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सिविल कोर्ट पटना के बाहर ट्रांसफार्मर में हुआ ब्लास्ट, एक वकील की मौत; कई अन्य हुए घायल
सिविल कोर्ट पटना के बाहर ट्रांसफार्मर में हुआ ब्लास्ट, एक वकील की मौत; कई अन्य हुए घायल
Bihar News: पटना में एक बड़ा हादसा हुआ है। यहां के व्यवहार न्यायालय परिसर में गेट नंबर एक के पास ट्रांसफॉमर ब्लास्ट हो गया। इस हादसे में कई लोग जख्मी हुए हैं, जबकि एक की मौत हो गई है। अमर उजाला की खबर के मुताबिक घटना के शिकार वकील देवेंद्र प्रसाद की मौत हो गई है। घटना से इलाके में हड़कंप मच गया। प्रशासन की टीम भी आनन-फानन में घटना स्थल पर पहुंची। घटना की सूचना मिलते ही फायर ब्रिगेड की टीम मौके…
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Indira Devi vs. Veena Gupta: Right of Repurchase is Assignable
Case: Indira Devi (Appellant) versus Veena Gupta & Ors. (Respondents)
Court: The Supreme Court of India.
Jurisdiction: Supreme Court of India Civil Appellate Jurisdiction
Civil Appeal No. 9833 of 2014
Judgement Date: July 4 2023.
Bench: Honorable Justice Abhay S. Oka & Honorable Justice Rajesh Bindal
Concepts this case deals with –
Major:
Assignability of Right of Repurchase.
Transfer of Right in Immovable Property through Gift Deed.
Conditional Sale Deed.
Minor:
Who shall perform the considerations?
Interdependent contingent considerations.
Property Involved –
Property ‘A’
Persons Involved –
Mr. Kishori Lal Sahu: Exclusive Owner of Property ‘A’.
Smt. Veena Gupta: Daughter in Law of Kishori Lal Sahu. (Respondent)
Mr. Kaleshwar Prasad Singh: Tenant on Property ‘A’.
Smt. Indira Devi: Daughter of Kaleshwar Prasad Singh. (Appellant)
Documents Involved –
Conditional Sale Deed b/w Kishori Lal Sahu & Indira Devi concerning Property ‘A’.
Gift Deed by donor Kishori Lal Sahu to donee Veena Gupta, gifting number of properties including right/interest in Property ‘A’.
Suits & Appeals –
Original Suit: Trial Court 1983 - Civil Suit was Filed in 1983 by Veena Gupta & Kishori Lal Singh (at the time not deceased) for Special Performance as well as non-payment of rent against Indira Devi. (Suit Dismissed)
First Appeal: Lower Appellate Court 2000; Veena Gupta appeals against the dismissal of the suit. (Appeal is Dismissed)
Second Appeal: High Court Patna (Bihar): Second Appeal No. 123 of 2000; Veena Gupta appeals against the dismissal by lower appellate court. (Appeal admitted and adjudged on)
Supreme Court: Civil Appeal No. 9833 of 2014; Indira Devi appeals against the order of High Court. (Appeal is dismissed)
Facts of the Case –
Kishori Lal Sahu is the owner of property ‘A’ and Kaleshwar Prasad Singh is a tenant on the said property.
On 5th August 1977 Kishori Lal Singh the Owner & His Son due to dire need of funds executed a conditional sale deed in favour of Indira Devi (Vendee) d/o Kaleshwar the tenant. The condition was that the Vendee would pay Rs. 5000 as consideration to the Vendor, and if this Rs. 5000 is not returned by the Vendor by July 1984, the Vendee will become the owner of the property, and if the money is paid back, the Vendee will have to execute a sale deed of the property in favour of the Vendor that is to return the property.
On 14th February 1983 Kishori Lal executed a registered gift deed whereby he gifted number of properties to Veena Gupta (Respondent No. 1) the Daughter in Law of Kishori Lal and Wife of Gopal Prasad. The number of properties gifted contained the property in question where it was mentioned that the said property was transferred to Indira Devi, which can be retrieved by fulfilling conditions, that is to pay Rs. 5000 by July 1984. The Gift Deed was executed in 1983.
The Vendors that is Kishori Lal was ready to pay Rs. 5000, but the Vendees didn't agree and a civil suit was filed in 1983 in a Trial Court.
Plea by Respondent (Plaintiff in that suit) in Trial Court 1983: Special Performance Decree requiring Indira Devi/Kaleshwar (Defendant there) to accept Rs. 5000 and return the property, and if there is no performance, a decree directing appellant to register the sale deed in favour of Veena Gupta (Kishori Lal 2nd Plaintiff) with possession.
Representations in the Supreme Court:
Appellants (Indira Devi):
Kishori Lal executed the conditional deed in favour of Indira. And thus the right of repurchasing the property lies with Kishori Lal as the said right is personal. Stating he had no right to assign the right to third party.
Gift Deed executed is not valid as it contains consideration to be paid for obtaining the said property.
Judgements in the following cases: Bhoju Mandal v. Debnath Bhagat, Kapilaben vs. Ashok Kumar Jayantilal Sheth; were cited for supporting the case.
Respondents (Veena Gupta):
In the Gift Deed it is specifically mentioned that how donee may obtain the property by performing the promise of the contract/deed. 'She will have all the rights which Kishori Lal had'.
When as per the contract the vendor (Kishori Lal, non-deceased at the time of original suit of 1983 / Veena Gupta) was to give Rs. 5000 for repurchase, the vendor was willing to give but the consideration was not accepted by Indira Devi, thus to complete their part of promise Vendor deposited Rs. 5000 with Court of Original Suit with its permission.
The condition precedent for the repurchase was thus completed, and Kishori Lal assigned the right to repurchase to Veena Gupta through Gift deed.
To counter that the right of repurchase was personal, following judgements were cited for support: T.M. Balakrishna Mudaliar vs. M. Satyanarayana Rao, Shyam Singh vs Daryao Singh. It was contested that the right was assignable and not personal. And even if the Court would deal with the issue sensitively, the party assigned to was not any third party rather it was a party from the family of Kishori Lal himself.
