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
Post a Comment

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 injured person but public nuisance cannot be abated by him.
6) Proving the nuisance :-
In public nuisance, it is a State's duty, the responsibility lies upon the State to the interference of defendant. But, in case of private nuisance, the plaintiff must prove interference with his enjoyment of land.
7) As to remedies :-
In the case of private nuisance in action for damages may be brought but in the case of public nuisance no suit will lie unless the plaintiff has sustained special damage. Besides, in respect of private nuisance, remedies are abatement or removal by the person aggrieved or damages or injuries. But in respect of public nuisance remedy is either criminal prosecution or an injunction to restrain its continuance.

Comments

Post a Comment

Popular posts from this blog

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
Read more

Discuss About Hindu Marriage

Introduction :- According to Sastric norm marriage is the means of consolidating family and caste status. It is the sacrament undergone by the woman when she is given by her relation and accepted by the man in the ceremony called panigrahana. She then passes with him seven step before the sacred fire(Saptapadi), steps accompanied by the appropriate Vedic Mantras. The intention of the sacrament is to make the husband and wife one, physically and psychically secular and spiritual purposes for this life and for after lives. Forms of Hindu marriage :- The Hindu marriage have prescribed two forms of marriage. They are as follows :- 1) Ceremonial Marriage :- This marriage is solemnized after performence of religious rites and ceremonies of either party to the marriage. Where such rites and ceremony include saptapadi the marriage become complete and binding when the seven step is taken. 2) Registered Marriage :- This kind of marriages is completed and registered before the regi
Read more

What do you mean by Charge and Charge Sheet

Image
Define Charge : Under section - 211 it is a precise formulation of allegation against the accused. It is a first notice to the prisoner of informing him about the allegation. It is made in a specific format. The object is to convey the accused about the allegation brought against him. Essential of Charge : There should be specific name of the offence with relevant details. Under section - 211(1) it should be written in the language of the court. As an example In Bengal, it is written Bengali or English language. The relevant Act or law with section should be mention. All the legal condition must be fulfilled. The word should be clear and specific there should not be any vagueness or confusing matter. Charge Sheet : There should be a specific prescribed format where all the matter of charge in details is called charge sheet. Supplementary Charge Sheet :  All the details including name of witness description in matter should be clearly mention. If there is
Read more