๐๏ธ Legal Maxim of the Day (CLAT & PU Law Special)
"Actus Curiae Neminem Gravabit"
Meaning: An act of the court shall prejudice no man
Exam Relevance: Crucial for CLAT Legal Reasoning in cases involving judicial delays, procedural lapses, or the correction of errors by a court that might otherwise harm a litigant's rights.
- The Madhya Pradesh High Court denied anticipatory bail to an individual accused of forging his deceased mother's will to misappropriate property.
- The Court observed that forgery of a testamentary document is a serious offense requiring custodial interrogation to determine the involvement of other witnesses.
- Justice emphasized that the discretionary power under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) must be exercised sparingly in cases of document tampering.
โ๏ธ Legal & Constitutional Angle: Section 482 of BNSS (formerly Section 438 CrPC), Indian Succession Act 1925, and Sections 336/340 of Bharatiya Nyaya Sanhita (BNS) concerning forgery.
๐ฏ BNSS: Section 482 (Anticipatory Bail)
๐ฏ BNS: Forgery of Will
๐ฏ PU Law: Criminal Procedure GK
- The Karnataka State Law Commission has submitted recommendations to amend the Senior Citizens Rules to ensure faster disposal of maintenance claims.
- The proposal includes enhancing the powers of the Maintenance Tribunal and providing mandatory legal aid to indigent senior citizens under Article 39A.
- The State Government is currently evaluating the feasibility of setting a 90-day strict deadline for the resolution of all abandonment cases.
โ๏ธ Legal & Constitutional Angle: Article 41 (Right to public assistance), Article 39A (Free Legal Aid), and the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
๐ฏ Article 41: DPSP
๐ฏ Maintenance Act 2007
๐ฏ CLAT: Social Welfare Laws
- Indian crop insurance companies are seeking clarity on the Digital Personal Data Protection (DPDP) Act to utilize satellite and farmer data for claim settlements.
- The industry aims to establish 'Consent Managers' to streamline the flow of agricultural data while ensuring compliance with privacy norms.
- Concerns remain regarding the 'legitimate use' clause of the DPDP Act and whether it covers the mandatory sharing of land records for PMFBY.
โ๏ธ Legal & Constitutional Angle: Digital Personal Data Protection (DPDP) Act 2023, Section 4 (Grounds for processing personal data), and the role of Data Fiduciaries.
๐ฏ DPDP Act 2023
๐ฏ Data Fiduciary vs Data Principal
๐ฏ AILET: Digital Laws
Q1. Which section of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, corresponds to the provision for 'Anticipatory Bail' previously found under Section 438 of the CrPC?
A) Section 480
B) Section 482
C) Section 528
D) Section 437
โ Answer: (B) Section 482
Q2. Under the Indian Succession Act, 1925, what is the minimum number of witnesses required to attest a Will for it to be legally valid?
A) One
B) Two
C) Three
D) None (Self-attestation is sufficient)
โ Answer: (B) Two
Q3. Which Article of the Constitution of India directs the State to provide public assistance in cases of old age, sickness, and disablement?
A) Article 38
B) Article 41
C) Article 44
D) Article 47
โ Answer: (B) Article 41
Q4. Under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, what is the maximum monthly maintenance amount that a Tribunal can order (unless modified by State-specific amendments)?
A) โน5,000
B) โน10,000
C) โน25,000
D) No limit (based on standard of living)
โ Answer: (B) โน10,000
Q5. Under the Digital Personal Data Protection (DPDP) Act, 2023, a 'Data Fiduciary' is defined as:
A) The individual to whom the personal data relates
B) Any person who determines the purpose and means of processing personal data
C) A person who processes personal data on behalf of the government only
D) The regulatory body that oversees data protection
โ Answer: (B) Any person who determines the purpose and means of processing personal data
Q6. Which entity is established under the DPDP Act 2023 to act as a single point of contact for a Data Principal to give, manage, review, and withdraw consent?
A) Data Protection Officer
B) Consent Manager
C) Adjudicating Officer
D) Data Auditor
โ Answer: (B) Consent Manager
Q7. Which Article of the Indian Constitution empowers Parliament to make laws for the whole or any part of India for implementing any treaty, agreement, or convention with any other country?
A) Article 245
B) Article 246
C) Article 253
D) Article 262
โ Answer: (C) Article 253
Q8. The 'Harmon Doctrine', often cited in international water law disputes, primarily asserts that:
A) Upper riparian states have absolute sovereignty over water within their territory
B) Lower riparian states have a right to natural flow of water
C) All states must share water equitably regardless of geography
D) Water disputes must be settled only by the ICJ
โ Answer: (A) Upper riparian states have absolute sovereignty over water within their territory
Q9. Under the Banking Regulation Act, 1949, which body has the power to determine the policy in relation to advances and interest rates for banking companies?
A) Ministry of Finance
B) Securities and Exchange Board of India (SEBI)
C) Reserve Bank of India (RBI)
D) Indian Banks' Association (IBA)
โ Answer: (C) Reserve Bank of India (RBI)
Q10. LIC is a 'Statutory Corporation'. What does this term legally imply?
A) It is a company registered under the Companies Act, 2013
B) It is created by a special Act of Parliament
C) It is a private entity with government minority stake
D) It is a body that operates without any legislative oversight
โ Answer: (B) It is created by a special Act of Parliament