Law & Analysis
Following are the Issues to be answered by us on the basis of facts of the case, representations made, and previous judgements:
Is the Gift deed valid?
Is the right of repurchase assignable or personal?
1. Will first begin with the validity of Gift Deed:
Gift is defined under Section 122 of Transfer of Property Act, 1882 as: Gift is the transfer of certain existing moveable or immoveable property made voluntarily and *without consideration*, by one person, called the donor, to another, called the donee, and accepted by or on behalf of the donee.
Under the Transfer of Property Act Immovable Property is defined to mean anything except standing timber, growing crops or grass. Further interpretation of other definitions of other acts include Land, Things attached to earth and benefits , Benefits to arise from land. If further studied a Right if related to movable or immovable properties then a Right related to Immovable Property becomes a immovable property. Even if we consider it a movable property it can still be gifted through a gift deed.
Thus it is agreeable that in this case in the gift deed the Property 'Physical' in Question is not gifted, rather the right to repurchase to same is transferred. The consideration comes in question when dealing with the physical actual property in question. The donee didn't have to pay any consideration for the right which was transferred.
2. Is the right to repurchase personal or can be assigned?
To begin with, we must look into the contract itself that is its clauses, content and intention of the parties which may be based of the language of the contract or the circumstances preceding or at the time when the contract was executed.
- In our case on the basis of the part of the sale deed presented before the High Court the deed didn't specifically contain any clauses prohibiting the assignment of the right of repurchase.
- At first, although it is not strictly related to our case, but we must look at Section 40 of the Indian Contracts Act to ascertain whether a promise or performance is personal: 'If it appears from the nature of the case that it was the intention of the parties to any contract that any promise contained in it should be performed by the promisor himself, such promise must be performed by the promisor. In other cases, the promisor or his representatives may employ a competent person to perform it.' Thus if a promise is of a nature that only the promisor has the ability to perform or skills then it can be performed only by the promisor.
Assignability of Contractual Rights or Obligations:
Under Indian Law any type of contract can be assigned except those specifically prohibiting the same or which are of personal nature. In the case of Kapilaben v. Ashok Kumar Jayantilal Sheth the Supreme Court observed that when entire promise or perfomance of one party towards the other are transferred to third party, then the consent of the promisee is required but when assigning just the rights or obligations to another doesn't require consent except when it is not of personal nature or if it is not specifically prohibited.
To stress on this point we will look at some of the cases cited by the counsels of the present case:
1. T.M. Balakrishna Mudaliar vs. M. Satyanarayana Rao –
The Court refered to the judgement in the case of Sakalaguna Nayadu v. Chinna Munuswami Naykar where in the Privy Council held that if the contract of repurchase did not specifically say that such benefit was only for the parties contracting, then the contract can be assigned and would be enforceable by law.
2. Shyam Singh vs Daryao Singh –
The facts of the stated case were somewhat similar to those of the present case. Lower courts opined that if there is no clause in the sale deed permitting assignment, then prohibition of the same can be read into the contract. When the matter came to Supreme Court the issue at point was considered whether such a prohibition can be read into the document by implication. The court by citing Section 15(b) of the Specific Relief Act, 1963 held that in absence of words indicating prohibition in the contract, then such prohibition cannot be read into the terms of documents.
Section 15 (b) of Specific Relief Act, 1963 stipulates that specific performance of a contract may be obtained by the representative in interest or the principal thereto: Except if it is of personal nature.
The Court was fortified with the view stated in the above cases by the Justices.
3. Bhoju Mandal v. Debnath Bhagat –
The Court considered this case, but the case primarily was concerned with the question whether document was mortgage or sale deed with condition of repurchase.
4. Kapilaben v. Ashok Kumar Jayantilal Sheth –
In this case issue was transfer/assignment of contract was without the consent of the promisee. The Court referred to judgement in Khardah Co. Ltd v. Raymon & Co. wherein the Court held that there was a well-recognized distinction between two classes of assignments which are assignment of rights in a contract and assignment of obligations in a contract. While the total assignment of contract that is substituting a party by a new party with consent/agreement of both original parties is called novation, where on novation there is no link between the old party and the new/amended contract, in such a case as said consent is required.
But when considering assignment of just the rights under a contract consent of the promisee is not strictly required that is the rights are freely assignable unless the contract prohibits it.
The Court in the present case also referred to a commentary on The Indian Contract Act & Special Relief Act by authors Pollock and Mulla, wherein the authors opine that the benefits of contract can be assigned where it makes no difference to the person on whom the obligation lies to which of two person (original or asignee) he is to discharge it. That is where the identity of the party on which the obligation is to be discharged makes no difference to the promisee (one who has obligations), provided the original promisor has effected such assignment willingly, then such contract is prima facie assignable, except in case of personal consideration. Of course payment of money does not involve personal consideration/skills.
Thus, the Court in this present case held that the right was not personal rather freely assignable in absence of bar in contract.
Conclusion:
We can conclude simply that:
1. Non-assignability cannot be implied into contract if it doesn't specifically mention it.
2. Rights under a contract when not of a personal nature can be assigned freely without consent, except barred.
3. Gift of a interest in immovable property irrespective of consideration involved in further exercise of the right is valid as there is no apparent consideration for the right itself.
Thankyou for reading! Connect with me on LinkedIn Soham Sane.
#supreme court#case comment#Indian Contracts Act#Right to Repurchase Property#Transfer of Property Act#Landmark Judgement
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Legal Services in Patna: Protecting Your Rights in Civil and Criminal Matters
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Private Law College in Patna – Your Gateway to a Successful Legal Career
The field of law has always been an essential pillar of society, ensuring justice, equality, and order. With the increasing demand for qualified legal professionals, pursuing a law degree from a reputed institution has become crucial. If you are looking for a Private Law College in Patna, Ambedkar College of Education (ACE) stands out as a premier choice for aspiring law students.
