CLK - DJS - 3
CLK - DJS - 3
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
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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
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 :-
Guidelines :-
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 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 :-
Guidelines :-
Guidelines:
- As per the materials placed before the Court, Jallikattu is going in Tamil
Nadu for at least last one century and whether or not it as an integral part
of Tamil culture could not have been decided by the Court.
Guidelines:
• The Constitution Bench held that the Supreme Court had the power
to grant divorce to parties who directly approached it, by using the
SC's discretionary powers under Article 142 of the Constitution of
India.
• Supreme Court clarified that a party cannot file a writ petition under
Article 32 of the Constitution of India and seek relief of dissolution of
marriage on the ground of irretrievable breakdown of marriage
directly from it.
M/s. N.N. Global Mercantile Pvt. Ltd. v.
M/s. Indo Unique Flame Ltd. And Ors, 2023
Bench - Justice K.M. Joseph, Justice Ajay Rastogi, Justice Aniruddha Bose,
Justice Hrishikesh Roy and Justice C.T. Ravikumar
Guidelines:
Guidelines:
• The Supreme Court has held that there is no bar in cancelling default
bail on merits after the presentation of chargesheet. The question that
arose in the case was whether default bail can be cancelled after
presentation of chargesheet, when it was granted for not filing it
within 90 days as per the CrPC.
Jabir vs State of Uttarakhand, 2023
Bench - Justices S. Ravindra Bhat and P S Narasimha
Guidelines:
• The court should not convict an accused only on the basis of the
“last seen” circumstance, the Supreme Court observed while setting
aside concurrent conviction of murder accused. The bench observed
that the “last seen” doctrine has limited application, where the time
lag between the time the deceased was seen last with the accused,
and the time of murder, is narrow.
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