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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...

Meaning and Causes of Global Warming

Meaning of Global Warming :- Global Warming is an increase in the earth's temperature due to the use of fossil fuels and other industrial process leading to a build-up of "greenhouse gases"  (carbon dioxide, methane, nitrous oxide, and chlorofluorocarbons) in the atmosphere. Air pollution traps more heat in the atmosphere, rendering the earth more warmer. This effect is called "global warming". Causes of Global Warming :- The main causes of Global Warming is greenhouse gases. These are carbon dioxide, methane, nitrous oxide, chlorofluorocarbon and ozone. Generally these gases are present in rather small amounts but play a major role in the heat balance of atmosphere due to their capacity to absorb infrared radiations. By preventing long wave thermal radiation from radiating out of the atmosphere, the temperature of the atmosphere thus increases considerably. About 51% of the solar energy reaching the earth is absorbed by the earth's surface, whic...

When Can a PIL be Filed

PIL (Public Interest Litigation) can be filed only where any "public interest" is affected at large. Because if just a single individual is affected then that is not a ground for filing PIL(Public Interest Litigation). These are a portion of the conceivable areas where a PIL can be filed. 1) Where a manufacturing plant/industry is causing air pollution and individuals nearby are getting affected. 2) Where, in an area/road there are no street lights, causing inconvenience to people. 3) Where some "Banquet Hall" plays a boisterous music, in night causing noise pollution. 4) Where some development organization construction organization is chopping down trees, causing environmental pollution. 5) Where poor individuals, are influenced, in light of Government's arbitrary decision to impose heavy "tax". 6) For guiding the police/jail authorities to take suitable choices concerning jail reforms, for example, isolation of convicts, delay in the trial, p...

Distinction Between Act of State and Sovereign Authority

"An Act of State in respect of which the jurisdiction of the Courts is barred must be an act which does not purport to be done under colour of a legal title at all, and which could nether assert nor violate any right conferrable by law, but which must rest for its jurisdiction on considerations of external politics and inter-State duties and right. In dealing with its own subjects therefore a Government must defend its action as justified by positive law, and can not rely on a plea of political expediency which would only justify action in relation to foreign matters to which the law of the land does not extend" - Jahangir M. Cursetji v Secretary of State for India 6 Bom LR 131. "An act of State is different fundamentally from an act of a sovereign authority. An act of State operates extra territoriality. Its legal title is not any municipal law but the overriding sovereignty of the State. It does not deal with the subjects of the State but deals with aliens and forei...

Meaning of E-Banking

E-banking is also called as "Electronic Banking", 'Online Banking', 'Internet Banking', 'on line banking', 'Virtual Banking'. E-Banking involves information technology based banking. The banking service are delivered by way of a Computer-controlled System. It is like e-business in banking indirectly. It allows customers of a financial institution to conduct financial transactions on a secure website operated by the institution which can be a retail or virtual bank, credit union or building society. E-banking refers to the provisions of internet banking services via the internet through a Personal Computer(PC) or other access devices with internet capabilities. E-Banking system allows customers to manage accounts both in the national and a foreign currency and to obtain all the data needed about movement of funds on them in any corner of the world. To access a financial institution's online banking facility, a customer having personal i...

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...

Important Features of PIL(Public Interest Litigation)

Through the mechanism of PIL, the courts seek to protect human rights in the following ways :- 1) By creating a new regime of human rights by expanding the meaning of fundamental right to equality, life and personal liberty :- In this process, the right to speedy trial, free legal aid, dignity, means and livelihood, education, housing, medical care, clean environment, right against torture, sexual harassment, solitary confinement, bondage and servitude, exploitation and so on emerge as human rights. These new reconceptualised rights provide legal resources to activete the courts for their enforcement through PIL. 2) By democratization of access of justice :- This is done by relaxing the traditional rule of locus standi. Any public spirited citizen or socila action group can approach the court on behalf of the oppressed classes. Courts attention can be drawn even by writing a letter or sending a telegram. This has been called epistolary Jurisdiction. 3) By fashioning new ki...

Discuss about Cyberspace

Meaning :-  Cyber Space is the electronic medium of computer network in which online communication takes place. Definition :- Cyberspace refers to the global network of independent information technology infrastructures, telecommunication networks and computer processing system in which on line communication take place. What is Internet ? The Internet is a vast computer network linking smaller computer network world wide. An internet is a series of computer network all hooked together. Individual computer can communicate with each other over the world because the network are inter connected. Origin of Internet :- The origin of the concept of internet was first documented by J.C.R. Licklider of MIT in August 1962 where he described the internet as the galactic network. Who owns the Internet ? No one actually owns the internet, and no single person or organization controls the internet in its entity. The internet is more of a concept than an actual tangible entity a...