
✅ As a result of the judgement in 1997 of the Supreme Court, the appeals against the orders of an Administrative Tribunal shall lie before the Division Bench of the concerned High Court.
▪️TRIBUNALS
✅Article 323B in the Constitution of India: The appropriate Legislature may, by law, provide for the adjudication or trial by tribunals of any disputes, complaints, or offences with respect to all or any of the matters specified to which such Legislature has power to make laws.
✅ The matters referred are the following, namely:
(a) levy, assessment, collection and enforcement of any tax;
(b) foreign exchange, import and export across customs frontiers;
(c) industrial and labour disputes;
(d) land reforms by way of acquisition by the State of any estate as defined in Article 31A or of any rights therein or the extinguishment or modification of any such rights or by way of ceiling on agricultural land or in any other way;
(e) ceiling on urban property;
(f) elections to either House of Parliament or the House or either House of the Legislature of a State, but excluding the matters referred to in Article 329 and Article 329A;
(g) production, procurement, supply and distribution of foodstuffs (including edible oilseeds and oils) and such
other goods as the President may, by public notification, declare to be essential goods for the purpose of this article and control of prices of such goods;
(h) offences against laws with respect to any of the matters specified in sub clause (a) to (g) and fees in respect of any of those matters;
(i) any matter incidental to any of the matters specified in sub clause (a) to (h).
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🔆Sabarimala temple case/ Indian Young Lawyers Association vs. the State of Kerala (2018):
( Freedom of Religion)
Supreme Court Allows Women Entry into Sabarimala Temple, which it termed as a violation of women’s right to practice religion.
▪️Issue/dispute at the core:
✅ Essential religious practice, Right to Freedom of Religion vs. constitutionally-guaranteed rights.
✅Constitutional and legislative provisions involved
✅Article 14,15, 21 &25, Rule 3(b) of the Kerala Hindu Places of Public Worship (Authorization of Entry) Rules, 1965 (restricts the entry of women into the Sabarimala Temple)
▪️Judgment delivered:
✅SC stated that 'devotion cannot be subjected to gender discrimination'.
✅It overturned the 1951 judgment of Bombay High Court in the State of Bombay versus Narasu Appa Mali which held that personal law is not 'law' or 'law in force' under Article 13 and held that immunizing customs takes away the primacy of the constitution.
✅ It takes away the woman’s right against discrimination guaranteed under Article 15(1) of the Constitution and curtails the religious freedom assured by Article 25(1).
✅Preventing women’s entry in the temple with the irrational and obsolete notion of “purity” offends the equality clauses in the Constitution
✅SC held that prohibition founded on the notion that menstruating women are "polluted and impure" is a form of untouchability (Article 17) and the notions stigmatized women.
✅No customs can claim supremacy over the Constitution and its vision of ensuring the sanctity of dignity,
liberty, and equality and customs and personal law have a significant impact on the civil status of individuals.
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( Freedom of Religion)
Supreme Court Allows Women Entry into Sabarimala Temple, which it termed as a violation of women’s right to practice religion.
▪️Issue/dispute at the core:
✅ Essential religious practice, Right to Freedom of Religion vs. constitutionally-guaranteed rights.
✅Constitutional and legislative provisions involved
✅Article 14,15, 21 &25, Rule 3(b) of the Kerala Hindu Places of Public Worship (Authorization of Entry) Rules, 1965 (restricts the entry of women into the Sabarimala Temple)
▪️Judgment delivered:
✅SC stated that 'devotion cannot be subjected to gender discrimination'.
✅It overturned the 1951 judgment of Bombay High Court in the State of Bombay versus Narasu Appa Mali which held that personal law is not 'law' or 'law in force' under Article 13 and held that immunizing customs takes away the primacy of the constitution.
✅ It takes away the woman’s right against discrimination guaranteed under Article 15(1) of the Constitution and curtails the religious freedom assured by Article 25(1).
✅Preventing women’s entry in the temple with the irrational and obsolete notion of “purity” offends the equality clauses in the Constitution
✅SC held that prohibition founded on the notion that menstruating women are "polluted and impure" is a form of untouchability (Article 17) and the notions stigmatized women.
