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Showing posts with the label Jurisprudence

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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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 : - Va...
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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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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 suppor...
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Sources of Law

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Originally Salmond divided sources of law into two categories :- 1. Formal sources of law :- It is that source from which the force or validity of law is derived.  2. Material sources of law :-  It is that source from where the matter is derived.  In case of material sources of law it is classified into two categories:- a) Legal Sources :-  Legal sources are those sources which are recognized as such by law itself. It is authoritative. It is considered as the immediate sources of law. The rule which emanate from the legal source may be divided as follows  1. Statutory Laws :-  This are enacted by the legislature and as such legislation is the sole source of this rules. 2. Judicial decisions :- This are delivered by the court and develop in form of case law.  3. Customary Laws :- It is derived from custom.  4. Convention Laws :- The laws of convention have developed on the basis of contract and agreement. b) ...
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Precedent (Definition, Merits and Demerits)

Definition of Precedent :- A previous instance or case which is or may be taken as an example or rule for subsequent cases or by which some similar act or circumstance may be supported or justified. Merits of Precedent :- 1) Precedent bring about  scientific development of law. 2) Precedent bring logical perfection in law and put law inform of principles. 3) Precedent guide judges and consequently they are prevented from committing mistakes which they would have committed in the absence of the precedent. 4) Precedent are based on customs.  5) Precedent the judges are prevented from any prejudice and partiality because precedent are binding on them. Demerits of Precedent :- 1) A very serious demerit of the doctrine of the precedent is that sometimes an extremely erroneous decision is established as law due to not being brought before a superior court. 2) A great demerit of doctrine of precedent is that development of law depend on the incidents of litigatio...
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Meaning, Nature and Uses of Jurisprudence

Meaning of Jurisprudence :- The word Jurisprudence is derived from its Latin equivalent "Jurisprudentia" meaning knowledge of law. 'Juris' denotes law and 'Prudentia' denotes knowledge. In the Oxford English dictionary, Jurisprudence is as knowledge or skill in law, the philosophy of law, a system or body of law. Nature of Jurisprudence :-  Regarding the nature of Jurisprudence, Jurisprudence is a science and not an art. Infect it is a progressive science. Jurisprudence does not merely connote a knowledge of law.  It is the lawyer's examination of the precepts, ideals and techniques of the law. It is a subject which differs in kind from other subject in the legal syllabus. On the other hand it does not constitute a set of rule, is not derived from any authoritative source and is without practical application. It comprises philosophy of law. Uses of Jurisprudence :- 1) It gives an understanding of the nature of law. 2) It helps in study of the...
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Administration of Justice

Introduction :- Justice tries to provide rules of reason for men to follow, so that the same may lead to the highest good of all concerned. "Live well, and let live" is the aim of justice. The aggrieved party must be protected. Justice really involves doing good not only to human beings but to all that is good in nature. One should not be cruel to animals. Justice is what is ideal, what is beautiful and true and of the most proper type. Law is the instrument of justice. The expressions 'law' and 'justice' are related. The courts of law are called courts of justice. Law is an instrument of social utility - for rendering the greatest good to the largest number - and its avowed aim is, or should be, to procure a national as well as an international cosmos. Justice should be administered according to the provisions of the law. Meaning or Definition of Administration of Justice :- Administration of justice means justice according to law. The function of the...
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Meaning and Object of Natural Justice

Meaning of Natural Justice :- The word 'nature' implies inherent qualities or character. The expression 'natural' is adjective. It signifies inherent in, or in accord with, the regular course or things in the universe and without accidental or purposeful interference. Etymologically it means normal justice or commonsense justice. There are no certified causes of natural justice. Normally, natural justice involves the irritating inconvenience for men in authority of having to hear both sides since notice and opportunity are very essence. And this principle is so integral to good government the onus is on him who urges exclusion to make out why. In the words of Dr. D. Basu "Principles of natural justice are those principles which have been laid down by the courts as being the minimum protection of the rights of the individual against the arbitrary procedure that may be adopted by a judicial, quasi-judicial and administrative authority while making an order affect...
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Meaning, Definition and Kind of Legislation

Meaning and definition of Legislation :-  The term legislation is derived from two Latin words - 'legis' and 'lation'.'Legis' means law and 'lation' means 'to make'. Etymologically, legislation means the making of law. According to Salmond, Legislation is the source of law, which consist in the declaration of legal rules by a competent authority. According to Grey, legislation means "the formal utterances of the legislative organs of the society". According to Austin, there can be no law without a legislative Act. According to V.D Mahajan, "The term legislation is sometimes used in a wider sense to include all methods of law-making. When a judge establishes a new principle by means judicial decision, he may be said to exercise legislative powers and not judicial powers. However this is not legislation in the strict sense of the term. The term legislation includes every expression of the legislation whether the s...
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Main Purpose of Law

The main purpose of law as follows :- 1. According to analytical school, the main purpose of law is to maintain the law and order in society. It has to perform police functions. 2. According to Hobbes, law is brought into the world for nothing else but to limit natural liberty of particular men in such a manner as they might not hurt, but to assist one another and join together against a common enemy. 3.  According to Hindu law, the purpose of law was that it should aim at the welfare of the people in this world and also their salvation after death. 4. According to the Mohammedan law, the purpose of law is the discipline of the person, the improvement of morals and the preservation of life, property and reputation. 5. According to Rescoe Pound there are four purposes of law this are :- I) To maintain law and order. ii) To maintain status quo in society. iii) To enable individuals to have the maximum of freedom to assert themselves. iv) To ensure maximum satisfacti...
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Principles Of Natural Justice

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1. For the purpose of enforcing the provisions of the Customs Act or the Central Excise Act or the Finance Act, 1994, the officers of Customs & Central Excise are empowered to decide whether an infringement or contravention has taken place and whether penal action is called for. Such procedures are known as adjudication proceedings and are also followed when the questions of classification, valuation, grant of refund, drawback, etc. are to be decided. Such proceedings are quasi-judicial in nature and do not require adherence to rigid court room proceedings.  However, principles of natural justice have to be strictly followed. 2. The term ―Principles of Natural Justice‖ (PNJ), derived from the expression „Jus Natural” of the Roman Law, does not have force of law as they may or may not form part of statute but they are necessarily to be followed. The adherence to principles of natural justice as recognized by all civilized States is of supreme importance when a quasijudic...
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