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[ad_1] New Delhi: Strategist-turned-politician Prashant Kishor has thrown his support behind the ongoing protests by Bihar Public Service Commission (BPSC) aspirants. While addressing allegations surrounding his involvement in the protests, Kishor clarified that he left the protest site 45 minutes before police resorted to lathicharge on the candidates. Kishor has also vowed to take legal action against the police, stating, “We will file an FIR against the police and also approach the court regarding this matter.” Prashant Kishor has Laid Out Five Dey Demands: 1. A re-examination for the BPSC 70th prelims. 2. Financial assistance of Rs 10 lakh for Sonu’s (Student preparing for BPSC who died by suicide) family3. Complete withdrawal of cases filed against candidates involved in the protests. 4. Immediate steps to address grievances of aspirants. 5. Assurance of fair and transparent processes in future BPSC exams. Kishor warned that if the demands are not met, he will lead an indefinite dharna starting January 2. “The government must act responsibly and address these issues. If they fail to do so, we will escalate our protest,” he said. Case Against Prashant KishorThe Bihar Police has also filed a case against Prashant Kishor and others for allegedly instigating the students' protest in Patna's Gandhi Maidan.According to the police, Kishor and other members of his party provoked the candidates, prompting them to take to the streets and create disturbances in different parts of the city.Prashant Kishor's 3-day Ultimatum to Nitish Kumar Govt Prashant Kishor on Thursday had given a three-day time to the Nitish Kumar government in Bihar to resolve issues related to the alleged question paper leak of a recent PSC exam.The state has been witnessing a widespread demonstration by civil service aspirants over the issue and the police faced criticism for using force on protesters.Kishor, whose Jan Suraaj party had last week written to Chief Secretary Amrit Lal Meena for cancellation of the examination held by the Bihar Public Service Commission (BPSC) on December 13, warned the police of protests if job seekers are baton-charged in future.The Jan Suraaj party chief on Thursday reached Gardani Bagh, the designated place for organising protests or dharna, where civil service aspirants have been holding a sit-in for the last several days and demanding cancellation of the December 13 exam."The government must meet protesting students or their representatives and consider their demand for re-examination. I am giving an ultimatum to the state government. The administration must resolve this issue within three days," Kishor said.He extended support to the protesters and said he would join a march on Monday."I am always here to support the students. I will also join protest march of the students tomorrow. I will be at the forefront. If the police resort to baton-charge, I will be the first to face that. The police action against students on Wednesday is highly condemnable," he said while addressing the protesting aspirants.Chaos erupted outside the BPSC office on Wednesday when police baton-charged the protesters who were seeking cancellation of the 70th Integrated Combined Competitive Examination (CCE) 2024.The demonstrators alleged irregularities in the exam, including paper leaks, and sought re-examination.A group of protesters marched towards the BPSC office to press their demands, and a confrontation between police personnel and the job seekers ensued after they were stopped.RJD supremo Lalu Prasad also condemned the police action against protesting job aspirants."Police action against protesting students was wrong. Police should not have done this", Lalu told reporters in Patna on Thursday.Kishor also claimed, "A covil service aspirant died by suicide in Patna on Tuesday, it is unfortunate. The government should announce a compensation of Rs 10 lakh for the family of the deceased." It may be recalled that 25-year-old Sonu, a resident
of Patna's Paliganj area, was preparing for competitive exams and he died allegedly by suicide in the Kankarbagh area of Patna on Tuesday.Locals and his relatives informed police that Sonu, who was preparing for multiple competitive exams, including Bihar Public Service Commission (BPSC) , was living under tremendous stress for the last few months "due to different exams and anxieties about his career", police officials had said.Patna-based popular vlogger Motiur Rahman Khan, known as Guru Rahman, also joined the protests at Gardani Bagh on Thursday.However, Guru Rahman expressed strong displeasure over Kishor's alleged attempt to derive political mileage out of the protest and declared that the Jan Suraj party chief would not be allowed to join the stir on Friday."I am with students and will fight for the cause for which they have been protesting here for the last nine days. We will not allow any opposition leaders to come here and derive political mileage out of the protest. Students demanded the cancellation of the entire exam held on December 13 from the government. Only, if somebody from the ruling party comes here, then we will allow them," said Rahman.Rahman also asked, "Where was Kishor for the last nine days ? He (Kishor) will not be allowed to join the protest of job aspirants tomorrow".When asked about police preparing to register a case against him for instigating students, he said, "I don't care about all these. I will keep fighting for the cause of students".The opposition Congress and Purnea MP Pappu Yadav condemned police action against protestors.Yadav said he would call a Bihar bandh on January 1 if the December 13 examination was not cancelled.Meanwhile, a Delhi-based tutor was held on Thursday on the charge of instigating aspirants who tried to "storm into" the BPSC office in Patna.Patna's District Magistrate (DM) Chandrasekhar Singh told PTI that preliminary investigations into Wednesday's protests found that one Rohit, a tutor, mobilised and instigated the aspirants.Senior Superintendent of Police (SSP) Rajeev Mishra said, "Initial investigations have revealed that Rohit had come from Delhi and brought along a number of persons, including girls, posing as disgruntled job aspirants. He is being examined by the investigators." The source of their funding is also being investigated as they seem to be part of a larger conspiracy, he said."We are probing the larger conspiracy behind yesterday's incident. What is the source of funding for those who came from outside the state to instigate civil service aspirants is also the focus of our probe. Rohit seems to be the mastermind of yesterday's protest. Patna Police will send a preliminary report to the Economic Offences Unit (EOU) to investigate their source of funding," he told PTI.Alleging irregularities in the 70th Integrated CCE, aspirants demonstrated outside the BPSC office and sought re-examination.The police baton-charged the aspirants to bring the situation under control. [ad_2] Source link
