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Forwarded from LAW Previous Year Papers
5_6055269851402864338.pdf
10 MB
DHJS 2022 Mains Paper👇

GK and language Paper
Law 1st Paper
Law 2nd Paper
Law 3rd Paper

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♻️अनुच्छेद -19 में दी गई 6 तरह की स्वतंत्रताऐं

TRICK: बोस संग आया गया और बस व्यापार किया

✅19 (A)➖बो➖बोलने की आजादी
✅19 (B)➖स➖सभा की आजादी
✅19 (C)➖संग➖संघ बनाने की आजादी
✅19 (D)➖आया – गया➖पुरे देश मे आने जाने की आजादी
✅19 (E)➖बस➖पुरे देश मे बसने की/रहने की आजादी
✅19 (G)➖व्यापार➖कोई भी व्यापार एवं जीविका की आजादी


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♻️Tricks for schedule of Constitution

✅12 schedule Trick is

(TEARS OF OLD PM)

1.T=Territory
2.E=Emoluments/Salary
3.A=Affirmation
4.R=Rajya Sabha
5.S=Schedule area

6.O=Other schedule area / Tribal area
7.F= Federal structure(Lists)

8.O=Official Language
9.L= Land reforms
10.D= Anti Defection law

11.P=Panchayats
12.M=Municipalities

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𝗪𝗵𝗮𝘁 𝗶𝘀 𝘁𝗵𝗲 𝗗𝗢𝗖𝗧𝗥𝗜𝗡𝗘 𝗢𝗙 𝗘𝗦𝗧𝗢𝗣𝗣𝗘𝗟?

The doctrine of estoppel is based upon the grounds of public policy, fair dealing, good faith and justice, and its purpose is to forbid one to speak against his own act, representations, or commitments to the injury of one to whom they were directed and who reasonably relied thereon. Said doctrine springs from equitable principles and the equities of the case. It is designed to aid the law in the administration of justice where without its aid injustice might result.' (Philippine National Bank v. Court of Appeals, L-30831, November 21, 1979, 94 SCRA 368)

Whenever a party has, by his own declaration, act or omission intentionally and deliberately led another to believe a particular thing true and to act upon such belief, he cannot, in any litigation arising out of such declaration, act, or omission, be permitted to falsify it.
Estoppel arises when one, by his acts, representations, or admissions, or by his silence when he ought to speak out, intentionally or through culpable negligence induces another to believe certain facts to exist and such other rightfully relies and acts on such belief, so that he will be prejudiced if the former is permitted to deny the existence of such facts (Huyatid v. Huyatid 47265-R, Jan. 4, 1978).

In the case of Philippine National Bank vs. Court of Appeals (94 SCRA 357), where the bank manager assured the heirs of the debtor-mortgagor that they would be allowed to pay the remaining obligation of their deceased parents, the Supreme Court held that the bank must abide by its representations.
On equitable principles, particularly on the ground of estoppel, we must rule against petitioner Bank. The doctrine of estoppel is based upon the grounds of public policy, fair dealing, good faith and justice, and its purpose is to forbid one to speak against its own act, representations, or commitments to the injury of one to whom they were directed and who reasonably relied thereon. The doctrine of estoppel springs from equitable principles and the equities in the case. It is designed to aid the law in the administration of justice where without its aid injustice might result. It has been applied by this Court wherever and whenever the special circumstances of a case so demands.

Source: PNB vs.IAC, GR. No. 66715, September 18, 1990

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♻️Tricks for schedule of Constitution

✅12 schedule Trick is

(TEARS OF OLD PM)

1.T=Territory
2.E=Emoluments/Salary
3.A=Affirmation
4.R=Rajya Sabha
5.S=Schedule area

6.O=Other schedule area / Tribal area
7.F= Federal structure(Lists)

8.O=Official Language
9.L= Land reforms
10.D= Anti Defection law

11.P=Panchayats
12.M=Municipalities

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@Law4CivilServices
Join us
@Law_Books_Store
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(Polity) Quasi Judicial Bodies in India.pdf
144 KB
Quasi Judicial Bodies in India
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(Polity) Role of Civil Services in a democracy.pdf
246.5 KB
Role of Civil Services in a Democracy
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Forwarded from JUDICIARY INTERVIEW
What is the difference between the Magistrate and the Judge?

- A judge can be described as an arbitrator, i.e. the person who decides on a matter in the court.

On the contrary, a magistrate is a regional judicial officer who is elected by the judges of the high court of the state to maintain law and order in a particular area or region.

- A magistrate makes decisions on small or minor matters. In fact, the Magistrate gives initial decisions in criminal cases. He is known to have powers more of an administrator.

On the contrary, the judge makes decisions in serious and complex cases, in which knowledge of the law and the ability to make personal decision is very essential.

- Magistrate has limited jurisdiction over a judge.

- Judicial Magistrate and Chief Judicial Magistrate are appointed by the High Court while the Governor appoints the District Magistrate.

On the contrary, the President appoints the judge of the Supreme Court while the High Court judges are appointed by the President in consultation with the Chief Justice of India and the Governor of the State.

- Contrary to a judge, a magistrate only has limited law enforcement and administrative powers.

- The judge is always an official with a law degree.

But the magistrate does not require a law degree in every country. That is, the magistrate may or may not have a legal degree, but it is mandatory for the appointment of a judge to be a legal degree, as well as practicing advocacy in a court.

- Magistrate has the power to impose fines and imprisonment for a specific period. But judges have the right to pass sentence of death or life imprisonment.

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📌A SECULAR STATE

🔸The Constitution of India stands for a Secular State. Hence, it does not uphold any particular religion as the official religion of the Indian State.

The following provisions of the Constitution reveal the secular character of the Indian State:

🔸The term ‘secular’ was added to the Preamble of the Indian Constitution by the 42nd Constitutional Amendment Act of 1976.

🔸The Preamble secures to all citizens of India liberty of belief,Faith and worship.

🔸The State shall not deny to any person equality before the law or equal protection of the laws (Article 14).

🔸The State shall not discriminate against any citizen on the ground of religion (Article 15).

🔸Equality of opportunity for all citizens in matters of public employment (Article 16)


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CURFEW ORDER

Section 144 of CrPC confers powers to issue an order absolute at once in urgent cases of nuisance or apprehended danger. Specified classes of magistrates may make such orders when in their opinion there is sufficient ground for proceeding under the section and immediate prevention or speedy remedy is desirable. It requires the magistrate to issue the order in writing setting forth the material facts of the case and the order is to be served in the manner provided by section.

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