CURRENT LEGAL

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

1.Static Legal General Knowledge – India

2.Static Legal General Knowledge – Delhi
3.Recent Judgments – Supreme Court and
Delhi High Court
4.Statutes and Legislations in News
5.Amendments and Appointments
6.National and International Legal Current
Affairs
 Current Legal Knowledge
A. The Mediation Act of 2023

1. Received the assent of the President on September 14, 2023

- 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

3. Not Applicable to- (Sec.6)

a) Disputes against minors, deities, and persons with intellectual disabilities,

b) Prosecution of criminal offenses,
c) Any dispute relating to the levy, collection, penalties, direct or indirect tax refunds,
d) Complaints or proceedings initiated before any statutory authority or body in relation to the
registration, discipline, misconduct of any practitioner, or other registered professionals,
e) Disputes which have an effect on the rights of a third party who is not a party to the
mediation proceedings, except in matrimonial disputes where the interest of a child is
involved.
f) Any investigation, inquiry, or proceeding before the Telecom Regulatory Authority of India,
Telecom Disputes Settlement Commissions, Securities and Exchange Board of India,
Securities Appellate Tribunal, Appellate Tribunal, and under the Competition Act of 2002, etc.
g) Land acquisition and determination of compensation under land acquisition laws or any
provision of law providing for land acquisition.

4. Time period – (Sec.18)

120 days from the date of the first appearance or for an extended time frame of 180
days if agreed upon by the parties.
 Current Legal Knowledge
A. The Mediation Act of 2023

5. The Regulator: Mediation Council of India

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

- A bill to rename the New Delhi International Arbitration Centre as the

India International Arbitration Centre.

- Because - "Even in Delhi, another body Delhi Arbitration Centre [DAC] is

functioning".

- "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 –

A. Justice Satish Chandra Sharma

B. Justice Augustine George Masih
C. Justice Sandeep Mehta

3. Newly introduced Criminal Laws

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)

**Comparative Study PDF is available at the Telegram handle -

https://t.me/theshubhamsir
 Static Legal General Knowledge – Books & Authors

1. Before Memory Fades: An Autobiography by Fali S Nariman

2. Tomorrow’s Lawyers: An Introduction to Your Future by Richard Susskind
3. Nani Palkhivala: The Courtroom Genius by Soli J Sorabjee and Arvind P Datar
4. Letters to a Law Student by Nicholas J. McBride
5. Roses in December: An Auto-Biography by MC Chagla
6. Legal Eagles: Stories of the Top Seven Indian Lawyers by Indu Bhan
7. 10 Judgements That Changed India by Zia Mody
8. We, the People by Nani A. Palkhivala
9. We, the Nation: the Lost Decades by Nani A. Palkhivala
10. One L : Scott Turow
11. The Trial by Franz Kafka
12. The Firm by John Grisham
13. The Indian Constitution: Cornerstone of A Nation by Granville Austin
14. Working in a Democratic Constitution: A History of the Indian Experience by Granville
Austin
15. Landmark Judgments that Changed India - Justice AK Ganguly
16. Cases That India Forgot - Chintan Chandrachud
17. The Case that Shook India: The Verdict That Led to the Emergency - Prashant Bhushan
18. The Supreme Court and Politics - Upendra Baxi
19.Courting the People: Public Interest Litigation in Post-Emergency India – Anuj Bhuwania
20.The Idea of Justice - Amartya Sen
Static Legal General Knowledge – Books & Authors
For the List of More Books – Go to the Link provided in the PDF

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 :-

“The High Court took a wrong path. It is ultimately a matter of

THANKYOU
choice and Article 19(1)(a) and 25(1). It is a matter of choice,
nothing more and nothing less,”

Justice Gupta :- Confirmed the decision of the Karnataka High

Court
 Jacob Puliyel v. Union of India, 2022

Bench - Justices L Nageswara Rao and BR Gavai

Guidelines :-

- No individual can be forced to receive Covid Vaccinations

THANKYOU
- “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

Bench Justices Sanjay Kishan Kaul, M.M. Sundresh

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 :-

• After analyzing Hindu laws, customs, and judicial precedents,

THANKYOU
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 :-
THANKYOU
• 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

1.The Animal Welfare Board of India And Ors.