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[ad_1] New Delhi: Strategist-turned-politician Prashant Kishor has thrown his support behind the ongoing protests by Bihar Public Service Commission (BPSC) aspirants. While addressing allegations surrounding his involvement in the protests, Kishor clarified that he left the protest site 45 minutes before police resorted to lathicharge on the candidates. Kishor has also vowed to take legal action against the police, stating, “We will file an FIR against the police and also approach the court regarding this matter.” Prashant Kishor has Laid Out Five Dey Demands: 1. A re-examination for the BPSC 70th prelims. 2. Financial assistance of Rs 10 lakh for Sonu’s (Student preparing for BPSC who died by suicide) family3. Complete withdrawal of cases filed against candidates involved in the protests. 4. Immediate steps to address grievances of aspirants. 5. Assurance of fair and transparent processes in future BPSC exams. Kishor warned that if the demands are not met, he will lead an indefinite dharna starting January 2. “The government must act responsibly and address these issues. If they fail to do so, we will escalate our protest,” he said. Case Against Prashant KishorThe Bihar Police has also filed a case against Prashant Kishor and others for allegedly instigating the students' protest in Patna's Gandhi Maidan.According to the police, Kishor and other members of his party provoked the candidates, prompting them to take to the streets and create disturbances in different parts of the city.Prashant Kishor's 3-day Ultimatum to Nitish Kumar Govt Prashant Kishor on Thursday had given a three-day time to the Nitish Kumar government in Bihar to resolve issues related to the alleged question paper leak of a recent PSC exam.The state has been witnessing a widespread demonstration by civil service aspirants over the issue and the police faced criticism for using force on protesters.Kishor, whose Jan Suraaj party had last week written to Chief Secretary Amrit Lal Meena for cancellation of the examination held by the Bihar Public Service Commission (BPSC) on December 13, warned the police of protests if job seekers are baton-charged in future.The Jan Suraaj party chief on Thursday reached Gardani Bagh, the designated place for organising protests or dharna, where civil service aspirants have been holding a sit-in for the last several days and demanding cancellation of the December 13 exam."The government must meet protesting students or their representatives and consider their demand for re-examination. I am giving an ultimatum to the state government. The administration must resolve this issue within three days," Kishor said.He extended support to the protesters and said he would join a march on Monday."I am always here to support the students. I will also join protest march of the students tomorrow. I will be at the forefront. If the police resort to baton-charge, I will be the first to face that. The police action against students on Wednesday is highly condemnable," he said while addressing the protesting aspirants.Chaos erupted outside the BPSC office on Wednesday when police baton-charged the protesters who were seeking cancellation of the 70th Integrated Combined Competitive Examination (CCE) 2024.The demonstrators alleged irregularities in the exam, including paper leaks, and sought re-examination.A group of protesters marched towards the BPSC office to press their demands, and a confrontation between police personnel and the job seekers ensued after they were stopped.RJD supremo Lalu Prasad also condemned the police action against protesting job aspirants."Police action against protesting students was wrong. Police should not have done this", Lalu told reporters in Patna on Thursday.Kishor also claimed, "A covil service aspirant died by suicide in Patna on Tuesday, it is unfortunate. The government should announce a compensation of Rs 10 lakh for the family of the deceased." It may be recalled that 25-year-old Sonu, a resident
of Patna's Paliganj area, was preparing for competitive exams and he died allegedly by suicide in the Kankarbagh area of Patna on Tuesday.Locals and his relatives informed police that Sonu, who was preparing for multiple competitive exams, including Bihar Public Service Commission (BPSC) , was living under tremendous stress for the last few months "due to different exams and anxieties about his career", police officials had said.Patna-based popular vlogger Motiur Rahman Khan, known as Guru Rahman, also joined the protests at Gardani Bagh on Thursday.However, Guru Rahman expressed strong displeasure over Kishor's alleged attempt to derive political mileage out of the protest and declared that the Jan Suraj party chief would not be allowed to join the stir on Friday."I am with students and will fight for the cause for which they have been protesting here for the last nine days. We will not allow any opposition leaders to come here and derive political mileage out of the protest. Students demanded the cancellation of the entire exam held on December 13 from the government. Only, if somebody from the ruling party comes here, then we will allow them," said Rahman.Rahman also asked, "Where was Kishor for the last nine days ? He (Kishor) will not be allowed to join the protest of job aspirants tomorrow".When asked about police preparing to register a case against him for instigating students, he said, "I don't care about all these. I will keep fighting for the cause of students".The opposition Congress and Purnea MP Pappu Yadav condemned police action against protestors.Yadav said he would call a Bihar bandh on January 1 if the December 13 examination was not cancelled.Meanwhile, a Delhi-based tutor was held on Thursday on the charge of instigating aspirants who tried to "storm into" the BPSC office in Patna.Patna's District Magistrate (DM) Chandrasekhar Singh told PTI that preliminary investigations into Wednesday's protests found that one Rohit, a tutor, mobilised and instigated the aspirants.Senior Superintendent of Police (SSP) Rajeev Mishra said, "Initial investigations have revealed that Rohit had come from Delhi and brought along a number of persons, including girls, posing as disgruntled job aspirants. He is being examined by the investigators." The source of their funding is also being investigated as they seem to be part of a larger conspiracy, he said."We are probing the larger conspiracy behind yesterday's incident. What is the source of funding for those who came from outside the state to instigate civil service aspirants is also the focus of our probe. Rohit seems to be the mastermind of yesterday's protest. Patna Police will send a preliminary report to the Economic Offences Unit (EOU) to investigate their source of funding," he told PTI.Alleging irregularities in the 70th Integrated CCE, aspirants demonstrated outside the BPSC office and sought re-examination.The police baton-charged the aspirants to bring the situation under control. [ad_2] Source link
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How to Prepare for the Bihar Judiciary Exam: A Complete Guide for Aspiring Judicial Officers
The Bihar Judiciary Exam is one of the most prestigious exams for law graduates who aspire to become judicial officers in the state. Clearing this competitive exam requires thorough preparation, strong foundational knowledge of law, and effective study strategies. This article outlines a comprehensive approach to preparing for the Bihar Judiciary Exam, covering essential tips, study materials, time management strategies, and more.
