09Oct 2018 by Reese Bannister

What is the Period of Limitation for an Application to Restore a Suit or Appeal or Application?

Applications
Article 122 (Arts. 160, 163, 168 and 172 of the Act of 1908):The period of limitation for an application to restore a suit or appeal or application for review or revision dismissed for default of appearance or for want of prosecution or for failure to pay costs of service of process or to furnish security for costs is thirty days and the limitation commences from the date of dismissal. Image Source: klugerkaplan.com ADVERTISEMENTS: The Article 122 is confined and restricted to (i) suits; (ii) appeals; (iii) application for review; (iv) application for revision and such dismissal must be either for (a) default of appearance; or (b) want of prosecution; or (c) failure to pay for costs of services; or (d) failure to furnish security for costs. The Article 122 is…
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09Oct 2018 by Reese Bannister

What is the Period of Limitation for Any Other Application for Which no Period of Limitation?

Asia
Article 137: (Art. 178 of the Act of 1908):The period of limitation for any other application for which no period of limitation is provided elsewhere in this Division is three years and the limitation commences from the date when the right to apply accrues. Image Source: cms.leica-geosystems.us ADVERTISEMENTS: Article 137 of the Limitation Act, 1963 is applicable to applications both under the Civil Procedure Code and under the Special Acts. Article 137 constitutes the residuary Article in regard to applications. What Art. 113 of the Limitation Act, 1963 is in regard to suits the Article 137 is in regard to applications. In Allahabad Bank Ltd. (The) v. Rana Shew Anvar Singh, (AIR 1976 All. 447), it has been held that the words used in Art. 137 do not indicate that…
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09Oct 2018 by Reese Bannister

What is the Period of Limitation for a Suit for an Account and a Share of the Profits of a Dissolved Partnership?

Art
Article 5:The period of limitation for a suit for an account and a share of the profits of a dissolved partnership is three years and the time from which period begins to run is the date of the dissolution. Image Source: thomasnevin.files.wordpress.com ADVERTISEMENTS: Partnership relationship arises as a result of agreement between the two or more persons pertaining to a business carried on by them collectively. The Article 5 contemplates a suit between the partners inter se and does not apply to an account by a partner against a sub-partner. The Article 5 would not apply unless a partnership is dissolved.In Veronika v. Philips, (1975 Ker.LT 182), it has been held that for applicability of Article 5 the following ingredients are necessary to be fulfilled:(i) There should have been a…
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09Oct 2018 by Reese Bannister

Distinction between Culpable homicide (Sec. 299) and Murder (Sec. 300)

Law
Culpable Homicide (S.299)1. A person commits culpable homicide, if the act by which the death is caused is done: Image Source: s2.dmcdn.net ADVERTISEMENTS: Intention a) With the intention of causing death;b) With the intention of causing such bodily injury as is likely to cause death Knowledgec) With the knowledge that he is likely to cause death ADVERTISEMENTS: 2. Culpable homicide is the genus and generic term.3. There is intention, but the intention may or may not exist. Even if exists it is not so much stronger as is evident in murder.4. Intention to kill can be the number and nature of wounds or injuries on the body of the deceased, for example, if one dies with beatings received twice with fists on head, it is a culpable homicide.5. Less serious…
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09Oct 2018 by Reese Bannister

What is the Period of Limitation for a Suit for Specific Performance of a Contract?

Art
Article 54: (Art. 113 of the Act of 1908):The period of limitation for a suit for specific performance of a contract is three years and the time of limitation starts to run from the date fixed for the performance, or, if no such date is fixed, when the plaintiff has notice that performance is refused. Image Source: ndieambassador.com ADVERTISEMENTS: According to the Contract Act, a ‘contract’ is an agreement enforceable by law. A contract is an agreement between two or more persons by which rights are acquired by one or more parties to define acts or forbearances on the part of other or others. So the contract is an agreement resulting its obligation. The ‘specific performance of a contract’ means its actual execution according to its terms and conditions.When there…
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09Oct 2018 by Reese Bannister

