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CLK - DJS - 3
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KNOWLEDGE FOR
DELHI JUDICIAL SERVICES
PRELIMINARY
EXAMINATIONS
(Part - 3)
“Law is a jealous mistress and it
requires a long and constant
courtship. It is not to be won by
trifling favors but by lavish homage”
- Joseph Story
Follow Me for Notes, Study
Material and PDFs
Dynamics Covered in the Series
- Section 3(h) of the Act defines mediation as the process whereby parties attempt to reach
an amicable settlement of their dispute with the assistance of a third person referred to as
a mediator, who does not have the authority to impose a settlement upon the parties to the
dispute. The said section includes and refers to pre-litigation mediation, online mediation,
community mediation, conciliation, or an expression of similar import while defining
“mediation”
2. Applicable to – (Sec.2)
i. All parties habitually reside or are incorporated in or have their place of business in India,
or
ii. The mediation agreement provides for dispute resolution in accordance with the Act, or
iii. There is an international mediation, or
iv. One of the parties to the dispute is the Central government or a State government or
agencies
v. The dispute is deemed appropriate and notified by the Central government or a State
government from time to time, for resolution through mediation under this Act
Current Legal Knowledge
A. The Mediation Act of 2023
The central government will establish the Mediation Council of India (“Council”) as
per the constitution prescribed under the Act. The Council has been constituted to
register, recognize and regulate mediation institutions and mediators in India. The
Council is also tasked to promote international and domestic mediation in India,
facilitate and conduct continuous training, education and certifications in mediation,
and also maintain a depository of mediation settlement agreements made in India.
6. Loopholes:
The most significant and glaring lacuna is that the Act does not provide for
enforcement of mediated settlement agreements from international mediations
conducted outside India. The other aspects which leave too much room for
interpretation are the provisions for interim reliefs and appointment of mediators
(especially when compared to the provisions under the Arbitration and Conciliation
Act, 1996).
Current Legal Knowledge
B. - The New Delhi International Arbitration Centre (Amendment) Bill,
2022
- "It will not be good to have two arbitration centres having the same name of
Delhi,“ – Kiren Rijiju reasoned
Current Legal Knowledge - Miscellaneous
1. Corruption Perception Index – Transperancy Internationals – India Rank
85th – 1st Denmark – Last 180th Somalia
2. Current Sitting Strength of Supreme Court – 34
Newly added Judges –
i. Bharatiya Nyaya Sanhita, 2023 (356) - New Penal Bill – IPC (511)
ii. Bharatiya Nagarik Suraksha Sanhita, 2023 (533) - New Procedure Bill – CrPC
(484)
iii. Bharatiya Sakshya Bill, 2023 (170)- New Evidence Bill – IEA (167)
https://bitly.ws/32xNJ
Recent Landmark Judgments – 2022
1.Aishat Sifha v. State of Karnataka, 2022
2.Jacob Puliyel v. Union of India, 2022
3.Satendra Kumar v. CBI, 2022
4. Arunachala Gounder v. Ponnusamy, 2022
THANKYOU
5.Neeraj Dutta v State (Govt of NCT Delhi),
2022
Aishat Sifha v. State of Karnataka, 2022
Bench - Justices Hemant Gupta and Sudhanshu Dhulia
Justice Dhulia :-
THANKYOU
choice and Article 19(1)(a) and 25(1). It is a matter of choice,
nothing more and nothing less,”
Guidelines :-
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- “Bodily integrity is protected under Article 21 of the Constitution
of India, and no individual can be forced to be vaccinated.”
Satendra Kumar v. CBI, 2022
Guidelines :-
•The courts must satisfy themselves on the compliance of Sections 41 and 41A of the
Code. Any non-compliance would entitle the accused to grant bail.
•While considering the application under Sections 88, 170, 204, and 209 of the Code, a
THANKYOU
bail application need not be compulsorily filed.
• The State and Central Governments must comply with the directions issued by SC with
respect to the constitution of special courts.
• The High Courts are directed to look for the undertrial prisoners who are unable
to comply with the bail conditions and take appropriate action in light of Section 440 of
the Code to facilitate their release.
• Bail applications ought to be disposed of within a period of two weeks except if the
provisions mandate otherwise, with the exception being an intervening application.
Applications for anticipatory bail are expected to be disposed of within six weeks, except
for any intervening application.
Arunachala Gounder v. Ponnusamy, 2022
Bench- Justices S Abdul Nazeer and Krishna Murari
Guidelines :-
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the Court held that the right of a widow or daughter to inherit
the self-acquired property or share received in the partition of
a coparcenary property of a Hindu male dying intestate is well
recognized not only under the old customary Hindu Law but
also by various judicial pronouncements.
Neeraj Dutta v State (Govt of NCT Delhi),
2022
Bench- Justices S. Abdul Nazeer, B. R. Gavai, A. S. Bopanna, V.
Ramasubramanian, B. V. Nagarathna
Guidelines :-
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• Bench unanimously held that public officials can be convicted
of bribery or ‘illegal gratification’ based on circumstantial
evidence. The passing away of the primary witness would not
affect the case, if circumstantial evidence was strong.
Recent Landmark Judgments - 2023
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