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25Sep 2018 by admin

What are the Preventive Actions of the Police under Sections 149 to 153 of the Code of Criminal Procedure?

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Criminal jurisprudence is as much concerned with the prevention of offences, as it is with the trial and punishment of the wrong-doer. Therefore, Chapter XI of the Act contains certain provisions regarding preventive action to be taken by the Police in certain circumstances. S. 149 empowers every Police Officer to interpose for the purpose of preventing the commission of any cognizable offence to the best of his ability. It may be noted that this section provides for prevention of cognizable offences only. Wider powers for the prevention of offences in general are to be found in S. 23 of the Police Act, 1861. Image Source: legalessays.files.wordpress.comMoreover, under S. 150, every Police Officer receiving any information of any design to commit any cognizable offence must communicate such information to his superior…

25Sep 2018 by admin

Useful Notes on Section 133 of the Code of Criminal Procedure – “Public Nuisance”

Construction

Public nuisances have always been considered to be so potentially dangerous that a summary procedure for their redressal has been provided by the Criminal Procedure Code. The power conferred on the Magistrate can be exercised on the receipt of a Police Report or other information, and arises under the six circumstances mentioned in clauses (a) to (f) of S. 133, discussed below. Image Source: 2.bp.blogspot.comThese provisions of the Cr. P.C. are to be invoked only in cases of an emergency and where there is imminent danger to the health of the community. Where the nuisance has been going on for a long time, the criminal courts tend not to interfere in the matter, leaving the parties to litigate before a civil court. ADVERTISEMENTS: S. 133 provides that whenever a District…

25Sep 2018 by admin

Short Essay on "Pipelines in India"

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Pipeline transport network is a new addition on the transportation map of India. Pipelines are most convenient, efficient and economical mode of transporting liquids like petroleum, petroleum products, natural gas, water, milk etc. Image Source: lngworldnews.com Even solid can also be transported through pipelines after converting them into slurry. The far inland location of refineries like Barauni, Mathura, Karnal and gas based fertiliser plants at Jagdishpur and other places could be thought of only because of pipelines. Initial cost of laying pipelines is high but subsequent running cost is minimal. The first pipeline in India was laid in Assam to bring crude oil to Nunmati which was extended to Barauni in Bihar. It is 1167 km long. It was extended to Kanpur. The pipe line between Naharkatia and Nunmati became…

25Sep 2018 by admin

Essay on the Hydro-Electricity or Hydel Power in India (1504 Words)

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Essay on the Hydro-Electricity or Hydel Power in India (1504 Words)Hydro electric power plays a major role in the field of power development in the country. Its present contribution to the total electricity generation is about 25 per cent. Hydro electricity power is a renewable natural resource. Image Source: energy-alaska.wdfiles.com How it Works: 1. The generation of electricity by using the force of falling water is called hydro-electricity. ADVERTISEMENTS: 2. Water is a renewable resource and can be used year after year. Thus, making hydel power cheaper to produce than thermal or nuclear power.3. Water from storage reservoirs is sent through pipes along a steep gradient to rotate the turbines, which convert this energy into electricity. This process is very clean and does not cause pollution of any kind.4. The…

24Sep 2018 by admin

Prosecution of judges and public servants (Section 197 of CrPc)

Construction

Legal provisions regarding prosecution of judges and public servants under section 197 of the Code of Criminal Procedure, 1973.Section 197(1) of the Code of Criminal Procedure provides that when any person who is or was a Judge or Magistrate, or a public servant not removable from his office save by or with the sanction of the Government is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no Court shall take cognizance of such offence except with the previous sanction;— ADVERTISEMENTS: (a) In the case of a person who is employed, or, as the case may be, was at the time of commission of the alleged offence employed, in connection with the affairs of the…

24Sep 2018 by admin

Removal of Public Nuisances (Section 133 of CrPc)

