Posts

Showing posts from 2018

What Do You Mean By Judgement

Image
Meaning of Judgement : Judgement means the observation and decision of court of law in respect of a particular case after conclusion of a trial. Content of Judgement : Every Judgement - Shall be written in the language of the court. Shall contain the point or points for determination, the decision there on and the reason for the decision. Shall specify the offence of which and section of The Indian Penal Code, 1860 or other law under which the accused is convicted and the punishment to which he is sentenced. If the Judgement is of acquittal, it shall state the offence, of which the accused is acquitted and direct that he be set at liberty section 354(1). Object : The object should be to protect the society and to deter the criminal in achieving the avowed object of law by imposing appropriate sentence. The social impact of the crime like where its relates to offences against woman, kidnapping and other offences involving moral delinquency which have great impact on s
Post a Comment
Read more

Purpose or Object of the Law of Tort

The main purpose or object of the law of tort are :- The main object of the law of torts is to afford compensation to a person whose legally protected interest that is, rights has been violated by another person. It is served as a means of shifting the loss, caused to a person by wrongful act of another person, from the injured person to the person causing the injury. The purpose of the law of tort is not so much to punish the wrongdoers, but to adjust the losses in modern living and to afford compensation  for injuries sustained by one person as a result of the conduct of another. Prof. William L. Prosser says that in so broad a field where so many different types of individual interests are involved, and they may be involved in so many kinds of conduct, it is not easy to find any single guiding principle which determines when such compensation is to be paid. So far as there is one, it would seem that liability must be based upon conduct which is socially unreasonable. The comm
Post a Comment
Read more

Meaning of 'Credit Card' (Plastic Money)

Meaning of 'Credit Card' :- 'Credit Card' is also called as 'Plastic Money' 'Credit Card' is any card that may be used repeatedly to borrow money or buy products and services on credit. It is issued by banks, savings and loans, retail stores and other businesses. 'Credit Card' is issued by a financial company giving the holder an option to borrow funds, usually at point of sale. Credit cards charge and interest and are primarily used for short-term financing. Interest usually begins one month after a purchase is made and borrowing limits are pre-set according to the individuals credit rating. Credit cards have higher interest rates (around 19% per year) than most consumer loans or lines of credit. Almost every store allows for payment of goods and services through credit cards. Because of their wide spread acceptance, credit cards are one of the most popular forms of payments for consumer goods and services in the U.S. 'Credit card
Post a Comment
Read more

Distinction Between Electronic Signature and Digital Signature

There is some difference between electronic signature and digital signature, this are :- 1. Electronic signature is a generic, technology-natural term that refers to the universe of all of the various method by which one can 'sign' on electronic record, while digital signature is simply a term for one technology specific type of electronic signature. 2. Electronic signature can take many forms and can be many different technologies. The permit a board range of 'electronic signatures to satisfy the  requirements of a legal signature whereas digital signature involves the use of public key cryptography (asymmetric  cryptography ) to 'sign' a message. 3. Electronic signature a name typed at the end of an e-mail message by the sender, a digitized image of a handwritten signature that is attached to an electronic document, a secret code or PIN (such as that used with ATM cards and credits card) to identify the sender to the recipient ; a code or 'handl
Post a Comment
Read more

Meaning and Object of Natural Justice

Meaning of Natural Justice :- The word 'nature' implies inherent qualities or character. The expression 'natural' is adjective. It signifies inherent in, or in accord with, the regular course or things in the universe and without accidental or purposeful interference. Etymologically it means normal justice or commonsense justice. There are no certified causes of natural justice. Normally, natural justice involves the irritating inconvenience for men in authority of having to hear both sides since notice and opportunity are very essence. And this principle is so integral to good government the onus is on him who urges exclusion to make out why. In the words of Dr. D. Basu "Principles of natural justice are those principles which have been laid down by the courts as being the minimum protection of the rights of the individual against the arbitrary procedure that may be adopted by a judicial, quasi-judicial and administrative authority while making an order affect
Post a Comment
Read more

Meaning, Definition and Kind of Legislation

Meaning and definition of Legislation :-  The term legislation is derived from two Latin words - 'legis' and 'lation'.'Legis' means law and 'lation' means 'to make'. Etymologically, legislation means the making of law. According to Salmond, Legislation is the source of law, which consist in the declaration of legal rules by a competent authority. According to Grey, legislation means "the formal utterances of the legislative organs of the society". According to Austin, there can be no law without a legislative Act. According to V.D Mahajan, "The term legislation is sometimes used in a wider sense to include all methods of law-making. When a judge establishes a new principle by means judicial decision, he may be said to exercise legislative powers and not judicial powers. However this is not legislation in the strict sense of the term. The term legislation includes every expression of the legislation whether the s
Post a Comment
Read more