Understanding the Bihar Judiciary Exam The Bihar Judiciary Exam, also known as the Bihar Public Service Commission (BPSC) Judicial Service Exam, is conducted to recruit Civil Judges in the state. The exam consists of three main stages:
Preliminary Examination: Objective-type questions covering general studies and law subjects. Mains Examination: Descriptive papers on law and general subjects. Interview: To assess the candidate’s personality, legal aptitude, and overall suitability for the judiciary. Key Syllabus Topics for the Bihar Judiciary Exam To succeed in this exam, candidates should focus on the following subjects:
Indian Penal Code (IPC) Code of Civil Procedure (CPC) Code of Criminal Procedure (CrPC) Evidence Act Contract Act Property Law General Knowledge and Current Affairs General Hindi and English Top Tips to Prepare for Bihar Judiciary Exam
Understand the Exam Pattern and Syllabus Before beginning preparation, familiarize yourself with the syllabus and exam pattern. The preliminary exam covers general knowledge and law, while the mains exam focuses on detailed questions on law subjects. Knowing the exact syllabus helps you target specific topics and structure your study plan effectively.
Develop a Structured Study Plan Create a study plan that covers all the subjects systematically. Allocate more time to topics with higher weightage and prioritize subjects where you need improvement. Break down your preparation into weekly and monthly targets to maintain a steady progress.
Use Standard Study Materials Quality study materials are essential to ace the judiciary exam. Here are some recommended books and resources:
Indian Penal Code (IPC): Ratanlal and Dhirajlal’s The Indian Penal Code Code of Civil Procedure (CPC): C.K. Takwani’s Civil Procedure Code of Criminal Procedure (CrPC): Ratanlal and Dhirajlal’s The Code of Criminal Procedure Evidence Act: Batuk Lal’s The Law of Evidence Contract Act: Avtar Singh’s Law of Contract General Knowledge: Lucent’s General Knowledge for basic knowledge and newspapers for current affairs.
Practice Answer Writing Answer writing is critical for the mains examination, which is descriptive. Practice writing clear, concise, and well-structured answers. Focus on legal terminology, case laws, and recent judgments to add depth to your answers. Time your practice sessions to build speed and accuracy.
Take Mock Tests Regularly Mock tests help you assess your readiness and identify areas for improvement. Attempt mock tests regularly to simulate the exam experience. They help improve time management, accuracy, and confidence. Many coaching institutes, such as Upadhyay Law Gurukul in Patna, offer high-quality mock tests that replicate the actual exam pattern.
Focus on Bare Acts and Case Laws Thoroughly read and understand the Bare Acts, as they are the foundation of legal knowledge for the exam. Additionally, stay updated with recent Supreme Court and High Court judgments, especially those relevant to Bihar. Understanding landmark judgments and recent cases will give you an edge in the interview.
Revise Regularly Revision is crucial to retain information. Make concise notes while studying, focusing on important sections, articles, and legal principles. Periodically review these notes to reinforce your memory, especially for laws with lengthy provisions.
Join a Reputed Coaching Institute (Optional) For structured guidance, you may consider enrolling in a reputable judiciary coaching institute, such as Upadhyay Law Gurukul in Patna. A good coaching institute can provide expert faculty, well-organized study materials, and effective mock tests tailored for the Bihar Judiciary Exam.
Why Choose Upadhyay Law Gurukul for Bihar Judiciary Exam Preparation? Upadhyay Law Gurukul is a trusted name in Patna for judiciary coaching. Here’s why it’s beneficial for Bihar judiciary aspirants:
Experienced Faculty: The institute has qualified faculty with extensive experience in judiciary exams. Comprehensive Curriculum: They offer in-depth coverage of the Bihar Judiciary Exam syllabus. Regular Mock Tests: Mock tests are modeled on the actual exam pattern to help students improve their speed and accuracy. Personalized Guidance: Small batch sizes ensure personalized attention and one-on-one doubt-clearing sessions. Important Topics to Focus on for Bihar Judiciary Exam General Knowledge and Current Affairs: This is essential for the preliminary exam. Focus on events related to the judiciary, recent judgments, amendments, and legal news. Code of Criminal Procedure (CrPC) and Evidence Act: These are highly scoring sections, so ensure thorough preparation. Constitutional Law: Understanding constitutional provisions and key articles related to Fundamental Rights, Directive Principles, and the Judiciary. Judgments and Case Laws: Familiarize yourself with landmark judgments and recent judgments related to your syllabus topics. Time Management Tips for Bihar Judiciary Preparation Daily Study Routine: Dedicate at least 6-8 hours daily to preparation, divided into focused sessions on different subjects. Balanced Approach: Divide your time between law subjects, general knowledge, and answer writing practice. Breaks and Self-Care: Take regular breaks and prioritize mental well-being to avoid burnout. Conclusion Preparing for the Bihar Judiciary Exam requires dedication, structured planning, and the right resources. By following a systematic approach, practicing answer writing, and staying updated with recent legal developments, you can enhance your chances of success. For aspirants seeking guidance, joining a reputable institute like Upadhyay Law Gurukul in Patna can provide the support needed to excel. With the right preparation strategy and consistent effort, you’ll be well on your way to achieving your dream of becoming a judicial officer in Bihar.
#bestjudiciarycoaching#judiciary#judiciarycoachinginpatna#judicialservice#judiciarypreparation#preparingforjudiciary#judiciaryclasses
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"Unyielding Persistence: Overcoming Time's Play in the Pursuit of Justice"
In the relentless pursuit of a dream, sometimes life throws curveballs that test our resolve and patience. For Rakshit Shivam Prakash, an aspiring UPSC candidate, the journey was marked by unforeseen challenges and unexpected turns. Just when he thought all hope was lost, a twist of fate and unwavering persistence brought him back into the race for justice.
Rakshit Shivam Prakash v. Union of India & Another
WP (Civil)890/2023
Before the Supreme Court of India
Hear by Hon'ble Mr. Justice P S Narasimha J & Hon'ble Mr. Justice Pankaj Mithal J
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A Battle Against Time: The Pursuit of Justice
In the intricate journey of aspiring for a position in the Union Public Service Commission (UPSC), Rakshit Shivam Prakash found himself amidst unexpected challenges. The year was 2014, and the rigorous selection process for the Civil Services Examination was underway. Rakshit qualified through the Prelims, Mains, and even the Interview. He was called for a medical examination on April 29, 2015, conducted by the Central Standing Medical Board. However, fate had a different plan; he was declared ‘temporarily unfit’ due to a Body Mass Index (BMI) of 31.75, just above the prescribed standard of 30 BMI. A re-medical test was scheduled for July 14, 2015.
