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Showing posts with the label Ownership

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...

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...