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

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 stated in Halsburay's Laws of England that "An Act of God, in the legal sense is an extraordinary occurrence of circumstances which could not have been foreseen and which could not have been guarded against, or more accurately as an accident due to natural causes, directly and exclusively without human intervention, and which could not have been avoided by any amount of foresight and pains and care reasonably to be made liable for it, or who seeks to excuse himself on the ground of it.
The occurrence need not be unique, nor need it be one that happens for the first time; it is enough that it is extraordinary, and such as could not reasonably, be anticipated and it must not arise from the act of man."
According to Pollock, Act of God is an 'operation of natural forces so unexpected that no human foresight of skill could reasonably be expected to anticipate it."
Act of God is defined to be such a direct, violent, sudden, and irresistible act of nature as could not by any amount of ability, have been foreseen, could not by any amount of human care and skill have been resisted. Thus those acts which are occasioned by the elementary forces of nature, unconnected with the agency of man or other cause will come under the category of acts of God, for example storm, tempest, lighting, extraordinary fall of rain, extraordinary high side, extraordinary severe frost. In order that a phenomenon should fall within operation of the rule of law with regard to the act of God it is not necessary that is should be unique, that it should happen for the first time, it is enough that it is extraordinary, and such as could not reasonably be anticipated.
The word 'vis major' imports something abnormal and with reference to the context means that the property by the act of God has been rendered useless, for the time being, that is to say, it was rendered incapable of any enjoyment.   

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