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Showing posts from February, 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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Different Types of Marriages Under The Muslim Law

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Marriage under islamic law is known as 'Nikah' which means simple marriage. The different forms of marriage can be studied under the two sects of- Sunnis and Shias. According to the Sunni sect, marriages are generally of three forms this are :- 1) Valid (Sahih). 2) Void (Batil). 3) Irregular (Fasid). 1) Valid (Sahih) Marriage :- A valid marriage is one which conforms in all respects with the legal requirement, and there should be no prohibition affecting the parties. A valid marriage confers upon the wife the right to dower, maintenance and residence in her husband's house imposes on her the obligation to be faithful and obedient to him, to admit him to sexual intercourse and to observe the iddat. It creates between the parties prohibited degrees of relation and reciprocal rights of inheritance. When all the legal conditions are fulfilled the marriage is called Sahih marriage. Essential of a Valid marriage :- i) The parties must be competent to contract a val
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Classification of Agreement

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Introduction - A meeting of mind with the understanding and acceptance of reciprocal legal rights and duties as to particular actions or obligation, which the parties intend to exchange, a mutual assent to do or refrain from doing something, a contract.  An example of an agreement is the decision between two people to share the rent in an apartment. Agreement can be classified into three classes. This are :- 1) Agreement which create rights :- These may be contract, which create obligation in personam between the parties. A contract a legal tie of new personal right, which binds one party to other. Grants are agreement by which rights other than contractual rights are created.  Example :- Lease, Mortgage, Charge, Easement etc. 2) Agreements that transfer rights :-  They are called assignments. 3) Agreements that extinguish rights :- such agreement which surrender a right or release and obligation are called releases. Valid Agreement : - Valid agreement
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Ecosystem

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Ecosystem Origin of the term Ecosystem :- Ecosystem is the basic functional unit in ecology. Eco part of the term refers to environment and system to its various components. Ecosystem is composed genes, organs, organisms, population and communities. Definition of Ecosystem :- Ecosystem is a structural and functional unit of biosphere of nature consisting of community of living beings and the physical environment both interacting and exchanging materials between them.  Basic Principles of an Ecosystem :- 1) All ecosystem consist of two major component biotic and abioti. 2) Ecosystem is a major structural and functional unit of ecology. 3) Its function is related to energy flow and material flow within the system. 4) The non living environment is an part of ecosystem. 5) The relative amount of energy needed to maintain an ecosystem depends on its structure. Example of Ecosystem :- A pond is an example of a small ecosystem. Kinds of Ecosystem :-
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Definition and Duties of Subscriber

Definition of Subscriber :- Subscriber means a person in whose name the electronic signature certificate is issued. A subscriber is in a way a customer or a buyer. He is a customer with a difference as he usually pays for a service in advance. A subscriber has a approach the registration authority with a request to issue a digital signature certificate. He has to fill the prescribes application form for issue of digital signature certificate along with the necessary document. He has to enter into a certifying authority subscriber agreement. He has to prove the possession of private key corresponding to the public key for the generation of signing key pair. Then the registration authority forward the application to the license certifying authority after verification. Then the license certifying authority generate the digital signature certificate for the public key subscriber, then has to download the digital signature certificate from the website of the license certifying autho
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Meaning and Utility of 'Forest'

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Meaning of 'Forest' :- The word forest is derived from the Latin word 'foris' which means outside. This has reference to village boundaries or fence. 'Forest' or 'Jungle' is a collection of trees, shrubs, herbs, grass and naturally has wild life living in it. Forest is a great or vast wood. Forest, in general sense, is an area set aside for the production of timber and other forest produce or maintained under woody vegetation for creation indirect benefits which it provides that is climate or protective. Forest, in ecological sense, is a plant community predominantly of trees and other woody vegetation, usually with a closed canopy. Tomlin's Law Dictionary states, "A forest is a certain territory or circuit of woody grounds and pastures know in its bounds and privilege, for the peaceable abiding of wild beasts and fowls of forest chase and warren, to be under the king's protection for his princely delight; replenished with be
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Definition and Characteristics of Ownership

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The concept of ownership denotes the relation between a person and an object forming the subject-matter of ownership. It consists of bundle of rights which are rights in rem (available against the whole world) and not against specific person only. Definition of Ownership :- Austin's defines ownership as " a right over a determinate thing, indefinite in the point of user, unrestricted in point of disposition and unlimited in point of duration". Dias has defined ownership as "an interest recognised by law, consisting of an enumerable number of claims, privileges, powers and immunities with regard to thing owned".  Characteristics of Ownership :- 1) The owner will have the right to possess the thing which he owns. He may not necessarily have possession of the thing in certain circumstances. 2) The owner normally has a right to use and enjoy the thing which he owns. He has the right to manage, that is, right to decide how it shall be used and the
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Methods of Software Piracy

