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12Oct 2018 by Reese Bannister

Speech on Rape (2145 Words)

Management

Here is your speech on “Rape” (2145 Words):Mahatma Gandhi said: “When a woman walks in the streets in the mid night, then only it means that we achieved full independence to our country.” Now the guidelines given Mahatma are ridiculed in our society. To-day, any woman cannot walk in the day light, even accompanying with her father or brother or husband. Day-by-day, the activities of ragging and rape are growing. From time to time, the Legislatures have been bringing new Acts and making amendments to the old laws. image source: media.cathocambrai.com ADVERTISEMENTS: The Supreme Court and the High Courts have been giving newer guidelines and instructions. However, sad to say that all of them become in vain. Sexual offences are enhancing day by day. Their graph, in every police station,…

12Oct 2018 by Reese Bannister

Legal Provisions Regarding “Fabricating False Evidence” in India – Section 192 of IPC

Currency

Section 192 defines “Fabricating False Evidence” It defines: Sec. 192. Fabricating false evidence:Whoever causes any circumstance to exist or makes any false entry in any book or record, or electronic record or makes any document or electronic record] containing a false statement, intending that such circumstance, false entry or false statement may appear in evidence in a judicial proceeding, or in a proceeding taken by law before a public servant as such, or before an arbitrator, and that such circumstance, false entry or false statement, so appearing in evidence, may cause any person who in such proceeding is to form an opinion upon the evidence, to entertain an erroneous opinion touching any point material to the result of such proceeding is said “to fabricate false evidence”. image source: pocketperspectives.files.wordpress.com ADVERTISEMENTS:…

12Oct 2018 by Reese Bannister

Legal Provisions Regarding “Affray” in India – Section 159 of IPC

Violence

The word “Affray” means a skirmish or fighting between two or more, and there must be a stroke given or offered, or a weapon drawn. An Affray is committed in a public offence to the terror of the people. image source: i.ytimg.comScope: Section 159 defines “Affray” and Sec. 160 prescribes punishment for committing affray. ADVERTISEMENTS: Sec. 159. Affray:When two or more persons, by fighting in a public place disturb the public peace, they are said to “commit an affray”.Important Points: ADVERTISEMENTS: A. Ingredients of Sec. 159:1. There must be a fighting between TWO or more persons.2. The fighting must be in a public place.3. As a result of the fighting, public peace must be disturbed. ADVERTISEMENTS: 4. Black Stone defines affray: “Affray is the fighting of two or more persons…

12Oct 2018 by Reese Bannister

Difference between “Mistake of Fact” and “Mistake of Law” (Indian Penal Code)

Marriage

Sections 76 and 79 of Chapter-IV (General Exceptions) of the Indian Penal Code, 1860 explain the provisions about “Mistake of Fact” and “Mistake of Law”. These provisions are based upon the common law maxim “Iqnorantia facti doth excusat; Ignorantia juris non excusat.” (Ignorance of fact is an excuse, but ignorance of law is not excused.) image source: i.ytimg.comMistake of fact is a good defence in criminal law, which is explained in two Sections 76 and 79. Both of these Sections are included in General Exceptions (Chapter-IV). ADVERTISEMENTS: Meaning: Mistake:An unconscious ignorance or forgetfulness of a fact, past or present, material to the contract, or a belief in the present existence of a thing material to the contract, which does not exist; some intentional act, omission, or error arising from ignorance,…

12Oct 2018 by Reese Bannister

Short Essay on “Jurisprudence” (1700 Words)

International Law

In his practical work a lawyer has to tackle new and difficult problems which might appear to him insoluble without knowledge of jurisprudence that trains the mind into legal ways of thought and enables him to bring to bear on his work that legal acumen which is so essential for his task.A question might arise as to whether on account of lapse of time prescriptive rights have or have not been acquired in respect of a certain property. It will be the province of Jurisprudence to elucidate the meaning or prescription and its relation to ownership and actions.Jurisprudence thus provides a precise and unambiguous terminology, which enables a lawyer to have clear conception of the subject. It is only by an understanding of the nature of law and of legal…

12Oct 2018 by Reese Bannister

What are the Different Kinds of Punishment Practiced in India? – Explained!