Then, an unusual twist occurred. On July 4, 2015, UPSC published the final result, and Rakshit’s name was absent. Disheartened and assuming the selection process was over, he missed the re-medical test. It seemed that time had conspired against him, leaving him to face the harsh reality of unfulfilled dreams.
But, as they say, the most amazing things happen when you least expect them. On January 19, 2016, a consolidated reserve list of 126 candidates was published to fill remaining posts. Astonishingly, Rakshit secured the 93rd rank in this list. Candidates ranked below him were allocated services, reigniting his hopes and transforming his disappointment into a legitimate claim.
Rakshit approached the Central Administrative Tribunal in Patna, seeking equal treatment as others in the reserve list. However, his application was dismissed based on a similar case of Mr. K. Rajashekhara Reddy, who also missed qualifying in the medical examination. Undeterred, Rakshit filed a Writ Petition before the High Court of Patna.
During the pendency of his Writ Petition, a surprising development occurred. The High Court of Telangana ruled in favor of Mr. K. Rajashekhara Reddy on April 6, 2021, and the Supreme Court later directed a re-medical examination, finding him fit for all services. This decision rekindled Rakshit’s determination, leading him to withdraw his Writ Petition and make a fresh representation to the Respondent Authorities.
However, his representation was met with a setback. The Department of Personnel and Training upheld the Government’s stance on the time limit for medical re-examination, confirming his status as ‘Unfit for all Services.’ This led Rakshit to approach the Supreme Court under Article 32, seeking directions for allocation of service and a re-medical examination.
In August 2023, the Supreme Court entertained his petition. Despite rejecting his plea for allocation of service and consequential benefits, the Court acknowledged the unique circumstances. It directed a re-medical examination to be conducted within four weeks, providing a glimmer of hope amidst the prolonged struggle.
Rakshit’s story exemplifies how unusual circumstances and the passage of time can either thwart or favor our aspirations. Whether it was the unexpected twist of finding his name in the reserve list or the favorable decision for a re-medical examination, it underscores the importance of persistence and vigilance in the face of adversity.
Seema Bhatnagar
#UPSC Civil Services Examination#Re-medical Examination#Supreme Court Order#Perseverance in Adversity#Time and Fate#Judicial Relief#Article 32 Petition#Central Administrative Tribunal#Reserve List Candidates#Re-medical Test Directive
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Top Contender: Why Amity University Is One Of The Top Law Colleges In Bihar
Have you ever felt a burning desire to fight for what's right and to wield the power of the law to create positive change? If this is so, then a career in law might just be the thing you’re looking for. Law is a mix of mentally challenging and tactical segments that requires a thinking process alongside the bonus of being able to change the world for the better. Thus, choosing appropriate law school is crucial in achieving the mentioned benefits.
This article talks about— why studying law is a smart move, why Amity University stands out as the top law college in Bihar, and the eligibility criteria for prospective students.
Why Pursue a Law Degree?
It is also important to note here that a law degree is not merely a pathway to the practice of law but also a study of frameworks of society and justice. Students who pursue law as their course have the opportunity to choose many fields and work in companies, the civil service, academia, or any other legal practice such as consultancy. Further, knowledge in law is useful to acquire critical thinking, problem solving skills, as well as skill in communication all of which are important when working in different places.
Amity University: A Premier Law College in Bihar
When it comes to top law colleges in Bihar, Amity University is often highlighted for its exceptional law program. Here are several reasons why Amity University is an ideal choice for law aspirants:
Comprehensive Curriculum
Amity University’s law program is meticulously designed to cover all essential aspects of legal education. These include constitutional law, criminal law, corporate law, International law, and many others. Due to this broad overview, the students come out with a balanced education, suitable for various legal professions.
Experienced Faculty
The faculty at Amity University is a blend of accomplished academicians and seasoned legal professionals. The learners benefit from these practitioners because their knowledge and experiences concerning specific fields are invaluable. Students are surely fortunate to have them as their mentors and gain both theoretical education as well as practical experience.
Advanced Infrastructure
Amity University boasts state-of-the-art infrastructure, including modern classrooms, well-stocked libraries, and advanced moot court facilities. These resources create an environment conducive to learning and research, allowing students to thrive academically and professionally.
Strong Industry Connections
One of the significant advantages of studying law at Amity University is its robust industry connections. The university has collaborations with leading law firms, corporate houses, and legal institutions. These partnerships provide students with opportunities for internships, practical training, and placements, giving them a head start in their careers.
Eligibility Criteria for Law Programs at Amity University
To gain admission to the law program at Amity University, prospective students must meet specific eligibility criteria. Here’s what you need to know:
Educational Qualifications: Applicants must have completed their higher secondary education (10+2) from a recognized board with a minimum aggregate score, typically around 50-60%. The specific requirements may vary slightly depending on the law program you are applying for.
Entrance Exam: Candidates are often required to appear for an entrance exam, such as the Common Law Admission Test (CLAT) or Amity’s own entrance test. Such exams assess the candidate’s aptitude and knowledge in relevant subjects.
Personal Interview: Shortlisted candidates may also need to attend a personal interview. Interview session helps the university evaluate the candidate’s communication skills, motivation, and suitability for the program.
Conclusion
Choosing the right law college in Patna, is a crucial step that can shape your future career in Law. Amity University, with its comprehensive curriculum, experienced faculty, state-of-the-art infrastructure, strong industry connections, and national recognition, stands out as one of the top law colleges in Bihar. If you’re considering pursuing a law degree, Amity University in Patna should be at the top of your list. Such a combination of academic rigor and practical experience provided by Amity ensures that its graduates are well-prepared to succeed in the competitive field of law. Apply Now!
Source: https://sites.google.com/view/law-colleges-in-bihar-/home?authuser=2
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Best Judicial Classes in patna
Learning about procedural rules governing court proceedings, including rules of evidence, civil and criminal procedure, and appellate practice.
