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Showing posts from January, 2019

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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Meaning and Causes of Global Warming

Meaning of Global Warming :- Global Warming is an increase in the earth's temperature due to the use of fossil fuels and other industrial process leading to a build-up of "greenhouse gases"  (carbon dioxide, methane, nitrous oxide, and chlorofluorocarbons) in the atmosphere. Air pollution traps more heat in the atmosphere, rendering the earth more warmer. This effect is called "global warming". Causes of Global Warming :- The main causes of Global Warming is greenhouse gases. These are carbon dioxide, methane, nitrous oxide, chlorofluorocarbon and ozone. Generally these gases are present in rather small amounts but play a major role in the heat balance of atmosphere due to their capacity to absorb infrared radiations. By preventing long wave thermal radiation from radiating out of the atmosphere, the temperature of the atmosphere thus increases considerably. About 51% of the solar energy reaching the earth is absorbed by the earth's surface, whic
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When Can a PIL be Filed

PIL (Public Interest Litigation) can be filed only where any "public interest" is affected at large. Because if just a single individual is affected then that is not a ground for filing PIL(Public Interest Litigation). These are a portion of the conceivable areas where a PIL can be filed. 1) Where a manufacturing plant/industry is causing air pollution and individuals nearby are getting affected. 2) Where, in an area/road there are no street lights, causing inconvenience to people. 3) Where some "Banquet Hall" plays a boisterous music, in night causing noise pollution. 4) Where some development organization construction organization is chopping down trees, causing environmental pollution. 5) Where poor individuals, are influenced, in light of Government's arbitrary decision to impose heavy "tax". 6) For guiding the police/jail authorities to take suitable choices concerning jail reforms, for example, isolation of convicts, delay in the trial, p
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Distinction Between Act of State and Sovereign Authority

"An Act of State in respect of which the jurisdiction of the Courts is barred must be an act which does not purport to be done under colour of a legal title at all, and which could nether assert nor violate any right conferrable by law, but which must rest for its jurisdiction on considerations of external politics and inter-State duties and right. In dealing with its own subjects therefore a Government must defend its action as justified by positive law, and can not rely on a plea of political expediency which would only justify action in relation to foreign matters to which the law of the land does not extend" - Jahangir M. Cursetji v Secretary of State for India 6 Bom LR 131. "An act of State is different fundamentally from an act of a sovereign authority. An act of State operates extra territoriality. Its legal title is not any municipal law but the overriding sovereignty of the State. It does not deal with the subjects of the State but deals with aliens and forei
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Meaning of E-Banking

E-banking is also called as "Electronic Banking", 'Online Banking', 'Internet Banking', 'on line banking', 'Virtual Banking'. E-Banking involves information technology based banking. The banking service are delivered by way of a Computer-controlled System. It is like e-business in banking indirectly. It allows customers of a financial institution to conduct financial transactions on a secure website operated by the institution which can be a retail or virtual bank, credit union or building society. E-banking refers to the provisions of internet banking services via the internet through a Personal Computer(PC) or other access devices with internet capabilities. E-Banking system allows customers to manage accounts both in the national and a foreign currency and to obtain all the data needed about movement of funds on them in any corner of the world. To access a financial institution's online banking facility, a customer having personal i
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Legal Right (Definition and Essential)

What is right ? Right is an interest recognize and protected by rule of right or law. Essential of legal right :- 1) It is an interest. 2) This interest is recognized and protected by law or State. 3) This interest is against someone who is required to do something in fever of the person in whom due interest is vested. 4) If the person on whom the co-relative duty falls makes of this duty he is considered to have committed a wrong. Are right and duties are co-relative :-  Jurist generally agree that rights and duties are always connected to each other just as there can not be a father without a child or a child without a father. There can be no right without a corresponding duty and vice versa.  Right is always towards someone against whom the right is increased or on whom the corresponding duty. In the same way, duty is always towards someone in whom the right vests. The modern view is that right and duties are always co-relative and this has been supported by em
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Important Features of PIL(Public Interest Litigation)

