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

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) Certainty :-
A vague or uncertain custom can not be recognize. The court have to satisfy that the custom exist as a matter of fact.
8) Consistency of other customs :-
Custom must be consistence with other custom. it contrary to each other can not be recognized.
9) Peaceable enjoyment :- 
A custom must be capable of peaceable enjoyment without any disturbance or context.

Comments

Popular posts from this blog

What Do You Mean By Judgement

Discuss About Hindu Marriage

What do you mean by Charge and Charge Sheet