What Do You Mean By Judgement

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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...

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.                                                                               

 CHARACTERISTICS:-
1)Petition is file on behalf of a group or class of persons.                                 
2)These persons who on account of their socioeconomic or other constraints can not approach the court. 
3)The scope of the concept of locus standi has been widened.                      
4)Any public spirited person or member of an organisation can initiate it.                              5)It is a new concept of jurisprudence and it is still in a developing state.
6)It is a law proposed and propounded by the judges.                            
7)It gives rise to such causes of action where the legal damage has been caused to the public of large or a section of it.                               
                                           
NATURE OF PIL:-
Bhagawati,j.stated that PIL is not in the nature of advisory litigation but it is a challenge and an opportunity to the govt and its officers to make basic human rights meaningful to the deprived and vulnerable sections of to assure them social and economic justice which is the significant true to our constitution.                                                         
ABUSE OF PIL:-
we must be careful to see that the member of public who approach the court in case of this kind is acting bonafide and not for personal gain or private profit or political motivation or other oblique consideration.The court must not allow its process to be abused by politicians and others.  This observation makes it clear that his lordship was aware that this liberal rule of locus standi might be misused by rested interests.He therefore made it clear that in that case the court will not allow the remedy to be used. 


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