Software piracy can take many forums, but one of the most common includes counterfeiting or a licensed user making duplicate copies of the software to sell or give away, with or without providing codes to unlicensed users as a workaround to anti-piracy features. Other piracy methods include violating a license by installing software software on multiple computers, software overuse on a network and students who purchase education versions of for family members or friends. On the basis of software several types of software piracies are possible. They are :- 1) CD-R infringement :-  It is the illegal copying of software using CD-R recording technology. 2) Commercial use of non-commercial software's :- Using educational or other commercial - use restricted software in violation of the software licence is a form of copyright infringement. 3) Counterfeiting :- It is the duplication and sale of unauthorized copies of software in such a manner as to try to pass of the illegal
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Meaning of Atmosphere, Weather and Climate

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Meaning of Atmosphere :- The term 'atmosphere' means the air envelope which surrounding the earth. It is the hick gaseous mental surrounding the earth. The density of the atmosphere decreases with height. There are four layers of the atmosphere. The first layer is known as 'troposphere'. In this layer, the temperature of air decreases with height at an average of one degree centigrade for 165 meters. The troposphere extend to a height of roughly 18 kilometers along the equator and about 8 kilometers along the poles. The upper limit of the troposphere is called the 'tropopause'. Above the troposphere is second layer which is called the 'stratosphere' extending from roughly 12 to 50 kilometers. The ozone layer in this layer absorbs harmful ultraviolet radiation from the sun. Above, the stratosphere, there is third layer 'mesosphere' or 'metrosphere' extending about 40 km. in height. In this zone temperature shows a decrease up to 80℃.
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Basic Objectives of The National Forest Policy, 1988

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The basic objectives that should govern the National Forest Policy, 1988 are the following :- 1) Maintenance of environmental stability through preservation and, where necessary, restoration of the ecological balance that has been adversely distributed by serious depletion of the forests of the country. 2) Conserving the natural heritage of the country by preserving the remaining natural forests with the vast variety of flora and fauna, which represent the remarkable biological diversity and genetic resources of the country. 3) Checking soil erosion and denudation in the catchment areas of rivers, lakes, reservoirs in the interest of soil and water conservation, for mitigating floods and droughts and for the retardation of siltation of reservoirs. 4) Checking the extension of sand-dunes in the desert areas of Rajasthan and along the coastal tracts. 5) Increasing substantially the forest/tree cover in the country through massive afforestation and social forestry programmes, esp
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Distinction Between Public and Private Nuisance

The distinction between public and private nuisance are as follows  1) Nature of the violence :-  While a public nuisance is an offence against public right, safety and convenience, a private right, on the other hand, is an infringement of a private right of a person to the comfortable occupation of property. 2) Basis to sue :- In the case of public nuisance an action cannot be maintained by a private individual in his own name where public nuisance causes no special harm to the individual. But in the case of private nuisance action is maintained at the suit of any individual in possession of land who is injured by reason thereof. 3) Nature of case :- Whereas public nuisance is a crime, private nuisance is a civil wrong. 4) As to acquision of right of nuisance :- While no length of time can legalise a public nuisance, a right to commit a private nuisance may be acquired by prescription. 5) Abatement :-  In the case of private nuisance, the nuisance may be abated by the injur
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Act of God (Vis Major)

An Act of God will be an extraordinary occurrence due to natural causes which is not the result of human intervention which could not be avoided by any amount of foresight and care for example a fire caused by lightning. But an accidental fire though it might not have resulted from any act or omission of common carrier, cannot be said to be an Act of God. Act of God also recognized as one of the general defences to liability in tort. Act of God means an act or escape caused directly by natural cause without human intervention and is "so unexpected that no human foresight or skill could reasonably be executed to anticipate it". Thus as an Act of God is an act which "is due to natural causes directly and exclusively without human intervention, and that it could not have been prevented by any amount of foresight and pains and care reasonably to have been expected from him. According to Lord Mansfield, Act of God is something in opposition to the act of man. It has been s
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Right to Information

"Right to Information" means "the consumer has the right to be informed about the quality, quantity, potency, purity, standard, model, price of goods or services so as to protect himself against the restrictive and unfair trade practices. The consumers need to be informed about products and services so that they can make better decisions." According to IOCU, "The right to be informed means the right to be given the facts needed to make an informed choice or decision. The right to be informed now goes beyond avoiding deception and the protection against misleading advertising, labelling or other practices. Consumers should be provided with adequate information, enabling them to act wisely and responsibly. Right to information is intended to save the consumer from unfair trade practices like false and misleading description about the nature and quality of the goods, and exaggerated statements about their power and potency. The seller should give fair
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