Main Purpose of Law

The main purpose of law as follows :- 1. According to analytical school, the main purpose of law is to maintain the law and order in society. It has to perform police functions. 2. According to Hobbes, law is brought into the world for nothing else but to limit natural liberty of particular men in such a manner as they might not hurt, but to assist one another and join together against a common enemy. 3.  According to Hindu law, the purpose of law was that it should aim at the welfare of the people in this world and also their salvation after death. 4. According to the Mohammedan law, the purpose of law is the discipline of the person, the improvement of morals and the preservation of life, property and reputation. 5. According to Rescoe Pound there are four purposes of law this are :- I) To maintain law and order. ii) To maintain status quo in society. iii) To enable individuals to have the maximum of freedom to assert themselves. iv) To ensure maximum satisfaction o
Post a Comment
Read more

Main Cause of Poverty

In our society poverty is the major factor. The main causes of poverty are as follows :- 1. Rapid growth of population. 2. Size of family. 3. Lack of motivation. 4. Low agricultural productivity. 5. Unequal distribution of land. 6. Immobility of labor. 7. Lack of employment opportunities. 8. Education. 9. Caste systems. 10. Joint family system. 11. Social custom. 12. Slow economic growth. 
Post a Comment
Read more

Principles Of Natural Justice

Image
1. For the purpose of enforcing the provisions of the Customs Act or the Central Excise Act or the Finance Act, 1994, the officers of Customs & Central Excise are empowered to decide whether an infringement or contravention has taken place and whether penal action is called for. Such procedures are known as adjudication proceedings and are also followed when the questions of classification, valuation, grant of refund, drawback, etc. are to be decided. Such proceedings are quasi-judicial in nature and do not require adherence to rigid court room proceedings.  However, principles of natural justice have to be strictly followed. 2. The term ―Principles of Natural Justice‖ (PNJ), derived from the expression „Jus Natural” of the Roman Law, does not have force of law as they may or may not form part of statute but they are necessarily to be followed. The adherence to principles of natural justice as recognized by all civilized States is of supreme importance when a quasijudicial
Post a Comment
Read more

Qualifications, Appointment, Tenure & Removal of Supreme Court Judges

Image
Qualifications, Appointment, Tenure & Removal of Supreme Court Judges Article 124 of the Indian Constitution provides for the establishment and constitution of Supreme Court of India, which is the apex court of India. It was established on 28th January, 1950 that is two days after the commencement of the Constitution. Article 124(1) - "There shall be a Supreme Court of India consisting of a chief Justice of India and, until Parliament by law prescribes a large number, of not more than seven other Judges." The Parliament is competent to increase the number of judges if it deems necessary. To begin with, besides the Chief Justice, there were only seven Judges. The Parliament has increased the number of Judges from time to time. As in 2014, there are 29 judges besides the Chief Justice who is also called the Chief Justice of India. The sanctioned strength of the judges is 31, consisting of the Chief Justice and 30 other Judges. Appointment of Judges :-
Post a Comment
Read more

Basic Characteristics of Indian Economy

Indian economy is an under developed economy in which Agriculture is the back bone of Indian economic. 60% of Indian's population are on the below poverty line. Mineral resources are not fully utilized. We are selling iron ore by trucks and getting blades by packets. Majority of the people of India are leading a poverty line. Indian economic is affected by it. Countries which are on the part of progress and which have their potential for development are called developing economy. So India is termed as developing economy by modern views. The important features of Indian Economic:- 1.Low per capita income: Indian economy is Under developed economy that is characterized by by low per capital income. India per capital income is very low as compared to the advanced countries. For example the capital income of India was 460 dollar, in 2000. Where as their capita income of U.S.A in 2000 was 83 times than India. This trend of difference of per capita income between under d
Post a Comment
Read more

Rule of Law: Meaning and Object

Image
Rule of Law Meaning: The Rule of Law is one of the pillars of democracy. It means the rule of the Government is according to the procedure established by law, not according to mercy of the executive. Lord Hewart defined it as "supremacy or the preponderance of law as against arbitrariness". According to Professor Dicey the main features of the rule of law are: (a) Absence of arbitrary power on the part of the Government. It means that the state must make a distinction between regular and arbitrary power. (b) It guarantees the equality before the law. Dicey says, "not only that no man is above the law", but is subject to the ordinary law of the realm and amenable to the jurisdiction of the ordinary tribunals". (c) "The Constitution is part of the ordinary law of the land". The rule of law is a basic structure of the Constitution apart from democracy. The rule of law postulates the pervasiveness of the spirit of law throughout
Post a Comment
Read more

