June - 2017

Jusprudentia

JUSPRUDENTIA

Society for Transcendence in Law

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Jun 30, 2017

Remedies in Tort

Remedies for torts are of two kinds: Judicial and Extra Judicial. Judicial remedies are those which are afforded by the act of law, viz. (1) awarding of damages: (2) granting of injunction; and (3) restitution of property. Extra-Judicial remedies are those which are available to a party in certain cases of torts by his own acts alone, viz. expulsion of a trespasser, re-entry on land, reception of goods, distress damage feasant, abatement of nuisance. Judicial Remedies: Damage

Jun 28, 2017

Theft

IPC 378: Section 378 of the Indian Penal Code Whoever, intending to take dishonestly any movable property out of the possession of any person without that person’ consent, moves that property in order to such taking, is said to commit theft. Explanations 1. A thing so long as it is attached to the earth, not being movable property, is not the subject of theft; but it becomes capable of being the subject of theft as soon as it is severed from the earth. 2. A moving effected b

Jun 28, 2017

Rights of Surety

Rights of Surety 1. Rights against the Creditor a. Right to securities : The surety is entitled to demand from the creditor, at the time of payment, all the securities which the creditor may have against the principal debtor. Creditor must handover to the surety the securities in the same condition as they formerly stood in his hand. If the creditor loss or without consent of the surety, parts with such security, the surety is discharged to the extent of the value of securit

Jun 28, 2017

Extortion

Section 383 IPC,1860. Section 383 of IPC defines ‘extortion’ whereas Section 384 IPC is the Penal Section for extortion, a person is punishable for extortion if he puts any person in fear of injury and thereby dishonestly induces him to deliver any property whereas Section 385 of IPC is for attempt to commit extortion. Aggravated forms of extortion are provided under Sections 386 to 389. The offence of extortion has been defined by Section 383 IPC, which is read as follows:-

Jun 28, 2017

Section 34 v. 149 IPC

Criminal Intention is the highest form of blameworthiness of mind or mens rea. Intention occupies a symbolic place in criminal law. As the highest form of mental element it applies to murder and the gravest form of crimes in criminal justice system. The term ‘intention’ is not defined in Indian Penal Code but section 34 of IPC deals with common intention. The intention made among several person to do something wrong and act done in that manner in which it was formulated comes

Jun 27, 2017

Law Reporting in India

The theory of binding force of precedent is firmly established in England. A judge is bound to follow the decision of any court recognized as competent to bind him, and it becomes his duty to administer the law as declared by such a court. The system of precedent has been a powerful factor in the development of the common law in England. Because of common law heritage, the binding force of precedents has also been firmly established in India, meaning thereby that the judgmen

Jun 27, 2017

Legal Profession

The profession of law is called a noble profession, and lawyers are a force for the perseverance and strengthening of constitutional government because they are guardians of the modern legal system. The first step in the direction of organizing a legal profession in India was taken in 1774 with the establishment of the Supreme Court at Calcutta. The Supreme Court was empowered “to approve, admit and enroll such and so many advocates, Vakils and Attorneys-at-law” as to the cou

Jun 27, 2017

Legal System in India during the British Period

India has one of the oldest legal systems in the world. Its law and jurisprudence stretches back centuries, forming a living tradition which has grown and evolved with the lives of its diverse people. The history of the present judicial system may be traced back to the year 1726, when a Charter was issued by King George I for bringing about important changes in the judicial administration of the Presidency Towns of Bombay, Calcutta and Madras. The system of appeals from India

Jun 27, 2017

Freedom of Speech and Expression

In a landmark judgment of the case Maneka Gandhi v. Union of India, the Supreme Court held that the freedom of speech and expression has no geographical limitation and it carries with it the right of a citizen to gather information and to exchange thought with others not only in India but abroad also. The constitution of India does not specifically mention the freedom of press. Freedom of press is implied from the Article 19(1)(a) of the Constitution. Thus the press is subjec

Jun 27, 2017

Place of Suing

Section.15 to 21 CPC deals with the Court in which a suit is to be instituted, as follows: S.15 Court in which suits to be instituted. S.16 Suits to be instituted where subject matter situate. S.17 Suits for immovable property situate within jurisdiction of different Courts. S.18 Place of institution of suit where local limits of jurisdiction of Courts are uncertain. S.19 Suits for compensation for wrongs to person or movable S.20 Other suits to be instituted where defendants

Jun 27, 2017

Suit Against Government

1. Suits by or against Government In any suit by or against [the Government], the plaint or written statement shall be signed by such person as the Government may, by general or special order, appoint in this behalf, and shall be verified by any person whom the Government may so appoint and who is acquainted with the facts of the case. 2. Persons authorized to act for Government Persons being ex-officio or otherwise authorized to act for the Government in respect of any jud

Jun 25, 2017

Public interest litigation

Law-making has assumed new dimensions through judicial activism of law courts. Public Interest Litigation (PIL) or Social Action Litigation introduced by the Supreme Court of India in the Constitutional jurisprudence is a major example of Supreme Court’s judicial activism. Hitherto, the rigidity of the locus stand rule deprived the poorer sections of the society from approaching the courts for enforcement of their fundamental rights against the rich and affluent class of soci

Jurisdiction of the Supreme Court

Jun 25, 2017

Jurisdiction of the Supreme Court

The Supreme Court under our Constitution is such arbitration. It is the final interpreter and guardian of the Constitution. In addition, to the above function of maintaining the supremacy of the Constitution, the Supreme Court is also the guardian of the Fundamental rights of the people. A Court of Record : Article 129 makes the Supreme Court a ‘Court of Record’ and confers all the powers of such a court including the power to punish for its contempt. A Court of Record is a c

Jun 25, 2017

Legal Research

Meaning of research: Generally, the term “research” is taken as an academic activity or as an art of scientific investigation. It is not only an important prerequisite for dynamic social order but also a systematic and objective analysis of information that is discovered. It is an established fact that the research is a foundation of the progress and prosperity achieved and may be achieved in future. Nobody can get specific and deep knowledge on any matter without having res

Jun 24, 2017

Death Caused in Self-Defence

Section 100 and 101 define the extent of the right of private defence of body. If a person has a right of private defence body section 97, that right extends, under this section, to causing death under the enumerated situations. Section 100 read: “The right of private defence of the body extend, under the restrictions mentioned in the last preceding Section (Section 99), to the voluntary causing of death or of any other harm to the assailant, if the offence which occasions th

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