v. UoI And Anr. , 2023
2.Shilpa Sailesh v Varun Sreenivasan, 2023
THANKYOU
3.M/s. N.N. Global Mercantile Pvt. Ltd. v. M/s.
Indo Unique Flame Ltd. And Ors, 2023
4.State through CBI v. T. Gangi Reddy @
Yerra Gnagi Reddy , 2023
5.Jabir vs State of Uttarakhand, 2023
 Static General
The Animal WelfareKnowledge
Board of India – Delhi
And Ors.
v.High
1. Current CJ of Delhi UOI and
Court Ors,
– Justice 2023
Manmohan
2. Delhi HC Established – 31st October 1966 by the Delhi HC Act, 1966
3.Bench
Initially Lahore
- Justices HC Joseph,
K.M. exercised power
Ajay over Delhi
Rastogi, and Punjab
Aniruddha Province
Bose, Hrishikesh
4.Roy,
Total RavikumarStrength – 45 Permanent Judges and 15 Additional
C.T.Sanctioned
Judges
Subordinate Courts to Delhi HC are operating in – 9 Judicial Districts
5.Guidelines:
6. Delhi HC exercised jurisdiction over Himachal Pradesh with its bench at

THANKYOU
- AsShimla
per theinmaterials
passed
Nadu
7.Tamil
CJ
a building calledbefore
placed Ravenswood until
the Court, State ofisHP
Jallikattu Act,in1970
going Tamil
for at least last one century and whether or not it as an integral part of
Delhi HC was
culture Established
could 4 Judgesby– the
with decided
not have been Justice KS Hegde was the first
Court.
was

8.- "When
Delhi legislature
International
hasArbitration Centre
declared that (DIAC)
Jallikattu is –part
estd.
of in 2009 -heritage
cultural first everof
TNHigh
state,Court annexed
judiciary cannotInstitutional Arbitration
take a different Centre
view. Legislature is best suited to
9.decide High Court Mediation and Conciliation Centre – Samadhan – estd.
Delhithat."
in 2006 – joint initiative of Bar and Bench
 Static
Shilpa General
Sailesh Knowledge
v Varun – Delhi2023
Sreenivasan,
1. Bench
Current CJ of Delhi
- SANJAY High Court
KISHAN KAUL; – Justice Manmohan
J., SANJIV KHANNA; J., ABHAY S.
2. OKA;
DelhiJ.,
HC Established
VIKRAM – 31 J.,October
NATH;
st 1966 by the Delhi
J.K. MAHESHWARI; J HC Act, 1966
3. Initially Lahore HC exercised power over Delhi and Punjab Province
Total Sanctioned Strength – 45 Permanent Judges and 15 Additional
4. Guidelines:
Judges
5. • Subordinate Courts Bench
The Constitution to Delhi HCthat
held are the
operating
Supreme in –Court
9 Judicial
had theDistricts
power to
6. Delhi
grantHC exercised
divorce jurisdiction
to parties over Himachal
who directly approachedPradesh
it, bywith
usingitsthe
bench
SC'sat

THANKYOU
Shimla in a building
discretionary
• passed
powers called Ravenswood
under Article 142until State
of the of HP Act,of1970
Constitution
Supreme Court clarified that a party cannot file a writ petition under
7. Delhi HC 32
Article was
ofEstablished with 4ofJudges
the Constitution – Justice
India and KS Hegde
seek relief
India.was

was the first

of dissolution
CJmarriage on the ground of irretrievable breakdown of marriage directly
of

8. Delhi
fromInternational
it. Arbitration Centre (DIAC) – estd. in 2009 - first ever
High Court annexed Institutional Arbitration Centre
9. Delhi High Court Mediation and Conciliation Centre – Samadhan – estd.
in 2006 – joint initiative of Bar and Bench
 M/s.
Static
N.N. General Mercantile –Pvt.
Global Knowledge Delhi
Ltd. v.
1.
M/s. Indo Unique Flame Ltd. And
Current CJ of Delhi High Court – Justice Manmohan
Ors, 2023
2. Delhi HC Established – 31st October 1966 by the Delhi HC Act, 1966
3. Bench - Justice
Initially LahoreK.M. Joseph, Justice
HC exercised powerAjayoverRastogi,
Delhi and Justice Aniruddha
Punjab ProvinceBose,
4. Justice Hrishikesh Roy
Total Sanctioned and Justice
Strength C.T. Ravikumar
– 45 Permanent Judges and 15 Additional
Judges
5. Guidelines:
Subordinate Courts to Delhi HC are operating in – 9 Judicial Districts
6. Delhi HC exercised jurisdiction over Himachal Pradesh with its bench at
• Shimla
Constitution Bench,called
by a 3:2 split, ruleduntil
thatState
unstamped arbitration