Through the mechanism of PIL, the courts seek to protect human rights in the following ways :- 1) By creating a new regime of human rights by expanding the meaning of fundamental right to equality, life and personal liberty :- In this process, the right to speedy trial, free legal aid, dignity, means and livelihood, education, housing, medical care, clean environment, right against torture, sexual harassment, solitary confinement, bondage and servitude, exploitation and so on emerge as human rights. These new reconceptualised rights provide legal resources to activete the courts for their enforcement through PIL. 2) By democratization of access of justice :- This is done by relaxing the traditional rule of locus standi. Any public spirited citizen or socila action group can approach the court on behalf of the oppressed classes. Courts attention can be drawn even by writing a letter or sending a telegram. This has been called epistolary Jurisdiction. 3) By fashioning new ki
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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 and i
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Sources of Law

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Originally Salmond divided sources of law into two categories :- 1. Formal sources of law :- It is that source from which the force or validity of law is derived.  2. Material sources of law :-  It is that source from where the matter is derived.  In case of material sources of law it is classified into two categories:- a) Legal Sources :-  Legal sources are those sources which are recognized as such by law itself. It is authoritative. It is considered as the immediate sources of law. The rule which emanate from the legal source may be divided as follows  1. Statutory Laws :-  This are enacted by the legislature and as such legislation is the sole source of this rules. 2. Judicial decisions :- This are delivered by the court and develop in form of case law.  3. Customary Laws :- It is derived from custom.  4. Convention Laws :- The laws of convention have developed on the basis of contract and agreement. b) Historical Sources :- It effect t
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Modes of Acquisition of Property

According to Salmond, the modes of acquiring property are as follows : 1. Possession :- Possession of a thing is considered as the best mode of acquiring a property because possession of a person over a thing is considered as the best and prima-facie evidence of ownership. The possession of a material object is a title of the ownership of it. He who claims a chattel or a piece of land as his own and makes good his claim in fact by way of possession makes it good in law also by way of ownership. If a person in possession of a thing is deprived of the thing by a person other than the true owner, he can recover it. 2. Prescription :- Prescription may be defined as the effect of lapse of time in creating and destroying a right. It is of two kinds :- a) Positive or Acquisitive Prescription :- It is the creation of a right by lapse of time. An example of this prescription is the acquisition of a right of way, light, air or water by the de facto use or exercise of such right c
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Precedent (Definition, Merits and Demerits)

Definition of Precedent :- A previous instance or case which is or may be taken as an example or rule for subsequent cases or by which some similar act or circumstance may be supported or justified. Merits of Precedent :- 1) Precedent bring about  scientific development of law. 2) Precedent bring logical perfection in law and put law inform of principles. 3) Precedent guide judges and consequently they are prevented from committing mistakes which they would have committed in the absence of the precedent. 4) Precedent are based on customs.  5) Precedent the judges are prevented from any prejudice and partiality because precedent are binding on them. Demerits of Precedent :- 1) A very serious demerit of the doctrine of the precedent is that sometimes an extremely erroneous decision is established as law due to not being brought before a superior court. 2) A great demerit of doctrine of precedent is that development of law depend on the incidents of litigation. Someti
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Definition and Essential of Custom

Definition of Custom :- Custom is the embodiment of those principle which have been commended themselves to the national conscience as principles of justice and public utility. Essential of Custom :-  The essential of a valid custom are as follows  1) Antiquity :-  A custom to be valid must have existed for a long time. 2)Reasonableness :- A custom to be valid must not be unreasonable. It means that it must not be opposed to reason. 3) Continuity :- The custom must have remained in existence and acknowledged by the community without any break, for such a long duration.  4) Must not be opposed to public policy :- A custom to be valid must not be opposed to public policy. 5) Must not be opposed to moral :- A custom must in no way be an immoral one. It should not be opposed to decency and morality. 6) Consistent with any Act of Legislature :- The custom must not be contrary to an Act of the Legislature rather it should be in conformity with it. 7) Certaint
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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
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Discuss About Law (Meaning, Definition, Nature, Characteristics)

