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

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 foreigners who cannot seek the protection of the municipal law. It is difficult to conceive of an act of State as between a sovereign and his subjects. If the Government justifies its act under colour of title and that title arises from a municipal law, that act can never be an act of State. Its legality and validity must be tested by the municipal law and in the municipal courts. In this case the province of Bombay is justifying its requisition order under the Ordinance which is a municipal law, and therefore it cannot claim as a sovereign authority to be exempt from a municipal Court and cannot claim immunity from having to justify its act in a municipal Court" - Jahangir M. Cursetji v Secretary of State for India 6 Bom LR 131.      

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