Posts

Showing posts with the label Act of God

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...

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...