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Forwarded from Indian Judiciary Preparation PCS J
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Forwarded from Indian Judiciary Preparation PCS J
Aspirants often ignore the Specific Relief Act (SRA)β¦ but in Judiciary exams, it becomes a real game changer! βοΈ
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Forwarded from Indian Judiciary Preparation PCS J
Aspirants often ignore the Specific Relief Act (SRA)β¦ but in Judiciary exams, it becomes a real game changer! βοΈ
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Forwarded from Indian Judiciary Preparation PCS J
*π‘οΈLEADER OF THE HOUSE OF THE OPPOSITION*
βοΈIn each House of Parliament, there is the βLeader of the Oppositionβ. The leader of the largest Opposition party having not less than one-tenth seats of the total strength of the House is recognised as the leader of the Opposition in that House.
βοΈIn a parliamentary system of government, the leader of the opposition has a significant role to play. His main functions are to provide a constructive criticism of the policies of the government and to provide an alternative government. Therefore, the leader of Opposition in the Lok Sabha and the Rajya Sabha were accorded statutory recognition in 1977.
βοΈThey are also entitled to the salary, allowances and other facilities equivalent to that of a cabinet minister.
βοΈIt was in 1969 that an official leader of the opposition was recognised for the first time. The same functionary in USA is known as the βminority leaderβ.
βοΈIn each House of Parliament, there is the βLeader of the Oppositionβ. The leader of the largest Opposition party having not less than one-tenth seats of the total strength of the House is recognised as the leader of the Opposition in that House.
βοΈIn a parliamentary system of government, the leader of the opposition has a significant role to play. His main functions are to provide a constructive criticism of the policies of the government and to provide an alternative government. Therefore, the leader of Opposition in the Lok Sabha and the Rajya Sabha were accorded statutory recognition in 1977.
βοΈThey are also entitled to the salary, allowances and other facilities equivalent to that of a cabinet minister.
βοΈIt was in 1969 that an official leader of the opposition was recognised for the first time. The same functionary in USA is known as the βminority leaderβ.
Forwarded from Indian Judiciary Preparation PCS J
*Montagu-Chelmsford Reforms and Government of India Act, 1919*
β’ The British government, not prepared to part with or even share its power with the Indians, once again resorted to the policy of βcarrot and stickβ. The carrot was represented by the insubstantial Montagu- Chelmsford Reforms, while measures such as the Rowlatt Act represented the stick.
Main Features
β’ Provincial Government
β’ Introduction of Dyarchy.
β’ Provincial legislative councils were further expanded and 70 percent of the members were to be elected.
β’ The system of communal and class electorates was further consolidated.
β’ Central Government
β’ No responsible government was envisaged in the Act for the government at the all-India level.
β’ A bicameral arrangement was introduced.
β’ The governor-general was to be the chief executive authority.
β’ The Act clarified that there would be a gradual development of self-governing institution in India and not self-determination of the people of India.
β’ The British government, not prepared to part with or even share its power with the Indians, once again resorted to the policy of βcarrot and stickβ. The carrot was represented by the insubstantial Montagu- Chelmsford Reforms, while measures such as the Rowlatt Act represented the stick.
Main Features
β’ Provincial Government
β’ Introduction of Dyarchy.
β’ Provincial legislative councils were further expanded and 70 percent of the members were to be elected.
β’ The system of communal and class electorates was further consolidated.
β’ Central Government
β’ No responsible government was envisaged in the Act for the government at the all-India level.
β’ A bicameral arrangement was introduced.
β’ The governor-general was to be the chief executive authority.
β’ The Act clarified that there would be a gradual development of self-governing institution in India and not self-determination of the people of India.
Forwarded from Indian Judiciary Preparation PCS J
Along with the Budget, the Finance Minister also places other documents before the Parliament which include βThe Macro Economic Framework Statementβ. The aforesaid document is presented because this is mandated by?