THANKYOU
in a building

was Established
Ravenswood
agreements are not enforceable until the stamp duty is paid.
passed
7. • Delhi
The HCmajority ruled that per the4Indian
with Judgescontract
– Justicelaw
of HP Act,

KSand
CJRopes (2019), Courts will be unable to recognise the validity of
1970 was

Garware
Hegde Wall
was the first

arbitration
8. Delhi agreements
International if the stamp
Arbitration Centreduty is unpaid.
(DIAC) – estd.The SC reasoned
in 2009 that
- first ever
it can
High referannexed
Court parties to arbitrationArbitration
Institutional only after itCentre
receives a ‘certified copy’ of
the arbitration
9. Delhi High Courtagreement,
Mediation which requires stamp
and Conciliation Centreduty to be paid.– estd.
– Samadhan
in 2006 – joint initiative of Bar and Bench
 State through
Static GeneralCBI v. T. Knowledge
Gangi Reddy – Delhi
@ Yerra
Gangi Reddy
1. Current CJ of Delhi High Court – Justice Manmohan
2. Delhi HC Established – 31st October 1966 by the Delhi HC Act, 1966
Bench - Justice
3. Initially M.R.HC
Lahore Shah and Justice
exercised power C.T. Ravikumar
over Delhi and Punjab Province
4. Total Sanctioned Strength – 45 Permanent Judges and 15 Additional
Judges
Guidelines:
5. Subordinate Courts to Delhi HC are operating in – 9 Judicial Districts
• 6.TheDelhi HC exercised jurisdiction over Himachal Pradesh with its bench at
Supreme Court has held that there is no bar in cancelling default

THANKYOU
Shimla in a building called Ravenswood until State of HP Act, 1970 was
bail on merits after the presentation of chargesheet. The question that
passed
7.arose in the
Delhi HC case
presentation
CJ
was whether
was Established default
with bail– can
4 Judges be KS
Justice cancelled afterthe first
Hegde was
of chargesheet, when it was granted for not filing it within
8.90 days
Delhi as per the CrPC.
International Arbitration Centre (DIAC) – estd. in 2009 - first ever
High Court annexed Institutional Arbitration Centre
9. Delhi High Court Mediation and Conciliation Centre – Samadhan – estd.
in 2006 – joint initiative of Bar and Bench
 Static
JabirGeneral
vs StateKnowledge – Delhi
of Uttarakhand, 2023
1. Current
Bench CJ of DelhiS.High
- Justices – Justice
Court Bhat
Ravindra and Manmohan
P S Narasimha
2. Delhi HC Established – 31 October 1966 by the Delhi HC Act, 1966
st

3. Initially Lahore HC exercised power over Delhi and Punjab Province

Guidelines:
4. Total Sanctioned Strength – 45 Permanent Judges and 15 Additional
Judges
5. • The court
Subordinate should
Courts not convict
to Delhi HC are an accusedinonly
operating on the basis
– 9 Judicial of the
Districts
6. Delhi“last seen” circumstance,
HC exercised the Supreme
jurisdiction over HimachalCourt observed
Pradesh with itswhile
benchsetting
at
aside
in aconcurrent conviction of murder accused. The bench
1970observed

7. THANKYOU
Shimla
passed
Delhilag
building called

HCbetween
Ravenswood

the timewith
was Established the deceased
CJ and the time of murder, is narrow.
until State

4 Judges –was seenKS

Justice
of HP Act,
that the “last seen” doctrine has limited application, where the time
lastHegde
with the
was

wasaccused,
the first

8. Delhi International Arbitration Centre (DIAC) – estd. in 2009 - first ever

High Court annexed Institutional Arbitration Centre
9. Delhi High Court Mediation and Conciliation Centre – Samadhan – estd.
in 2006 – joint initiative of Bar and Bench
Follow Me for Notes, Study
Material and PDFs
THANKYOU