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09/03/2021
DM me for details if you are interested in taking tuitions for the upcoming exam for filling up the posts of Prosecuting Officer in J&K Home Department.
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Fresh Batch starting on 15 March, 2021.
The goal is to prepare quality over quantity, hence very limited seats are available.
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27/09/2020
Hello! This is Advocate Khushbu Anand from Jammu. There's this new legal services website called www.kanooniraaye.com (Link in bio) I work as a Legal Consultant here. Click on this link and head to our site to experience affordable legal services. We have framed our working procedures in such a way that they ensure the safety of our client(s) in the pandemic (COVID 19) situation. Contact us and experience affordable legal services at www.kanooniraaye.com
Please share this information with your family and friends too. Thanks a lot. :)
19/09/2020
DM to get your doubts cleared. Whether you want to study one or more than one topics or even full subject, it's totally up to you.
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09/09/2020
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05/09/2020
Adding a little colour to the black and whites in life!
03/09/2020
Make sure you understand what you're studying because cramming may help you qualify exams but will not help you excel practically.
31/08/2020
28/08/2020
EDUCATIONAL POST SERIES
EXPLANATION ON CRIMINAL CONSPIRACY
Section 120A, IPC
Part 2
Emphasising the word 'illegal' in the definition of Criminal Conspiracy in Section 120A, let's now see which agreements will directly constitute Criminal Conspiracy and which agreements will do it indirectly.
If there's an agreement to COMMIT AN OFFENCE, then that agreement will directly be considered as Criminal Conspiracy. There's no other requirement.
On the other hand, if there's an agreement to COMMIT AN ACT PROHIBITED BY LAW or AN ACT WHICH FORMS GROUND FOR A CIVIL ACTION or AN OMISSION TO PERFORM A LEGAL DUTY, then such an agreement will not constitute Criminal Conspiracy.
It will become Criminal Conspiracy only when an ACT IN PURSUANCE of the ABOVE THREE ACTS is committed. This implies the taking of any step to further their intentions as expressed in an agreement which constitutes Criminal Conspiracy INDIRECTLY.
27/08/2020
EDUCATIONAL POST SERIES!
CRIMINAL CONSPIRACY!
Section 120A, Indian Penal Code
(Part 1)
Section 120A of the IPC defines Criminal Conspiracy as an agreement between two or more persons where they agree to do or cause to be done,
1. an illegal act or
2. an act which may not be illegal, by illegal means.
In this definition, the word 'illegal' holds significance. Why? Because it is the key to explain this definition.
Now, let's take up this word, 'illegal'. Section 43 of the IPC defines it and says that, the word illegal is applicable to anything,
1. which is an offence or
2. which is prohibited by law or
3. which makes a ground for a civil action or
4. which is an omission to do a legal duty, i.e. where a person doesn't do what he's legally bound/required to do.
Keeping what constitutes an illegal act in mind, the definition of Criminal Conspiracy according to Section 120A of the IPC will be further explained in Part 2 to this post.
Stay connected! 🤓
23/08/2020
20/08/2020
REMINDER!
19/08/2020
EDUCATIONAL POST SERIES!
WHICH CONTROVERSY LED TO THE RECENT SUPREME COURT JUDGEMENT ON THE PROPERTY RIGHTS OF HINDU WOMEN?
(Part 3)
As discussed in Part 2 to this series of posts, some amendments were made in the Hindu Succession Act, 1955 in 2005, which was enforced on 09-09-2005.
Then, there was a confusion in the application of the amendment, i.e. whether the father must be alive on 09-09-2005 to be able to make his daughter also one of the heirs of the ancestral property? This was the controversy.
And it was first talked about in the case, PRAKASH v/s PHULVATI in 2016. The two Judge Bench of the Supreme Court held that the father must be alive on 09-09-2005, otherwise the daughter(s) would not be entitled to rights in the ancestral property.
Then the question was dealt in the case, DANAMMA v/s AMAR in 2018. Another two Judge Bench of the SC held that a daughter is entitled to ancestral property even if father is not alive on 09-09-2005.
Two contradicting judgements by SC, so, confusion was bound to arise, which was finally cleared by the SC in its much talked about recent judgement on the matter.
The case is, VINEETA SHARMA v/s RAKESH SHARMA (2020)
A triple Judge Bench of the SC has held that a daughter's right to ancestral property is BY BIRTH, just like that of a son.
The question of father being alive or not on 09-09-2005 need not arise.
PS. Hindus here include Hindus, Buddhists, Jains and Sikhs.