Anonymous Quiz
40%
Provisions of the Fiscal Responsibility and Budget Management Act, 2003
15%
Long standing parliamentary convention
38%
Article 112 and Article 110(1) of the Constitution of India
7%
Article 113 of the Constitution of India
Forwarded from Indian Judiciary Preparation PCS J
In the Parliament of India, the purpose of calling attention motion is?
Anonymous Quiz
14%
To ask for the removal of a minister for inappropriate or violent behaviour.
28%
To let members raise discussion for short durations without a formal motion or vote thereon.
34%
To allow a discussion on a definite matter of urgent public importance.
24%
To call the attention of a Minister to any matter of urgent public importance.
Forwarded from Indian Judiciary Preparation PCS J
Aspirants often ignore the Specific Relief Act (SRA)β¦ but in Judiciary exams, it becomes a real game changer! βοΈ
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Forwarded from Indian Judiciary Preparation PCS J
β
*Res Gestae Under the Bharatiya Sakshya Adhiniyam*
β’ The principle of "res gestae," meaning "things done," is enshrined in Section 4 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 6 of the Indian Evidence Act 1872 Act).
β’ It allows for the admissibility of statements and acts that form part of the same transaction, even if they would otherwise be considered hearsay.
β’ This doctrine recognizes that certain spontaneous statements or actions, occurring contemporaneously with a transaction, carry a high degree of reliability.
β’ Essentially, res gestae encompasses facts that are so connected to the fact in issue as to form part of the same transaction.
π *Key Elements:*
βΎ *Same Transaction:* The statements or acts must be intrinsically linked to the main event.
βΎ *Contemporaneity:* They should occur at or near the time of the event.
βΎ *Spontaneity:* The statements must be made without deliberation or premeditation.
π *Case Laws:*
βΎ *R v. Foster (1834)*
The victim's immediate exclamation after being hit by a vehicle was deemed admissible as part of the res gestae. This case highlights the importance of spontaneity.
βΎ *Sukhar v. State of Uttar Pradesh (1999)*
The Supreme Court discussed the test for determining whether a statement forms part of the same transaction. The court emphasized the need for a close nexus between the statement and the event.
βΎ *In Uttam Sukhare v. State of Maharashtra (2008)*
The supreme court gave guidelines to determine if a statement is part of the same transaction, stating that the statement must be at the same time the incident occurred, or immediately after, and that there should not be an opportunity for fabrication.
The application of res gestae is fact-specific, and courts carefully scrutinize the circumstances to ensure the reliability of the evidence.
β’ The principle of "res gestae," meaning "things done," is enshrined in Section 4 of the Bharatiya Sakshya Adhiniyam, 2023 (formerly Section 6 of the Indian Evidence Act 1872 Act).
β’ It allows for the admissibility of statements and acts that form part of the same transaction, even if they would otherwise be considered hearsay.
β’ This doctrine recognizes that certain spontaneous statements or actions, occurring contemporaneously with a transaction, carry a high degree of reliability.
β’ Essentially, res gestae encompasses facts that are so connected to the fact in issue as to form part of the same transaction.
π *Key Elements:*
βΎ *Same Transaction:* The statements or acts must be intrinsically linked to the main event.
βΎ *Contemporaneity:* They should occur at or near the time of the event.
βΎ *Spontaneity:* The statements must be made without deliberation or premeditation.
π *Case Laws:*
βΎ *R v. Foster (1834)*
The victim's immediate exclamation after being hit by a vehicle was deemed admissible as part of the res gestae. This case highlights the importance of spontaneity.
βΎ *Sukhar v. State of Uttar Pradesh (1999)*
The Supreme Court discussed the test for determining whether a statement forms part of the same transaction. The court emphasized the need for a close nexus between the statement and the event.
βΎ *In Uttam Sukhare v. State of Maharashtra (2008)*
The supreme court gave guidelines to determine if a statement is part of the same transaction, stating that the statement must be at the same time the incident occurred, or immediately after, and that there should not be an opportunity for fabrication.