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Arya Samaj Marriage In Patna
The Arya Samaj advocates for monotheism, equality, and rational thinking. Its teachings emphasize the importance of education, self-discipline, and community service. Arya Samaj plays a crucial role in promoting social reforms. It simplifies rituals and ceremonies, making them accessible and meaningful for modern individuals and families. Court marriage is a civil contract between two individuals, registered under the Special Marriage Act of 1954. It provides a legal framework for marriages that do not conform to religious customs.
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Administrative, Judiciary and Reforms of Lord Cornwallis :-
Major Reforms of Lord Cornwallis :-
1). He eliminated many jobs that were held only to please the executives or members of the control board.
2). He forced the management of the company to increase the wages of the workers.
3). The personal business of the employees of the company was banned.
4). It was during his reign that rules were made that no Indian could be given a post higher than Droga or Munshi and his salary could not exceed 500 pounds. This was a great blunder by Cornwallis and a stain on his name.
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2). Judicial Reforms
1). Following Civil Courts :- Cornwallis established a series of civil courts. At the lowest level were the Munsif's courts, headed by Indian officials. They could hear cases up to Rs.50. Above these were the registrar's courts, which were under European judges. They had the right to hear cases up to Rs.200. Above these were the district courts. District Courts were under District Judges. These courts heard appeals against lower courts.
2). Provincial Courts :- Four Provincial Courts were established to hear appeals against the District Courts. They were established in Calcutta, Dhaka, Patna and Murshidabad. The judges of these courts were Englishmen and they heard appeals against suits up to 100 Rs. Apart from hearing the cases, their main task was also to observe the courts. Read more :-
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Choose Clat Course With Best CLAT Coaching in Patna
A career in law at one of these prestigious universities is a dream come true for any CLAT applicant. The exam is held annually across India for the finest national law universities. CLAT is also used as a basic eligibility requirement by low-ranking government law schools and other private universities. The priority of every law aspirant is to qualify for CLAT, so aspirants must devise a clear study plan and implement the following tactics from the Clatians best Clat Coaching in Patna, to prepare effectively for the test.
After graduation, every student desires to pursue a career of their choice. However, due to a lack of knowledge and appropriate direction, the majority of students finally choose to study somewhere else or something different. Since its founding eight years ago, Clatians has offered its students a "complete solution," beginning with course selection and entrance to the right university.
Clatians is best Clat coaching in Patna, known for its high-quality teaching, highly qualified professors, sincerity and transparency, and high student satisfaction. Many students have been mentored by our organization, and they are succeeding in their chosen industries. Our institute is well-known for its creative approaches to assisting students in honing their talents and flourishing in today's competitive industry.
Clatians is always available to assist students in selecting the appropriate subject and university at the appropriate moment. Our highly qualified faculty will react to their questions. Before enrolling in any course, students should take a personality test to determine their relative standing as well as their strong and weak aspects, and then prepare accordingly.
Oppurtunities For Clat Aspirants After Graduation
After finishing graduation, one Clat aspirants can work for any international corporation or consulting business, be a part of the legal cells of private and public sector companies, work for global audit and corporate firms, and have many other opportunities. Previously, students might specialize in either civil or criminal law. However, this paradigm has completely altered, and students can now choose to concentrate in a variety of areas like patent law, business law, and so on. A law degree not only permits you to work as a lawyer in the courts, but it also offers up a variety of job opportunities in fields such as administrative services, corporate management, and legal services.
This exam's English Comprehension component is simple to score because it is meant to assess vocabulary, complete knowledge, and applied grammatical skills. Vocabulary development is a lengthy and steady process that can take months of daily work and practice. Set a daily goal of learning five to ten new terms and using them in your interactions. Keep a dictionary nearby to learn words at random, and download word-based games to your phone for a pleasant learning experience.
Clatians- Best Clat Coaching in Patna
Overcome The Challenges of Clat Preparation
Comprehensive inquiries can be a piece of cake if you patiently devote time to regular reading. Before answering questions, read them again for concept clarity. The secret to fast reading is to break sentences apart and try to understand every word in context. According to the most recent exam pattern, comprehensive-type questions in all sections of the exam are of significant priority.
Reading, whether in newspapers, blogs, magazines, websites, or editorials, is and will always be an important element of CLAT preparation. Reading will also improve your general knowledge and vocabulary. Installing current affairs and news apps on your phone helps keep you up-to-date on global events.
Do you want to make attempting the logical reasoning section as simple as possible? Simply understand the proper strategy for answering the questions through regular practice. Use tactics and tried-and-true procedures to answer questions quickly and accurately. The reasoning portion will undoubtedly benefit from the daily practice of these strategies and formulas.
Since CLAT aspirants no longer need to memorize static general knowledge, following one or two credible news and current affairs sources religiously is sufficient to do the job efficiently. Important national and international awards, modifications to the Indian Constitution, the legal system, and recently approved bills (dates, facts, and sections) all necessitate special consideration.
Don't put it off! Start the mock tests right away. Even if your curriculum isn't finished, simulated tests will help you self-assess your level of preparedness. Determine your flaws and concentrate your efforts on eliminating them. Maintain rigorous adherence to all exam instructions and time constraints, and prevent distractions throughout examinations.
Although it can be challenging to manage time properly with busy school and tuition schedules, plan your routine to make the most of it. Set and achieve daily goals. Make a schedule and stick to it. Never sacrifice your practice time. Timing your question sets and mock examinations is essential. Maintain a growth chart or a journal and practice on a regular basis.
The tactics listed above will undoubtedly help you pass the upcoming CLAT exam with ease. Don't overlook the most important aspect of preparation: self-belief. Be confident in your decisions and trust your instincts. Try to incorporate the method as much as possible into your daily life. CLAT preparation is quite demanding; therefore, take good care of your mental and physical health.
Eat healthily and get enough rest for your mind and body. CLAT appears to be too difficult. Clatians the best CLAT coaching in Patna, Bihar, is always there to help you succeed. If you have any questions or concerns about the CLAT exam, please visit our website. We will gladly assist you! Best wishes!
Common questions asked about Clat Exam
Can I crack CLAT without coaching?
