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Showing posts from December, 2018

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
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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
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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
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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
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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
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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
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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
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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. 
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Principles Of Natural Justice

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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
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