The application of res gestae is fact-specific, and courts carefully scrutinize the circumstances to ensure the reliability of the evidence.
β€2
Forwarded from Indian Judiciary Preparation PCS J
Aspirants often ignore the Specific Relief Act (SRA)β¦ but in Judiciary exams, it becomes a real game changer! βοΈ
Aashayein Judiciary le kar aaya hai "Specific Relief Act β Foundation Batch" π
π Medium: English Only
π Batch Starts From: 25th November
π Pre-Enroll Now & Grab Special Offer!
π Pre Enroll: 5th November to 15th November
π Call/WhatsApp: 96910-73595
π Register Now: https://forms.gle/BbYGmV3FHSUfjPrp6
β¨ Limited Seats β Donβt Miss Out on This Opportunity to Start Early and Stay Ahead!
Aashayein Judiciary le kar aaya hai "Specific Relief Act β Foundation Batch" π
π Medium: English Only
π Batch Starts From: 25th November
π Pre-Enroll Now & Grab Special Offer!
π Pre Enroll: 5th November to 15th November
π Call/WhatsApp: 96910-73595
π Register Now: https://forms.gle/BbYGmV3FHSUfjPrp6
β¨ Limited Seats β Donβt Miss Out on This Opportunity to Start Early and Stay Ahead!
Forwarded from Indian Judiciary Preparation PCS J
*π‘οΈUniversal Declaration of Human Rights [1948]*
βοΈIt was adopted in UNGA Paris, 10th Dec 1948
βοΈIt has 30 articles
βοΈArticle 1 - All human are born free and equal. Hansa mehta had made important contribution in this article, she changed it from βAll menβ to βAll humanβ
βοΈIn general it talks about dignity, liberty, and equality, righ to life, abolishing slavery and torture , protection of individual, cultural and social rights.
βοΈArticles 1β2 established the basic concepts of dignity, liberty, and equality.
βοΈArticles 3β5 established other individual rights, such as the right to life and the
βοΈProhibition of slavery and torture.
βοΈArticles 6β11 refer to the fundamental legality of human rights.
βοΈArticles 12β17 established the rights of the individual towards the community,
βοΈIncluding freedom of movement.
βοΈArticles 18β21 sanctioned "constitutional liberties", public, political freedoms,
βοΈSuch as freedom of thought, opinion, religion and conscience,word, and peaceful association of the individual.
βοΈArticles 22β27 sanctioned an individual's economic, social and cultural rights,
βοΈIncluding healthcare.
βοΈArticles 28β30 established the general means of exercising these rights, the areas
βοΈIn which the rights of the individual cannot be applied, the duty of the individual
βοΈTo society, and the prohibition of the use of rights in contravention of the purposes
βοΈOf the United Nations Organization.
βοΈIt was adopted in UNGA Paris, 10th Dec 1948
βοΈIt has 30 articles
βοΈArticle 1 - All human are born free and equal. Hansa mehta had made important contribution in this article, she changed it from βAll menβ to βAll humanβ
βοΈIn general it talks about dignity, liberty, and equality, righ to life, abolishing slavery and torture , protection of individual, cultural and social rights.
βοΈArticles 1β2 established the basic concepts of dignity, liberty, and equality.
βοΈArticles 3β5 established other individual rights, such as the right to life and the
βοΈProhibition of slavery and torture.
βοΈArticles 6β11 refer to the fundamental legality of human rights.
βοΈArticles 12β17 established the rights of the individual towards the community,
βοΈIncluding freedom of movement.
βοΈArticles 18β21 sanctioned "constitutional liberties", public, political freedoms,
βοΈSuch as freedom of thought, opinion, religion and conscience,word, and peaceful association of the individual.
βοΈArticles 22β27 sanctioned an individual's economic, social and cultural rights,
βοΈIncluding healthcare.