Meaning of Law :- The term law used widest sense in different societies. 1) Law means justice, morality, reason, order etc. from the point of view of society. 2) Law means statues, Acts, rules, regulation, order, ordinances etc. from the point of view of legislature. 3) Law means rules of court, decrees, judgement, orders of courts, injunctions etc. from point of view of judges. 4) Law means rights and remedies from the point of view of the people. Definition of Law :- Generally the term Law is used to mean three things :- 1) It is used to mean legal order. 2) Law means the whole body of legal precepts which exists in a politically organized society. 3) Law is used to mean all official control in a politically organized society. Nature of Law :- The most dominating feature of law is its uniformity. If there is no uniformity in the statements of the law, it can not be said to be a law. When there is uniformity in the law the state can established a proper course of
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Meaning and Kinds of Property

Meaning of 'Property' :- The word Property' means things owned, possession. According to Salmond, 'property' means proprietary rights in rem. As per John Austin, 'property' is a right availing against he world(jus in rem). Property can be defined as being the right to possess, use, enjoy and dispose of a thing. It includes any property over which any person has disposing power which he may exercise for his own benefit. Nature of 'property' :- In Transfer of Property Act, 1882 the word 'property' has been used in any one of the following senses :- 1) Tangible material things like land and houses, furniture and jewellery and pictures. 2) Rights which are exercised over material things like right to enjoy and possess, right to sell or to make a gift of things. 3) Right which are not exercised over any material things like a right to repayment of a debt. Kinds of 'property' :- Property can be for kinds. This are as follo
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Object of the Transfer of Property Act, 1882

This chief object of the Transfer of Property Act are two-folds. First to bring the rules whose regulate the transmission of property between living person into harmony with the rule affecting each devolution upon death and thus to the complement the work that commenced with the framing of the law of intestate and testamentary succession. Secondly to complete the code of law of contract, so fary as relates to immovable property. The following are the object of The Transfer of Property Act, 1882 :- 1) One of the object of the Act was to render the system of transfer of immovable property or system of public transfer. Registration is, therefore, generally insisted upon for completing a transfer accept in cases of transaction of small value. 2) Another object of the Act was to render more simple and efficient the law relating to mortgage. Section 60 of the T.P Act recognize the mortgagor's right redeem and his right has not been made subject to a contract to the contrary. Full ef
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When Wife is Entitled To Maintenance Under Hindu Law

Introduction :- Under the Hindu law a Hindu wife is entitled to claim maintenance from the husband during his lifetime. This duty of the husband to maintain his wife is a personal obligation not depending upon the possession of the property. Under the following exceptional circumstances a Hindu wife shall be entitled to live separately without forfeiting her claims to maintenance :- 1) Desertion :-  The wife is entitled to claimed maintenance when he was deserted by her husband. It means that she was abandoned by her husband without any reasonable cause or without her consent or against her wish or willfully neglecting her. The right to claim maintenance necessarily arises and her marriage to the husband. Her further right to claim such maintenance by way of a separate maintenance arises when she proves desertion by the husband. 2) Cruelty :- When the husband treated his wife with such cruelty as to cause to reasonable apprehension in her mind that it will be harmful or i
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Discuss About Hindu Marriage

Introduction :- According to Sastric norm marriage is the means of consolidating family and caste status. It is the sacrament undergone by the woman when she is given by her relation and accepted by the man in the ceremony called panigrahana. She then passes with him seven step before the sacred fire(Saptapadi), steps accompanied by the appropriate Vedic Mantras. The intention of the sacrament is to make the husband and wife one, physically and psychically secular and spiritual purposes for this life and for after lives. Forms of Hindu marriage :- The Hindu marriage have prescribed two forms of marriage. They are as follows :- 1) Ceremonial Marriage :- This marriage is solemnized after performence of religious rites and ceremonies of either party to the marriage. Where such rites and ceremony include saptapadi the marriage become complete and binding when the seven step is taken. 2) Registered Marriage :- This kind of marriages is completed and registered before the regi
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Object of the Consumer Protection Act, 1986

