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

Administrative Tribunal: Defination, Characteristics, Criticisms and Categories

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:

  1. Administrative Tribunal is a creation of a statute.
  2. An Administrative Tribunal is vested in the judicial power of the state and thereby performs quasi-judicial functions as distinguished from pure administrative functions.
  3. Administrative Tribunal is bound to act judicially and follow the principles of natural justice.
  4. It is required to act openly, fairly and impartially.
  5. An Administrative Tribunal is not bound by the strict rules of procedure and evidence prescribed by the civil procedure court.

Criticism of Tribunals:

  1. The tribunals consist of members and heads that may not possess any background of law.
  2. Tribunal do not rely on uniform precedence and hence may lead to arbitrary and inconsistent decisions.

Categories of Tribunals in India

There are four categories of tribunals in India:
  1. Administrative bodies exercising quasi-judicial functions, whether as part and parcel of the department or otherwise.
  2. Administrative adjudicatory bodies, which are outside the control of the department involved in the dispute and hence decide dispute like a judge free from judicial bias. Example: The Income Tax Appellate Tribunal is under the Ministry of Law and not under Ministry of Finance.
  3. Tribunals under Article 136 in which the authority exercises inherent judicial powers of the State. Because the functions of the body are considered important over the control, composition and procedure, even Departmental bodies can be classified as Tribunals.
  4. Tribunal constituted under Article 323A and 323B having a constitutional origin and enjoying the powers and status of a High Court.

Comments

Post a Comment

Popular posts from this blog

Discuss about Cyberspace

Meaning :-  Cyber Space is the electronic medium of computer network in which online communication takes place. Definition :- Cyberspace refers to the global network of independent information technology infrastructures, telecommunication networks and computer processing system in which on line communication take place. What is Internet ? The Internet is a vast computer network linking smaller computer network world wide. An internet is a series of computer network all hooked together. Individual computer can communicate with each other over the world because the network are inter connected. Origin of Internet :- The origin of the concept of internet was first documented by J.C.R. Licklider of MIT in August 1962 where he described the internet as the galactic network. Who owns the Internet ? No one actually owns the internet, and no single person or organization controls the internet in its entity. The internet is more of a concept than an actual tangible entity a...
Read more

What do you mean by Charge and Charge Sheet

Image
Define Charge : Under section - 211 it is a precise formulation of allegation against the accused. It is a first notice to the prisoner of informing him about the allegation. It is made in a specific format. The object is to convey the accused about the allegation brought against him. Essential of Charge : There should be specific name of the offence with relevant details. Under section - 211(1) it should be written in the language of the court. As an example In Bengal, it is written Bengali or English language. The relevant Act or law with section should be mention. All the legal condition must be fulfilled. The word should be clear and specific there should not be any vagueness or confusing matter. Charge Sheet : There should be a specific prescribed format where all the matter of charge in details is called charge sheet. Supplementary Charge Sheet :  All the details including name of witness description in matter should be clearly mention. If there...
Read more

Meaning, Nature and Uses of Jurisprudence

Meaning of Jurisprudence :- The word Jurisprudence is derived from its Latin equivalent "Jurisprudentia" meaning knowledge of law. 'Juris' denotes law and 'Prudentia' denotes knowledge. In the Oxford English dictionary, Jurisprudence is as knowledge or skill in law, the philosophy of law, a system or body of law. Nature of Jurisprudence :-  Regarding the nature of Jurisprudence, Jurisprudence is a science and not an art. Infect it is a progressive science. Jurisprudence does not merely connote a knowledge of law.  It is the lawyer's examination of the precepts, ideals and techniques of the law. It is a subject which differs in kind from other subject in the legal syllabus. On the other hand it does not constitute a set of rule, is not derived from any authoritative source and is without practical application. It comprises philosophy of law. Uses of Jurisprudence :- 1) It gives an understanding of the nature of law. 2) It helps in study of the...
Read more