✅No customs can claim supremacy over the Constitution and its vision of ensuring the sanctity of dignity,
liberty, and equality and customs and personal law have a significant impact on the civil status of individuals.
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Forwarded from Recent Case Law India
Vutukuru Lakshmaiah Vs. State of A.P
S.302 ot S. 304 Pt. I - Considering the nature of injuries on deceased and previous animosity, it is not a fit case where offence under S. 302 IPC should be converted to S. 304 Pt. I IPC - Hence, held, Conviction of all appellants under Ss.302 and 148 IPC, Confirmed.*_
_Dying declaration found reliable - Preaence of witnesses at place of occurrence, established - Testimony of witnesses, trustworthy - Presence of prime accused at scene of occurrence, clearly established by prosecution- His plea of alibi hence, rightly rejected -Acquittal of co - aacused by High Court, held no ground to discard reliable evidence,vividly showing involvement of all appelant -accused - Evidence Act, 1872,Ss. 32(1) and 11( para 17 to 26)
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S.302 ot S. 304 Pt. I - Considering the nature of injuries on deceased and previous animosity, it is not a fit case where offence under S. 302 IPC should be converted to S. 304 Pt. I IPC - Hence, held, Conviction of all appellants under Ss.302 and 148 IPC, Confirmed.*_
_Dying declaration found reliable - Preaence of witnesses at place of occurrence, established - Testimony of witnesses, trustworthy - Presence of prime accused at scene of occurrence, clearly established by prosecution- His plea of alibi hence, rightly rejected -Acquittal of co - aacused by High Court, held no ground to discard reliable evidence,vividly showing involvement of all appelant -accused - Evidence Act, 1872,Ss. 32(1) and 11( para 17 to 26)
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FIRST SCHEDULE Hindi@lawforcivilservices.pdf
313.5 KB
First Schedule
In Hindi
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✅ DIRECTIVE PRINCIPLES OF STATE POLICY
🔸According to Dr. B.R. Ambedkar, the Directive Principles of State Policy is a ‘novel feature’ of the Indian Constitution.
🔸They are enumerated in Part IV of the Constitution. They can be classified
into three broad cat-egories–socialistic, Gandhian and liberalintellectual.
🔸The Directive Principles are meant for promoting the ideal of social and economic democracy. They seek to establish a ‘welfare state’ in India
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🔸According to Dr. B.R. Ambedkar, the Directive Principles of State Policy is a ‘novel feature’ of the Indian Constitution.
🔸They are enumerated in Part IV of the Constitution. They can be classified
into three broad cat-egories–socialistic, Gandhian and liberalintellectual.
🔸The Directive Principles are meant for promoting the ideal of social and economic democracy. They seek to establish a ‘welfare state’ in India
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✅STRIDHAN
According to the Smritikars, the stridhan constituted those properties which a woman had received by way of gift from the relations which included mostly movable property such as ornaments, jewellery and dresses. The gifts made to her by strangers at the time of the ceremony of marriage or at the time of bridal procession also constituted her stridhan.
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According to the Smritikars, the stridhan constituted those properties which a woman had received by way of gift from the relations which included mostly movable property such as ornaments, jewellery and dresses. The gifts made to her by strangers at the time of the ceremony of marriage or at the time of bridal procession also constituted her stridhan.
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आचार संहिता @lawforcivilservices.pdf
933 KB
# आचार संहिता
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# In Hindi
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FUNDAMENTAL DUTIES @lawforcivilservices.pdf
60.9 KB
# FUNDAMENTAL DUTIES
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Look out notice in Indian law
Lookout Notice for all immigration check posts against any Indian person can be issued only in the format prepared by the Home Ministry. 3. The notice issuing agency must give full identification details of the accused person on an already prescribed format.
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Lookout Notice for all immigration check posts against any Indian person can be issued only in the format prepared by the Home Ministry. 3. The notice issuing agency must give full identification details of the accused person on an already prescribed format.
Join us @Law_Students_Zone
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