Indeed, a lot of students have passed the CLAT without any official training. Your commitment, self-discipline, and a well-organized study schedule are the main factors that will determine your success in the CLAT. Self-study can be an excellent way to be ready for the CLAT, especially if you're driven, have access to the correct resources, and take a methodical approach.
Which stream is best for CLAT?
There is no single stream that is thought to be the best for CLAT. CLAT is open to students from various disciplines, including science, commerce, and the humanities and arts. Your course of study should correspond to your interests and job objectives. Candidates with a well-rounded education, good analytical and communication abilities, and a genuine interest in pursuing a career in law are often sought after by law schools. Clatians is famous for Best Clat Coaching in Patna.
Is CLAT worth doing?
If you have a true passion for law, are prepared for the academic obstacles, and see a clear career path in the legal area, CLAT may be worthwhile. Before deciding whether CLAT is the correct decision for you, you must carefully consider your interests, aspirations, and the commitment required for law school.
#clat#clat coaching#best clat coaching#best clat coaching in patna#clat coaching in patna#clat 2024#clat exam#clat preparation
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Law College in Patna: A Guide to Legal Education and Career Opportunities
Introduction
Choosing the right law college in Patna is the first step toward a successful legal career. Patna, the capital of Bihar, is home to several prestigious law institutions that offer courses like LLB, BA LLB, and BBA LLB. These courses help students build a strong foundation in legal education and open doors to various career opportunities in law firms, corporate sectors, and government agencies.
In this blog, we will explore the best law colleges in Patna, their courses, career opportunities, and why studying law in Patna can be a great choice for aspiring lawyers.
Why Choose a Law College in Patna?
1. Rich Legal Heritage
Patna has a strong legal history and is home to the Patna High Court, one of India’s oldest high courts. Studying law in Patna provides students with exposure to real-world legal proceedings, internships, and networking opportunities with experienced lawyers and judges.
2. Affordable Education
Compared to law colleges in other metropolitan cities, law education in Patna is more affordable. Students get quality education at lower tuition fees, making it an attractive option for aspiring lawyers.
3. Growing Legal Opportunities
With the rapid economic and industrial growth in Bihar, the demand for legal professionals is increasing. Law graduates from Patna have ample opportunities to work in corporate law firms, judicial services, litigation, and legal consulting.
Top Law Courses Offered in Patna
1. Bachelor of Laws (LLB)
Duration: 3 years
Eligibility: Graduation in any stream
Career Options: Lawyer, Legal Advisor, Judicial Services, Corporate Law
2. BA LLB (Integrated)
Duration: 5 years
Eligibility: 10+2 from a recognized board
Career Options: Litigation, Civil & Criminal Law, Government Jobs
3. BBA LLB (Integrated)
Duration: 5 years
Eligibility: 10+2 from a recognized board
Career Options: Corporate Lawyer, Business Consultant, Legal Analyst
Best Law Colleges in Patna
Here are some of the top law colleges in Patna that offer high-quality legal education:
Ambedkar Law College
This college is recognized by the Bar Council of India and affiliated with Patliputra University.
Offers LLB, BA LLB, and BBA LLB programs
One of the oldest and most reputed law colleges in Bihar
Chanakya National Law University (CNLU)
A premier law university in Bihar
Offers BA LLB, BBA LLB, and LLM programs
Excellent infrastructure and faculty
Amity Law School, Patna
Part of Amity University
Offers integrated BA LLB and BBA LLB programs
Modern campus and industry-focused curriculum
Bihar Institute of Law
Affiliated with Magadh University
Offers LLB and BA LLB programs
Known for its experienced faculty and legal research
Chandragupt Institute of Management Patna (CIMP) – School of Law
Provides a specialized law curriculum with business insights
Focus on corporate and business law
Career Opportunities After Studying Law in Patna
After completing a law degree from a top law college in Patna, students can explore various career paths:
1. Litigation and Advocacy
Law graduates can start practicing as advocates in district courts, high courts, and the Supreme Court. They can also work under senior advocates to gain experience.
2. Corporate Lawyer
Many companies hire law graduates as corporate legal advisors to handle business contracts, mergers, acquisitions, and compliance.
3. Judicial Services
Law graduates can appear for Bihar Judicial Services Examination (BJSE) and become judges, magistrates, or public prosecutors.
4. Legal Consultancy
Graduates can work as legal consultants for firms, government agencies, and NGOs, providing advice on legal matters.
5. Academia and Research
For those interested in teaching, pursuing an LLM and PhD can lead to a career as a professor or legal researcher.
Admission Process for Law Colleges in Patna
The admission process for law colleges in Patna varies based on the institute and course. Here are the common ways to secure admission:
1. Entrance Exams
CLAT (Common Law Admission Test) – Required for admission to national law universities like CNLU.
BHU UET, DU LLB, LSAT – Other exams accepted by some private colleges.
BJSE (Bihar Judicial Services Exam) – For students who wish to become judges after their LLB.
2. Merit-Based Admission
Some law colleges in Patna provide admission based on 12th-grade marks (for BA LLB, BBA LLB) or graduation marks (for LLB).
3. Direct Admission
Private law colleges offer direct admission based on academic performance and personal interviews.
Conclusion
Choosing the best law college in Patna is a crucial decision for a successful legal career. With a strong legal heritage, affordable education, and growing job opportunities, Patna is emerging as a great destination for law aspirants. Whether you choose LLB, BA LLB, or BBA LLB, Patna’s law colleges provide the knowledge and skills required for a bright future in the legal profession.
If you are planning to pursue law in Patna, start by researching the best colleges, checking their eligibility criteria, and preparing for entrance exams. A career in law is not just rewarding but also a path to uphold justice and serve society.
Are you ready to begin your journey in legal education? Explore law colleges in Patna today and take the first step toward a successful legal career!
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PM Modi pitches for Uniform Civil Code
Bhopal: Prime Minister Narendra Modi on Tuesday pushed for the implementation of a Uniform Civil Code in the country and said Muslims are being instigated over the sensitive issue as he attacked Opposition parties over corruption, terming their Patna conclave as a mere “photo-op”. Even the Supreme Court has advocated for a Uniform Civil Code (UCC), but those practicing vote bank politics are…
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