Trade

Six kinds of punishment were described in the original Indian Penal Code. In the year 1949 the third punishment “Penal Servitude” was removed. Now there are five kinds of punishment under I.P.C.They are described hereunder. 1. Death: The punishment of death may be imposed on the following offences:— ADVERTISEMENTS: (a) Waging or attempting to wage war or abetting the waging of war against the Government of India -Section 121 I.PC.;(b) Abetment of mutiny actually committed – Sec. 132 of I.P.C.;(c) Giving or fabricating false evidence upon which an innocent person suffers death – Sec. 194 image source: sacredsquare.files.wordpress.com ADVERTISEMENTS: (d) Murder – Section 302; We(e) Punishment for murder by a life-convict – Sec. 303 [This Section was struck down by the Supreme Court holding that it was unconstitutional, while disposing…

12Oct 2018 by Reese Bannister

Importance of “Actus Reus” and “Mens Rea” under Indian Law – Explained!

Marriage

“Actus non facit reum nisi mens sit rea” is the famous English maxim of criminal law. This maxim means “The act itself does not constitute guilt unless done with a guilty mind.” This maxim is popularly known as “Mens Rea”. Mens Rea means “III Intention”. image source: i.ytimg.comMens Rea is a well settled principle of common law in England. In every statutory offence, Mens Rea is an essential ingredient. It is presumed that the wrong-doer did the offence with an ill intention. The prosecution must prove the ill intention (Mens Rea) of the accused to prove the offence committed. ADVERTISEMENTS: Only in the cases, where the applicability of Mens Rea is excluded by the Statutes, then only it can be exempted. Only in few exceptional circumstances the Doctrine of Mens…

12Oct 2018 by Reese Bannister

Difference between “Nuisance” and “Trespass” – Explained!

Essays

There are several similarities between nuisance and trespass. Both of them unlawfully interfere with a person’s use or enjoyment of land, or some right over, or in connection with. However, there are differences between them, which are given as under: Nuisance 1. Nuisance is an indirect interference with the plaintiffs property. ADVERTISEMENTS: 2. It is created by some intangible objects such as gas, noise, smell, smoke, pollution, vibrations, electricity, etc.3. It interferes the plaintiffs use or enjoyment of land or property. image source: i.ytimg.com4. A plants a tree in his own land. The tree grows, and its branches and roots spread into the land of B. It is nuisance.5. A’s building has become ruinous, and it may collapse at any time and fall upon B’s house. A and B notice…

12Oct 2018 by Reese Bannister

Difference between Central Consumer Protection Council and National Consumer Disputes Redressal Commission

Government

Central Consumer Protection Council: 1. The Central Consumer Protection Council is also known as “Central Council“.2. Sections from 4 to 6 of Chapter-I! of the Act explain the provisions about the constitution, procedure and objects of the Central Council.3. – The objects of the Central Council are to promote Consumer movement and to safe guard the consumer rights in the country. It is only a recommendatory body. image source: pukcc.net ADVERTISEMENTS: 4. The decisions of the Central Council are only recommendatory in nature.5. It is only purely admistrative authority, filled up by the non-official and official members, it. Functions as a Government department.6. It has no appellate powers over the State Councils. It may receive any applications from the State Councils and consider its merits and demerits and may forward…

12Oct 2018 by Reese Bannister

What Are The Requisites Of A Valid Gift Under The Hindu Law In India?

Law

(a) Requisites of a valid gift:According to Mitakshara a gift is defined as:“Gift consists in the relinquishment (without consideration) of one’s own right in property and the creation of the right of another, and the creation of another man’s right is complete on that other’s acceptance of the gifts, but not other Section 122 of the Transfer of Property Act defines gift as “Gift is the transfer of certain existing movable and immovable property made voluntarily and without consideration, by one person, called the donor, to another, called the donee, and accepted by or on behalf of donee.” Image Source: upload.wikimedia.org ADVERTISEMENTS: A Hindu in all the schools of Hindu Law may dispose of by gift his separate property subject to claims and maintenance of those whom he is legally…