09Oct 2018 by Reese Bannister

Useful Notes on ‘Abetment by Conspiracy’ under Indian Penal Code

Essays
An abettor may engage with one or more person or persons in any conspiracy for the doing of something in which case he not only instigates but conspires to commit a crime, an act punishable under Section 120-B. Conspiracy consists in combination and agreement by persons to do some illegal act or to effect a legal purpose by illegal means. Image Source: 3.bp.blogspot.comIn order to constitute the offence of abetment by conspiracy there must be a combining together of two or more persons in the conspiracy and an act or illegal omission must take place in pursuance of that conspiracy and in order to the doing of that thing. ADVERTISEMENTS: It is not necessary that the act abetted should be committed, or that the effect requisite to constitute the offence…
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09Oct 2018 by Reese Bannister

Exclusion of Time in Certain other Cases – Section 15 | Limitation Act

Government
Section 15 of the Limitation Act, 1963 provides that:(1) In computing the period of limitation any suit or application for the execution of a decree, the institution or execution of which has been stayed by injunction or order, the time of the continuance of the injunction or order, the day on which it was issued or made, and the day on which it was withdrawn, shall be excluded. Image Source: img09.deviantart.net ADVERTISEMENTS: (2) In computing the period of limitation for any suit of which notice has been given, or for which the previous consent or sanction of the Government or any other authority is required, in accordance with the requirements of any law for the time being in force, the period of such notice or, as the case may be,…
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09Oct 2018 by Reese Bannister

Exclusion of Time in cases where Leave to Sue or Appeal as a Pauper is Applied for – Section 13 | Limitation Act

Essays
Section 13 of the Limitation Act, 1963 provides that: According to Section 13 of the Limitation Act, 1963, in computing the period of limitation prescribed for any suit or appeal in any case where an application for leave to sue or appeal as a pauper has been made and rejected, the time during which the applicant has been prosecuting in good faith his application for such leave shall be excluded, and the Court may, on payment of the Court fees prescribed for such suit or appeal, treat the suit or appeal as having the same force and effect as if the Court fees had been paid in the first instance. Image Source: wondrus.la/wp-content ADVERTISEMENTS: Section 13 of the Limitation Act specifically excludes the time during which application in forma pauperis…
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09Oct 2018 by Reese Bannister

Powers of Natural and Testamentary Guardians to Alienation of Minor’s Property under Muslim Law

Nursing
The Muslim law-givers and the jurists mostly talk of sale of minor’s property. They seldom talk of any other type of alienation. They make a distinction between movable and immovable property. The power of the guardian over movable property of the minor is wider than his powers over immovable property. The guardian is allowed to dispose of the minor’s immovable property only in exceptional cases. The Hedaya sets forth the reason for this distinction thus: ‘The ground of this is that the sale of movable property is a species of conservation, as articles of this description are liable to decay, and the price is much more easily preserved than the article itself. Image Source: 3bek8b2kien92hgjfb3ohv7e.wpengine.netdna-cdn.comOn the contrary, with respect to immovable property, it is in a state of conservation in…
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09Oct 2018 by Reese Bannister

What is the Period of Limitation for a Suit against a Carrier for Compensation for Non-delivery of or Delay in Delivering Goods?

Art
Article 11: (Art. 31 of the Act 1908):The period of limitation for a suit against a carrier for compensation for non-delivery of or delay in delivering goods is three years and the time of limitation runs from the time when the goods ought to be delivered. Image Source: redlinecourierservice.com ADVERTISEMENTS: Articles 10 and 11 contemplate suits against a carrier. The expression ‘carrier’ has not been defined in the Limitation Act. The expression ‘common carrier’ is defined in the Carrier’s Act in Section 2 as follows:“A common carrier denotes a person engaged in the business of transporting for hire property from place to place by land or inland navigation. In Rahim Saheb v. Governor General of India, [(1955) MLJ 406], it has been held that the definition of ‘common carrier’ as…
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09Oct 2018 by Reese Bannister