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Legal provisions regarding Removal of Public Nuisances under section 133 of the Code of Criminal Procedure, 1973.A class or community residing in a particular locality may come within the term ‘public’. ‘Nuisance’ is an inconvenience which materially interferes with the ordinary physical comfort of human existence.According to Section 268 of the Indian Penal Code, in order to constitute a public nuisance, the injury, danger or annoyance must be caused to the public, or to the people in the vicinity or to persons who may have occasion to exercise any public right. ADVERTISEMENTS: A ‘public place’ includes also property belonging to the State, camping grounds and grounds left unoccupied for sanitary or recreative purposes. The public place must be open to the public, i.e., a place to which the public have…

23Sep 2018 by admin

Discretion as to Decreeing Specific Performance – Section 20 | Specific Relief Act

Construction

Section 20 of the Specific Relief Act, 1963 Provides that: 1. Agreement for sale: An agreement for sale of property was executed by defendant No. 1, who was the sole executor appointed by his mother in Will. Agreement was executed in favour of plaintiff, an Advocate and tenant in property in question. Correspondence between plaintiff and defendant No. 1 show that plaintiff created a scare in mind of defendant No. 1 and got agreement for sale executed. Apart from it, there was a clause in that agreement making it clears that it was “subject to ratification by co-heirs”. It shows that it was not a concluded contract, as such could not be enforced in Court of law. Although executor has an absolute right to transfer property. But facts of this…

23Sep 2018 by admin

Personal Bars to Relief – Section 16 | Specific Relief Act

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Section 16 of the Specific Relief Act, 1963 Provides that: 1. Agreement for sale: A Court may not grant to a plaintiff who has failed to aver and to prove that he has performed or has always been ready and willing to perform his part of the agreement the specific performance whereof he seeks. In the circumstances, it becomes necessary to remand the suit to the Trial Court to consider whether or not it has been established that the original plaintiff and her legal representatives had proved that they had performed or were always ready and willing to perform the terms of the agreement for sale. Image Source: tricountylumberinc.com 2. Agreement of sale: ADVERTISEMENTS: The respondent and his sister had each half share in the suit properties. Hence a mere…

22Sep 2018 by admin

Suit by Person Dispossessed of Immovable Property – Section 6 | Specific Relief Act

Construction

Section 6 of the Specific Relief Act, 1963 Provides that: 1. Absolute title: If the rightful owner does not come forward and assert his title by the process of law within the period prescribed by the provisions of the statute of limitation applicable to the case, his right is forever extinguished and the possessory owner acquires an absolute title. In the event of disturbance of possession by a third party and not the owner, the plaintiff can maintain a possessory suit under the provisions of Specific Relief Act in which title would be immaterial or a suit for possession within 12 years in which the question of title could be raised. Image Source: commonfloor.com 2. Adjudication of: ADVERTISEMENTS: A person, even if he is a landlord, cannot take the law…

09Sep 2018 by admin

Psychology Question Bank – 250 MCQs on "Psychology of Learning" – Part 1

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250 Multiple Choice Questions (MCQs) with Answers on “Psychology of Learning” for Psychology Students – Part 1:1. In Operant conditioning procedure, the role of reinforcement is: (a) Strikingly significant ADVERTISEMENTS: (b) Very insignificant(c) Negligible(d) Not necessary(e) None of the above ADVERTISEMENTS: 2. According to Skinnerian Operant conditioning theory, a negative reinforcement is: (a) Nothing but punishment(b) A biofeedback(c) A withdrawing or removal of a positive reinforcer ADVERTISEMENTS: (d) An instinctive drift(e) None of the above3. Behaviour therapists believe that the respondent or classical conditioning is effective in dealing with the non-voluntary automatic behaviour, whereas the operant one is successful predominantly with motor and cognitive behaviours, Thus, unadaptive habits such as nail biting, trichotillomania, enuresis encopresis, thumb sucking etc. are satisfactorily dealt within the : (a) Classical Method(b) Operant Method (c)…