Administrative Law: Definition, Purpose and Sources

Image
Definition: There is a great divergence of opinion regarding the definition of the concept of the administrative law. This is because of the tremendous increase in the administrative process that it makes impossible to attempt any precise definition of administrative law which can cover the entire range of the administrative process. Hence, one has to expect differences in scope and emphasis in defining the administrative law. This is true not only due to the divergence of the scope of the subject in the continental and Anglo-American legal systems. However, two important facts should be taken into account in an attempt at understanding and defining the administrative law. Firstly, administrative law is primarily concerned with the manner of exercising Governmental power. The decision-making process is more important than the decision itself. Secondly, administrative law can not fully be defined without due regard to the functional approach. This is to mean that the funct
Post a Comment
Read more

Administrative Tribunal: Defination, Characteristics, Criticisms and Categories

Image
There are a large number of laws, which charge the Executive with adjudicatory functions, and the authorities so charged are, in the strict scene, administrative tribunals. Administrative tribunals are agencies created by specific enactments. Administrative adjudication is a term synonymously used with administrative decision-making. The decision-making or adjudicatory function is exercised in a variety of ways. However, the most popular mode of adjudication is through tribunals. Definition of Tribunal: Tribunal is a quasi-judicial institution that is set up to deal with the problems such as resolving administrative or tax related disputes. It performs a number of functions like adjudicating disputes, determining rights between contesting parties, making an administrative decision, reviewing an existing administrative decision and so forth. Main characteristic of Administrative Tribunals: Administrative Tribunal is a creation of a statute. An Administrative Tribunal
Post a Comment
Read more

Public Corporation: Meaning, Features and Advantages

Image
Meaning of Public Corporation: A public corporation is that from of public enterprise which is created as an autonomous unit, by a special Act of the parliament or the state Legislature. Since a public corporation is created by a statute; it is also known as a statutory corporation. The statute defines the objectives, powers and functions of the public corporation. Life Insurance Corporation of India, the Indian Airlines, the Air India International, Oil and Natural Gas Commission etc. are some examples of public corporations, in India. Features of Public Corporation: Following are the salient features of a public corporation: (i) Special Statute: A public corporation is created by a special Act of the parliament or the State Legislature. The Act defines its power, objectives, functions and relations with the ministry and the parliament(or state Legislature). (ii) Separate Legal Entity: A public corporation is a separate legal entity with perpetual succession an
Post a Comment
Read more

Rule of Law and Administrative Law

Image
Meaning and Origin:-  The rule of law is product of centuries of struggle of the people for the recognition of their inherent rights. In classical Greece Aristotle wrote that "law should be the final sovereign". In 1215, the Magna Carta checked in the corrupt and whimsical rule of king John by declaring that Government should not proceed except in accordance with the law of the land. During the thirteenth century, Thomas Aquinas argued that rule of law represents the natural order of God as ascertained through divine inspiration and human resource. In the seventeenth century, the English jurist Sir Edward Coke asserted that the "king ought to be under no man, but under God and the law." Despite in ancient history,the rule of law is not celebrated in all quarters. The English philosopher Jeremy Bentham described the rule of law " nonsense on stilts." The twentieth century has seen political leaders who have oppressed disfavoured persons or groups, w
Post a Comment
Read more

Fundamental Duties

INTRODUCTION:- Prior to the 42th amendment of the constitution which came into force on 1st February,1977,there was no provision in the constitution dealing with the fundamental duties of a citizen.This article for the first time specifies a code of ten fundamental duties for citizens.Article 51A says that it shall be the duty of every citizen of India.                               1)To abide by constitution and respect its deal and institutions the national flag and national anthem.                                                                              2)To cherish and follow the noble ideas which inspired our national struggle for freedom.      3)To uphold and protect the sovereignty,unity and integrity of India.                                       4)To defend the country and render national service when called upon to do so.                    5)To promote harmony and the spirit of common brotherhood amongest all the people of India transcending religious, linguis
Post a Comment
Read more

Public Interest Litigation (PIL)

ORIGIN :-  Roman law,"Actio popularis" which permits anyone in society to initiate an action for public in the court of law.                                       GENERAL MEANING: - PIL is a litigation which a selfless citizen and an organisation having no personal motive of any kind except either compassion for the weak and disabled or deep concern for stopping serious public injury approaches the court either for-----                              1)Enforcement of fundamental rights of those who genuinely do not have adequate means of access to the judicial system. or                                                                                                 2)Extending benefit of the statutory provisions incorporating the DPSP to those who are deprived of the same. or                                                                                           3)Preventing or annulling executive acts, omission violative of the constitution or the law of land.
Post a Comment
Read more