04Oct 2018 by Reese Bannister

What rules must be followed for Double Jeopardy?

Common Law
Article 20(2) of the Constitution of India provides that “no person shall be prosecuted and punished for the same offence more than once”. It indicates the common law rule of nemo debet vis vexari which means that no man should be put twice in peril for the same offence. If he is prosecuted against for the same offence for which he has already been prosecuted, he can take complete defence of his former acquittal or conviction.Under Article 20(2) of the Constitution of India, the protection against double punishment is given only when the accused has not only been ‘prosecuted’ but also ‘punished’, and is sought to be prosecuted second time for the same offence. The use of the word ‘prosecution’ thus limits the scope of the protection under clause (1)…
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04Oct 2018 by Reese Bannister

Cases in which Specific Performance of Contract Enforceable – Section 10 | Specific Relief Act

Law
Section 10 of the Specific Relief Act, 1963 Provides that: 1. Agreement: It is a well-settled legal position that in the matter of enforcement of the agreement or agreement of reconveyance, time is not always the essence of the contract unless the agreement specifically stipulates and there are special facts and circumstances in support thereof.When the absentee vendor, for some reasons or the other, refused to accept the agreement, there is no reason why the agreement should not be enforced against the vendor who had signed it and whose property is iden­tifiable by his specific share. Image Source: guerrillafreelancing.com 2. Agreement for sale: ADVERTISEMENTS: No relief can be given in suit for specific per­formance of agreement for sale of house unless it is specific and consistent with pleadings and proof.…
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04Oct 2018 by Reese Bannister

Section 13 – Information to Parent, Guardian or Probation Officer – Juvenile Justice (Care And Protection Of Children)

Juvenile Justice
Where a juvenile is arrested, the officer-in-charge of the police station or the special juvenile police unit to which the juvenile is brought shall, as soon as may be after the arrest, inform— Image Source: united.k12.il.us(a) The parent or guardian of the juvenile, if he can be found of such arrest and direct him to be present at the Board before which the juvenile will appear; and ADVERTISEMENTS: (b) The probation officer of such arrest to enable him to obtain information regarding the antecedents and family background of the juvenile and other material circumstances likely to be of assistance to the Board for making inquiry.Comment: When a juvenile in conflict with law is arrested and brought to police station, it shall be duty of the officer-in-charge of the Police Station…
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04Oct 2018 by Reese Bannister

Section 20 – Special provision in respect of pending cases – Juvenile Justice (Care And Protection Of Children)

Juvenile Justice
This section contains special provisions relating to proceedings which were pending decision before a Juvenile Court at the date of enforcement of the Juvenile Justice (Care and Protection of Children) Act, 2000. According to this section, such pending proceeding shall continue as if this Act were not passed and if the Court comes to the conclusion that the juvenile is guilty of committing the offence, it shall forward the case to the Juvenile Justice Board constituted under the Act of 2000 instead of itself passing the sentence. If the Board, after an inquiry against the juvenile finds that he has committed an offence, it shall make order under Section 15 of the Act as it deems fit. Image Source: assets.rbl.msThe essence of this section may be stated thus— ADVERTISEMENTS: (i)…
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04Oct 2018 by Reese Bannister

Section 15 – Order that may be passed regarding juvenile – Juvenile Justice (Care And Protection Of Children)

Juvenile Justice
(1) Where a Board is satisfied on enquiry that a juvenile has committed an offence, then, notwithstanding anything to the contrary contained in any other law for the time being in force, the Board may, if it thinks so fit,—(a) Allow the juvenile to go home after advice or admonition following appropriate enquiry against and counselling to the parent or the guardian and the juvenile, Image Source: cdn.sheknows.com ADVERTISEMENTS: (b) Direct the juvenile to participate in group counselling and similar activities;(c) Order the juvenile to perform community service;(d) Order the parent of the juvenile or the juvenile himself to pay a fine, if he is over fourteen years of age and earns money;(e) Direct the juvenile to be released on probation of good conduct and placed under the care of…
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04Oct 2018 by Reese Bannister

Section 28 – Alternative Punishment – Juvenile Justice (Care And Protection Of Children)