Savings – Section 29 | Limitation Act

Investment
Section 29 of the Limitation Act, 1963 provides that:(1) Nothing in this Act shall affect Section 25 of the Indian Contract Act, 1872. Image Source: 3.bp.blogspot.com(2) Where any special or local law prescribes for any suit, appeal or application a period of limitation different from the period prescribed by the Schedule, the provisions of Section 3 shall apply as if such period were the period prescribed by the Schedule and for the purpose of determining any period of limitation prescribed for any suit, appeal or application by any special or local law, the provisions contained in Sections 4 to 24 (inclusive) shall apply only in so far as and to the extent to which, they are not expressly excluded by such special or local law. ADVERTISEMENTS: (3) Save as otherwise…
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09Oct 2018 by Reese Bannister

7 Main Salient Features of the Limitation Act, 1963

Government
Salient Features of the Limitation Act, 1963 are as follows: Image Source: christknowledgecity.com(1) The Limitation Act of 1963 contains 32 Sections and 137 Articles. Schedule to the Limitation Act, 1963 is divided into three divisions. First division deals with Suits (Articles 1 to 113), Second division deals with Appeals (Art. 114-117) and the Third division deals with Applications (Art. 118-137). Again the First division is divided into ten parts:(1) (i) Part I relating to accounts (Arts. 1-5); (ii) Part II relating to contracts (Arts. 6- 55); (iii) Part III relating to declarations (Arts. 56- 58); (iv) Part IV relating to decrees and instruments (Arts. 59-60); (v) ADVERTISEMENTS: Part V relating to immovable property (Arts. 61-67); (vi) Part VI relating to movable property (Arts. 68-71); (vii) Part VII relating to tort…
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09Oct 2018 by Reese Bannister

Exclusion in favour of Reversioner of Servient Tenement – Section 26 | Limitation Act

Essays
Section 26 of the Limitation Act, 1963 provides that: Image Source:i.ytimg.comAs per Section 26 of the Limitation Act, 1963, where any land or water upon, over or from, which any easement has been enjoyed or derived has been held under or by virtue of any interest for life or in terms of years exceeding three years from the granting thereof, the time of the enjoyment of such easement during the continuance of such interest or term shall be excluded in the computation of the period of twenty years in case the claim is, within three years next after the determination of such interests or term, resisted by the person entitled on such determination to the said land or water. ADVERTISEMENTS: According to Section 26 of the Limitation Act, the time…
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09Oct 2018 by Reese Bannister

Matrimonial Remedy of Restitution of Conjugal Rights under Muslim Law

Marriage
The matrimonial remedy of restitution of conjugal rights was made available to all the communities, including the Muslims, at an early period of British rule in India. The earliest Privy Council decision under Muslim law goes back to the 1867. Image Source: i.ytimg.comThe remedy is available in modern India by a suit of restitution of conjugal rights in the lowest civil court. What is most remarkable about this remedy is that most textbook writers discuss it as if the remedy is available to the husband alone and not to the wife. ADVERTISEMENTS: The reason seems to this that in most of the cases the suits for restitution of conjugal rights have been filed by the husband. There seems to be another reason also: the husband can frustrate the wife’s petition…
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09Oct 2018 by Reese Bannister

Essay on the Role of Infection Control Nurse in Hospitals

Nursing
It is impossible for the Infection Control Officer himself to directly carry out the daily monitoring and surveillance activities of an infection control programme. image source: budgetconferences.comThe day-to-day activities of surveillance can best be handled by a sufficiently senior and experienced full-time nurse, with special training in hospital infection control activities. In very large hospitals, there should be at least one infection control nurse for every 250 beds. Role of Infection Control Nurse: She directly reports to the Infection Control Officer (ICO) and briefs him every day on occurrence of a case and related matters. ADVERTISEMENTS: Early and complete reporting is the sheet anchor of any hospital infection control programme.Therefore, the infection control sister must be authorised to report any actual or suspected infection immediately, to initiate a culture and…
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