βοΈArticles 28β30 established the general means of exercising these rights, the areas
βοΈIn which the rights of the individual cannot be applied, the duty of the individual
βοΈTo society, and the prohibition of the use of rights in contravention of the purposes
βοΈOf the United Nations Organization.
Forwarded from Indian Judiciary Preparation PCS J
π‘οΈ *Freedom to manage religious affairs (Article 26)*
βοΈEvery religious denomination or its sections has the freedom to manage its own affairs
βοΈIt can establish and maintain institutions for religions and charitable purposes
βοΈIt can own and acquire movable and immovable property
βοΈIt has the right to administer such property in accordance with laws
βοΈ *Article 25* individual rights
βοΈ *Article 26* Protects collective freedom of religion.
βοΈ *Reasonable restrictions* public order, morality and health
βοΈEvery religious denomination or its sections has the freedom to manage its own affairs
βοΈIt can establish and maintain institutions for religions and charitable purposes
βοΈIt can own and acquire movable and immovable property
βοΈIt has the right to administer such property in accordance with laws
βοΈ *Article 25* individual rights
βοΈ *Article 26* Protects collective freedom of religion.
βοΈ *Reasonable restrictions* public order, morality and health
Forwarded from Indian Judiciary Preparation PCS J
*A.K. Gopalan v. State of Madras (1950)* β Personal liberty under Article 21.
*Kesavananda Bharati v. State of Kerala (1973)* β Basic Structure Doctrine.
*I.C. Golaknath v. State of Punjab (1967)* β Amendability of Fundamental Rights.
*Maneka Gandhi v. Union of India (1978)* β Expanded the scope of Article 21.
*S.R. Bommai v. Union of India (1994)* β Federalism and misuse of Article 356.
*Indira Sawhney v. Union of India (1992)* β Reservations and the Mandal Commission.
*K.S. Puttaswamy v. Union of India (2017)* β Right to Privacy.
*Navtej Singh Johar v. Union of India (2018)* β Decriminalization of homosexuality.
*Shayara Bano v. Union of India (2017)* β Triple Talaq invalid.
*Minerva Mills v. Union of India (1980)* β Reaffirmed the Basic Structure Doctrine
*Kesavananda Bharati v. State of Kerala (1973)* β Basic Structure Doctrine.
*I.C. Golaknath v. State of Punjab (1967)* β Amendability of Fundamental Rights.
*Maneka Gandhi v. Union of India (1978)* β Expanded the scope of Article 21.
*S.R. Bommai v. Union of India (1994)* β Federalism and misuse of Article 356.
*Indira Sawhney v. Union of India (1992)* β Reservations and the Mandal Commission.
*K.S. Puttaswamy v. Union of India (2017)* β Right to Privacy.
*Navtej Singh Johar v. Union of India (2018)* β Decriminalization of homosexuality.
*Shayara Bano v. Union of India (2017)* β Triple Talaq invalid.
*Minerva Mills v. Union of India (1980)* β Reaffirmed the Basic Structure Doctrine
Forwarded from Indian Judiciary Preparation PCS J
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π₯ #BreakingNews #FreeWebinar
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Forwarded from Indian Judiciary Preparation PCS J
Aspirants often ignore the Specific Relief Act (SRA)β¦ but in Judiciary exams, it becomes a real game changer! βοΈ
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Forwarded from Indian Judiciary Preparation PCS J
Aspirants often ignore the Specific Relief Act (SRA)β¦ but in Judiciary exams, it becomes a real game changer! βοΈ
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π Pre Enroll: 5th November to 15th November
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β¨ Limited Seats β Donβt Miss Out on This Opportunity to Start Early and Stay Ahead!
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CBI APP Exam 2025 Latest Update π’| CBI APP 2025 Exam Pattern, Syllabus & Weightage | Nitesh Sir
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Forwarded from Indian Judiciary Preparation PCS J
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Forwarded from Indian Judiciary Preparation PCS J
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