15Oct 2018 by Reese Bannister

Section 171E of Indian Penal Code, 1860 – Explained!

Law
Legal Provisions of Section 171E of Indian Penal Code, 1860.Punishment for bribery:This section prescribes punishment for the offence of bribery defined under section 171-B. The punishment prescribed is simple or rigorous imprisonment for a term extending up to one year, or fine, or both. The proviso clause under this section states that bribery by treating shall be punished with fine only, while the explanation given under this section says that ‘treating’ means that form of bribery where the gratification consists in food, drink, entertainment, or provision. The section, therefore, recognises that it is not always necessary that the gratification has to be pecuniary. Bribery by treating has been dealt with leniently. image source: islamichorizon.co.za ADVERTISEMENTS: In Court on its Own Motion v. Union of India, the Punjab and Haryana High…
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15Oct 2018 by Reese Bannister

Section 172 of Indian Penal Code, 1860 – Explained!

Law
Legal Provisions of Section 172 of Indian Penal Code, 1860.Absconding to avoid service of summons or other proceed­ing:This section prescribes punishment for absconding to avoid service of summons, notice or order proceeding from any public servant. It says that whoever absconds in order to avoid being served with a summons, notice or order proceeding from any public servant who is competent under law to issue such summons, notice or order as such public servant, shall be punished with simple imprisonment for a term extending up to one month, or with fine extending up to rupees five hundred, or with both, or, if the summons or notice or order is to personally attend or attend by an agent, or to produce any document or an electronic record in a court of…
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15Oct 2018 by Reese Bannister

Section 159 of Indian Penal Code, 1860 – Explained!

Violence
Legal Provisions of Section 159 of Indian Penal Code, 1860.Affray:This section defines the crime of ‘affray’. It says that when two or more persons disturb public peace by fighting in a public place, they commit the crime of affray. The word ‘affray’ has been derived from the French word ‘affraier’ which means to terrify. Therefore, in the legal sense the act of terrorising the people is the offence of affray. Since the people can be terrorised only when something is done in front of the people themselves, presence of the public becomes necessary. That is why, in the definition of affray, it is necessary that two or more persons must fight in a public place and thereby disturb public peace. image source: i.ytimg.com ADVERTISEMENTS: Two or more personsThere must be…
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15Oct 2018 by Reese Bannister

Section 155 of Indian Penal Code, 1860 – Explained!

Essays
Legal Provisions of Section 155 of Indian Penal Code, 1860.Liability of person for whose benefit riot is committed:This section deals with the liability of one for whose benefit a riot is committed. It states that whenever a riot is committed for the benefit or on behalf of an owner or occupier of a land or any person claiming any interest in the land, or in the subject of any dispute which gave rise to the riot, or who has accepted or derived any benefit there from, such person shall be punishable with fine, the amount of which has been left to be decided by the court, if he or his agent or manager, had reason to believe that such riot was likely to be committed or the unlawful assembly responsible…
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15Oct 2018 by Reese Bannister

Notes on Six Important Homopolysaccharide

Essays
The homosaccharides contain saym; type of moromeres in their molecules, i.e., they yield, on hydrolysis a tingle monosaccharide constituents. Image Source: d194ekacf8mn8t.cloudfront.netSome of the important homo- polysacchftiides are the following: (i) Starch: ADVERTISEMENTS: It is a complex substance which is formed by condensation of amylose and autylopecfin which is a branched polysaccharide with shorter chains. It is found in abundance in plants, seeds, fruits and tubers.It is an amorphous white powder which forms descent solutions in water on boiling. With iodine starch forms an adsorption compound of blue iodide of starch, the colour of which disappears on heating but appears on cooling.Amylases or diastases hydrolyse starch but these enzymes are themselves complexes with members specific for the various linkages within the starch.The first product of hydrolysis is maltose and the…
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15Oct 2018 by Reese Bannister

The scope and extent of Parliament's power to amend the Constitution of India

Law
Practically every Constitution has some formal method of constitutional amendment. This method consists in changing the language of the constitutional provisions so as to adopt them to the changed context of the social needs. In some countries, the process may be easier than in others, and accordingly, the Constitutions are sometimes classified into flexible or rigid. In a rigid Constitution, the process of amending the Constitution is more elaborate and difficult than the enactment of ordinary laws. Image Source: peo.gov.au ADVERTISEMENTS: In a flexible Constitution, the amendment may be affected rather easily. The best example of such a Constitution is the English Constitution, which may be amended by passing an ordinary Act of Parliament and there is no distinction between ordinary legislation and constituent legislation. A federal Constitution is usually…
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15Oct 2018 by Reese Bannister

The effect of a proclamation of emergency under the Indian Constitution

Law
The following are the consequences of the proclamation of emergency: (1) Extension of Executive powers of the Union: During the operation of a proclamation of emergency, the executive powers of the Union extend to giving directions to any State as to the manner in which the executive power of the State is to be carried on. Image Source: images.slideplayer.com ADVERTISEMENTS: In this context Article 353 provides that the executive power of the Union to give directions under clause (a) and the power to make laws under clause (b) shall also extend to any State other than the State where emergency Is in force, if the security of India or a part thereof is threatened by activities in or in relation to any part of the territory of India. (2) Power…
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15Oct 2018 by Reese Bannister

The distribution of legislative powers between the Centre and the States in India

Government
The distribution of legislative powers between the Centre and the States is an essential feature of a federal Constitution. The object is formed to involve a division of authority between the Centre and the States. The Constitution of India has made two fold distributions of legislative powers between the Union and States, viz. Image Source: bento.cdn.pbs.org(1) With respect to territory; ADVERTISEMENTS: (2) With respect to subject-matter. (1) Territorial jurisdiction: Article 245 (1) provides that subject to the provision of this Constitution, Parliament may make laws for the whole or any part of India and the Legislature of a State may make laws for the whole or any part of the State. Article 245 (2) provides that a law made by Parliament shall not be deemed to be invalid on the…
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15Oct 2018 by Reese Bannister

‘The Union of India can sue and be sued in its own name’– Explained!

Trade
Article 300 of the Constitution provides that the Government of India may sue and be sued by the name of Union of India, and Government of a State may sue or be sued by the name of the State, or of the legislature of a State. Thus, the Union and States are juristic persons capable of owng and acquiring property, making contracts, carrying on trade or business, bringing and defending legal actions just like individuals. The position remains the same as it existed before the commencement of the Constitution as long as Parliament does not make a law providing otherwise. Image Source: fsui.orgBefore the passing of the Constitution, the East India Company and after the Government of India Act, 1858, which transferred the Government of India to Her Majesty with…
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15Oct 2018 by Reese Bannister

Short Speech on the ‘Doctrine of Pith and substance’

Industry
Within their respective spheres. Parliament and the State Legislature should keep within the domain assigned to it and not trespass into domain reserved to the other, and a law made by one which trespasses or encroaches upon the field assigned to the other, is not valid. Image Source: farm2.static.flickr.comBut before the Legislature purporting to deal with a subject in one list and touching also on a subject in another list is declared to be bad, the courts apply what is known as, the doctrine of pith and substance. ADVERTISEMENTS: According to this doctrine, the legislation as a whole is examined to ascertain its “true nature and character” in order to determine in what list it falls. If according to its “true nature and character” the legislation substantially falls within the…
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