Juvenile Justice
Where an act or omission constitute an offence punishable under this Act and also under any other Central or State Act, then, notwithstanding anything contained in any law for the time being in force, the offender found guilty of such offences shall be liable to punishment only under such Act as provides for punishment which is greater in degree. Image Source: i.ytimg.comComment: ADVERTISEMENTS: This section lays down that if any offence which is punishable under the Juvenile Justice ( Care and Protection of Children) Act, 2000, is also included as an offence and made punishable under any other law passed by the State or the Central Government, then in that case, the person who is found guilty of any such offence shall be liable to punishment either under the Juvenile…
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04Oct 2018 by Reese Bannister

Section 29 – Child Welfare Committee – Juvenile Justice (Care And Protection Of Children) Act, 2000

Juvenile Justice
(1) The State Government, may ‘[within a period of one year from the date of commencement of the Juvenile Justice (Care and Protection of Children) Amendment Act, 2006, by notification in the Official Gazette, constitute for every district], one or more Child Welfare Committees for exercising the powers and discharge the duties conferred on such Committees in relation to child in need of care and protection under this Act. Image Source: 2.bp.blogspot.com(2) The Committee shall consist of a Chairperson and four other members as the State Government may think fit to appoint, of whom at least one shall be a woman and another, an expert on matters concerning children. ADVERTISEMENTS: (3) The qualifications of the Chairperson and the members, and the tenure for which they may be appointed shall be…
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04Oct 2018 by Reese Bannister

Here is your Essay on Synapses| Essay

Essays
Here is your Essay on Synapses!Synapses are the link between one neuron and another. They are usually found between the fine branches at the end of one axon of one neuron and the dendrites or cell body of another neuron. The number of synapses is usually very large, providing a large surface area for the transfer of information. Image Source: drmarkpbarry.files.wordpress.com ADVERTISEMENTS: Synapses consist of swelling at the end of nerve fibre called synaptic knob lying in close proximity to the membrane of dendrite.The cytoplasm of this knob contains numerous mitochondria (for energy) and small synaptic vesicles containing neurotransmitter, acetylcholine for the transmission of the nerve impulse across the synapse. The gap between pre- and post- synaptic membrane is called synaptic cleft.The presynaptic membrane is modified for the attachment of…
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04Oct 2018 by Reese Bannister

Section 26 – Exploitation of juvenile or child employee – Juvenile Justice (Care And Protection Of Children)

Government
Whoever ostensibly procures a juvenile or the child for the purpose of any hazardous employment keeps him in bondage and withholds his earnings or uses such earning for his own purposes shall be punishable with imprisonment for a term which may extend to three years and shall also be liable to fine. Image Source: cdn-media-1.lifehack.orgComment: ADVERTISEMENTS: The exploitation of child employees in hotels, shops and as domestic servants is a common feature in India despite the fact that it is an offence. This section provides that whosoever procures a juvenile or a child for any hazardous employment or withholds his earnings or uses such earnings for his own purposes, shall be liable to punishment which may extend to three years and shall also be liable to fine.Notably, Article 24 of…
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04Oct 2018 by Reese Bannister

Section 25 – Penalty for giving intoxicating liquor or narcotic drug to juvenile or child – Juvenile Justice

Essays
Whoever gives, or causes to be given, to any juvenile or the child any intoxicating liquor in a public place or any narcotic drug or psychotropic substance except upon the order of duly qualified medical practitioner or in case of sickness shall be punishable with imprisonment for a term which may extend to three years and shall also be liable to fine. Image Source: homewetbar.comComment: ADVERTISEMENTS: The section prohibits giving of intoxicating liquor or narcotic drug or psychotropic substance to juvenile or child without the prescription by a qualified medical practitioner.The term ‘narcotic drug ‘ includes—(i) opium and its derivatives like brown sugar, heroin and codeine, (ii) Cocaine, (iii) Cannabis, and (iv) Methadene, pethedine, hebaine etc.The term ‘psychotrophic substances’ includes within it Valium, daizepam, tidijesic, morphine etc.In view of the…
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