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

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 eminent jurist like Salmond, Gray etc.

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