Introduction :- The law relating to consumer protection is  contend in the Consumer Protection Act, 1986. The Act applies to all goods and services. The Central Government may however by notification published in the official gazette exempt any goods or services. The of the Consumer Protection Act 1986 are as follows :- 1) Better protection of interest of consumer:-  The Act seeks to provide for batter protection of the interest of the consumer. For that purpose, the Act makes, provision for the establishment of consumer council and other authorities for the settlement of consumer dispute and for matters connected therewith(Preamble to the Act). 2) Protection of rights of consumers:- The Act seeks, inter alia, to promote and protect the rights of consumers such as - a) The right to be protected against marketing of goods or services which are hazardous. b) The right to be informed about the quality, quantity, potency, purity, standard and price of goods or services so
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High Court

Introduction :- In the Indian single integrated judicial system, the High Court operate below the Supreme Court but above the subordinate court. The High Court occupies the top position in the judicial administration of a state. The institution of High Court originated in India in 1862 when the High Court were set up at Calcutta, Bombay and Madras. The Constitution of India provide for a High Court for each state. At present there are 24 High Court in the country. Article 214 to 231 in part - vi of the Constitution deal with the organisation, independence, jurisdiction, powers, procedures and so on of the High Court. Organisation of High Court :- Every High Court(whether exclusive or common) consists of a Chief Justice and other judges as the President may from time to time deem necessary to appoint. Accordingly, the President determines the strength of a High Court from time to time depending up on its workload. Judge :-  Appointment of judge :- The judge of a High Cour
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Administration of Justice

Introduction :- Justice tries to provide rules of reason for men to follow, so that the same may lead to the highest good of all concerned. "Live well, and let live" is the aim of justice. The aggrieved party must be protected. Justice really involves doing good not only to human beings but to all that is good in nature. One should not be cruel to animals. Justice is what is ideal, what is beautiful and true and of the most proper type. Law is the instrument of justice. The expressions 'law' and 'justice' are related. The courts of law are called courts of justice. Law is an instrument of social utility - for rendering the greatest good to the largest number - and its avowed aim is, or should be, to procure a national as well as an international cosmos. Justice should be administered according to the provisions of the law. Meaning or Definition of Administration of Justice :- Administration of justice means justice according to law. The function of the
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Distinction Between Nuisance and Negligence

The main difference between Nuisance and Negligence are as follows :- 1) In nuisance, the plaintiff need not prove that the defendant was under a legal duty to take care "for all that the plaintiff need show is only that he has been injured by the defendant's conduct. In negligence, the plaintiff must prove that the defendant was under a legal duty to take care. 2) In nuisance the defendant will be liable in some cases even through he had taken all reasonable care under the circumstances. In negligence, the vital question is whether the defendant had taken reasonable care. 3) A nuisance may be caused intentionally. A negligence negatives intention. 4) In nuisance, the plaintiff  must prove some injury to his enjoyment of property and his own interest in that property. In negligence, the plaintiff need not prove some injury to his enjoyment of property. 5) In nuisance, the plaintiff need not prove damage expect where the right in question depends on it. In
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Causes of Child Labor in India

Child labor is caused by the several factors, some of them include:- i) Poverty :-   Children who come from poor families may be forced to work to support their siblings(Brother and sister) and parents or supplement the household income when expenses are more than the parents earning it is a huge problem especially in developing countries where parents are unable to generate income due to the lack of employment opportunities or education. children can be found employed in mines or hawking in the streets to earn money that is used to provide basic necessities such as food and clothing for the family. Children may also be employed in factories to generate income for the family instead of attending school such a practice is a common phenomenon in poverty stricken religions with large factories set up by international companies. ii) Low Aspiration :- It is important for parents and children to understand that they can work hard and make something great of themselves. Low aspi
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