Distinction between wrongful restraint and wrongful confinement

Essays
Distinction between wrongful restraint and wrongful confinement are as follows:Wrongful Restraint:1. In wrongful restraint, a person is restrained from proceeding in some particular direction, though free to proceed elsewhere. Image Source: medshop.com ADVERTISEMENTS: 2. Wrongful restraint is genus3. Wrongful restraint is an offence, which prevents a person from proceeding in a direction in which that person has a right to proceed.4. In wrongful restraint, there is only a partial suspension of one’s liberty. ADVERTISEMENTS: 5. Wrongful restraint is not a very serious offence and is punishable with lesser punishment6. Punishment for wrongful restraint is imprisonment to one month or fine of Rs. 500/- or with both.Wrongful Confinement:1. In wrongful confinement, a person is restrained from proceeding in an direction beyond a certain area. ADVERTISEMENTS: 2. Wrongful confinement is a species…
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09Oct 2018 by Reese Bannister

What is the Period of Limitation for a Suit for Possession of Immovable Property?

Art
Article 64: (Arts. 142 & 144 of the Act of 1908):The period of limitation for a suit for possession of immovable property based on previous possession and not on title, when the plaintiff while in possession of the property has been dispossessed is twelve years and the period of limitation begins to run from the date of dispossession. Image Source: rrscb.com ADVERTISEMENTS: In Naran Bahara v. Mohan Majhi, (AIR 1985 Ori. 40), it has been held that under the Limitation Act, 1963, all suits for possession of immovable property have been brought under two categories namely, (i) suits based on the right of previous possession and not on proprietary title and II the suits-based on proprietary title. The first class of suits will attract Article 64 and the suits based…
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09Oct 2018 by Reese Bannister

What is the Meaning of Cheating under Section 415 of IPC?

Law
Legal provisions regarding Meaning of Cheating under section 415 of Indian Penal Code, 1860.The essential ingredients of the offence of cheating are: Image Source: team7deuce.files.wordpress.com ADVERTISEMENTS: 1) The accused must deceive the complainant fraudulently or dishonestly or intentionally.2) The complainant must have been induced, to:a) Deliver any property or allow any person to retain any property; orb) Do or omit to do anything which he ought not have done, if he was not so deceived. ADVERTISEMENTS: 3) The act or omission likely to cause any harm to the complainant in body, mind, reputation or property.Explanation to Section 415 says that a dishonest concealment of facts is a deception within the meaning of Section 415.According to Justice Raghubir Dayal, Cheating can be committed in either of the two ways described in…
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08Oct 2018 by Reese Bannister

Legal provisions regarding Stolen Property (Section 410 of IPC)

Business
Legal provisions regarding Stolen Property – Definition under section 410 of Indian Penal Code, 1860.Section 410 of the code defines stolen property. It gives a narrow definition of the term to include any property received by theft, extortion, robbery, misappropriation and criminal breach of trust. Property, which has been obtained by means other than those mentioned above for example, by forgery, or by cheating, would not fall within the meaning of ‘stolen property’ as defined in Section 410. Image Source: cdn.abclocal.go.com ADVERTISEMENTS: The word ‘property’ has been used in Section 410 to denote only ‘movable property’.The expression ‘the possession whereof has been transferred’ does not mean that the receiver should receive directly from the thief. All it implies is that the receiver should receive property which has been obtained by…
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08Oct 2018 by Reese Bannister

Are Women Safe in India? – Essay

Marriage
Being in the 21st century, with technology and world so advanced, we still talk about this subject, “Are Women Safe, in India, especially?” With surveys and understandings of what is happening around us, it is time that the country joins hands together to realize that – ‘Women are NOT SAFE in any means in India’. There have many cases that have been reported and many unreported for the torture a woman undergoes, yet there has been nothing done to change the law or the system to the way a woman is being looked at. image source: upload.wikimedia.orgWomen have been advancing, progressing and have proved that they can beat men in any sector they are in. Be it sports, arts, science, politics, service or for that matter any where, she has…
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