30Nov 2018 by admin

Essay on the Balban's Theory of Kingship

Events
Balban was a despotic ruler and the reestablishment of the prestige of the crown was the immediate need before him. He streng­thened absolute monarchy by suppressing all opposition. He tried to create a halo of superiority around him and declared himself a descendant of Afrasiyab dynasty. He exploited the religious feelings of the people in order to strengthen his position.Professor K. A. Nizami is not of the opinion that as Balban was a freeman nor connected with royal-family, did he suffer from inferiority complex due to his guilty conscience. In the words of Nizami, “The absence of any reference to his manumission in the pages of Minhaj-us-Siraj and Barani is significant and perhaps, he was not manumitted and this basic legal disqualification to rule over the people, he tried to…
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30Nov 2018 by admin

What is the Procedure for Preparation of Quality Plans in Civil Engineering?

Data
Procedure for Preparation of Quality Plans in Civil Engineering are described below: 1. Purpose: The purpose of this procedure is to establish a method of preparing work instructions, quality plan and inspection and test plan for all the work activities where the absence of such instruction would adversely affect quality.The objective of a Work Instruction is to describe in detail how a specific activity is to be undertaken and to define the standards of acceptability for the product or service. Image Source: pitchcoach.co.uk 2. Scope and Responsibility: ADVERTISEMENTS: All the activities that required writing an instruction to comply with the quality standards in accordance with the specified requirements since work instructions are practical documents; these shall be generated in the area of use by the senior responsible person.It shall be…
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30Nov 2018 by admin

Section 313 of Code of Criminal Procedure, 1973 (Cr.P.C.) – Explained!

Law
Legal Provisions of Section 313 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.Power to examine the accused:The section is intended to establish a direct dialogue between the Court and the accused so as to give him an opportunity to give his explanation. The purpose of examination of the accused by the Court under this section is certainly not to cross- examine him or trapping him to make an admission of facts which the prosecution has failed to establish against him, but to afford him an opportunity of explaining the circumstances that appear to be against him in the evidence. For instance, if some articles are found and recovered from accused’s house, which points at his involvement in the crime, the Court should examine and give him an opportunity to explain…
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30Nov 2018 by admin

5 Important Causes of the Downfall of Raziya Sultan

Dance
Raziya Sultan was a successful ruler endowed with many quali­ties of head and heart. Under the contemporary circumstances her nomination to the office of Sultan was quite just and appropriate. Dr. R. P. Tripathi remarks, “Considering the time, in the general outlook of Muslim people, chiefly of the military and religious classes, the selection of Raziya was unique and most dating.” But unfortunately, she could not face her problems successfully, She failed in suppressing her opponents, nor could she perform the work of administration very capably. The following reasons and circumstances contributed to her downfall. Image Source: 3.bp.blogspot.com Opposition of Turkish Nobles: ADVERTISEMENTS: The chief reason of the downfall of Raziya was the opposition of the Turkish slaves of Iltutmish. He had organized this group in order to strengthen the…
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30Nov 2018 by admin

Section 269 of Code of Criminal Procedure, 1973 (Cr.P.C.) – Explained!

Essays
Legal Provisions of Section 269 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.Officer-in-charge of prison to abstain from carrying out order in certain contingencies:The section provides a guideline for the officer-in-charge of the prison and lays down as to when he should or should not abstain from carrying out the order of the Court passed under Section 267 of the Code. An officer-in-charge of the prison may with the consent of the concerned Court, carry out the order under Section 267 of the Code issued by the subsequent Court. ADVERTISEMENTS: The Allahabad High Court has expressed a view that mere fact that committal proceedings are pending in respect of same accused at same Court at another place does not debar the jurisdiction of the Magistrate at a subsequent place of…
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30Nov 2018 by admin

Section 280 of Code of Criminal Procedure, 1973 (Cr.P.C.) – Explained!

Essays
Legal Provisions of Section 280 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.Remarks respecting demeanour of witness: ADVERTISEMENTS: The demeanour of a witness affects the evidentiary value of the deposition made by a witness and his credibility. Under this section the Judge or the Magistrate is authorised to record not only the evidence of a witness but also such remarks as he thinks material regarding the demeanour of such witness while under examination.The Allahabad High Court has held that any observation about the demeanour of a witness in the course of judgment though not illegal is not fair. It is imperative that any noting about the demeanour of witness should be known to the counsel of the parties so that they may make suggestions about the inferences drawn by the…
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30Nov 2018 by admin

Section 302 of Code of Criminal Procedure, 1973 (Cr.P.C.) – Explained!

Government
Legal Provisions of Section 302 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.Permission to conduct prosecution:The section commands that no person other than the Advocate-General or Government Advocate or a Public Prosecutor or Assistant Public Prosecutor is entitled to conduct a prosecution without the permission of the Magistrate. ADVERTISEMENTS: Thus a private person’s or complainant’s Advocate has no right to conduct the prosecution without the permission of the Magistrate. A police officer even if he is not below the rank of an Inspector shall not be permitted to conduct the prosecution if he has taken part in the investigation into the offence for which the accused is being tried.Where the investigating officer conducts the proceedings without the permission of the Magistrate, it amounts to an illegality which is not curable…
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30Nov 2018 by admin

What are the Structural Differ­ences between Mitakshara and Dayabhaga Coparcenaries?

Management
The concept of a coparcenary under the Dayabhaga system is entirely different from the one under the Mitakshara law.Hence, the distinguishing features of a Dayabhaga joint family will now be considered, whilst considering briefly the points of distinction between the two. 1. Sons do not acquire any right by birth: ADVERTISEMENTS: Under the Mitakshara law as it existed prior to the 2005 Amendment of the Hindu Succession Act, each son acquired, at his birth, an interest equal with his father, in all ancestral property held by the father, and on the death of the father, the son got this property, not as his right, but by survivorship.However, under the Dayabhaga law, the sons do not acquire any interest in the ancestral property by birth. Their rights arise, for the first…
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30Nov 2018 by admin

11 Ways by which a Partition of Property may be effected under Hindu Law

Marriage
A partition may be effected in any of the following eleven ways: 1. By agreement: Execution of an agreement in writing to hold the property separately operates as a partition. The agreement to separate may even be oral.As observed by the Privy Council in Approvier v. Rama Subha Aiyan, (11 M.I.A. 75), the true test of partition of property is the intention of the members of the family to become separate owners. Intention being the real test, it follows that an agreement between members to hold and enjoy the property in defined shares as separate owners constitutes a partition, although there has been no physical division of the property. Image Source: blog.realdealdocs.com 2. By conduct: ADVERTISEMENTS: Separation of a family can be inferred from the conduct of the parties coupled…
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30Nov 2018 by admin

Section 249 of Code of Criminal Procedure, 1973 (Cr.P.C.) – Explained!

Law
Legal Provisions of Section 249 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.Absence of complainant:This section applies to cases where the proceedings have been instituted upon complaint. Therefore, when proceedings are not instituted upon a complaint, the Magistrate cannot invoke the provisions of this section for discharging the accused on ground of absence of prosecution witness or the prosecutor on the date of hearing. ADVERTISEMENTS: The Magistrate is not bound to discharge the accused in the absence of the complainant on the date of hearing. The section only confers discretion on the Magistrate to discharge the accused if offence may be lawfully compounded or is not a cognizable offence. The discretion vested in the Magistrate should be exercised judicially and not arbitrarily.Where the Magistrate has once dismissed the complaint in…
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