Category: Design

It is in the interest of justice that a party should bring forward his whole case in respect of the matter in suit. The matter directly and substantially in issue may either be actually in issue or constructively in issue and both the matters constitute res judicata if the same were in issue in the former suit and is also is issue in the subsequent suit.Explanation IV to Section 11 says that any matter which might or ought to have been made a ground of defence or attack in the former suit shall be deemed to have been a matter constructively in issue in that suit.Thus, if a matter which might and ought to have been raised by the plaintiff in the former suit is not raised by him there…

he expression “sufficient cause” is not defined but it has been held that it must mean a cause which is beyond the control of the party invoking the aid of the section. A cause for delay which by due care and attention the party could have avoided cannot be a “sufficient cause.” The test, therefore, whether a cause is sufficient or not, is to see whether it could have been avoided by the party by the exercise of due care and attehction.The expression however, should receive a liberal construction so as to advance substantial justice when no negligence nor inaction nor want of bona fide is imputable to the appellant or applicant. Krishna vs. Chattappan, (1889) I.L.R. 13 Mad. 269].The court should not apply too exacting a standard of diligence…

Laches has its origin in the doctrine of equity. Halsbury’s Law of England, Volume XIII in Equitable Defense Chapter1910 Edition says, “The legislature in enacting a statute of limitation specifies fixed period after which claims are barred : equity does not fix a specific limit but considers the circumstances of each case in determining whether there has been such delay as to amount to laches.In the case of equitable reliefs, Courts of equity in England refused to grant such reliefs to an applicant who had willfully sleep over his rights. This principle is applicable in India also in so far as discretionary orders of the court are claimed, e.g., specific performance, permanent or temporary injuction, appointment of receiver In such cases courts can still refuse relief where the delay on…

It is one of the principles of the English criminal law that to constitute guilt there must be a guilty intent along with the act itself and that a crime is not committed if the mind of the person doing the act in question be innocent. The maxim governing the above proposition is actus non facit reum, nisi mens sit rea, i.e., the act itself does not constitute guilt unless done with a guilty intent.There must be an intention to do some act before a person can be guilty of crime. In the words of Lord Kenyon “the intent and act must both concur to constitute a crime.” Thus mens rea in the case of murder means malice aforethought; in the case of theft an intention to seal and in…

It is noteworthy that the great educators like Plato, Rousseau, Froebel, Spencer, Dewey and Russel have also been great philosophers. Their philosophical views have emerged from their educational schemes or the educational systems of their day.It appears that their educational ideas have played an important part in the development of the philosophical thought, and at the same time their theory of education, too, appeared to have gained much from their philosophy.Fitche, in his Sixth Address to the German people says: “The art of education will never attain complete clearness in itself without philosophy.” Dewey maintains that the most penetrating definition of philosophy is that it is the theory of education in its most general phases. Image Source: binghamton.edu Philosophy and aims of education: ADVERTISEMENTS: Philosophy acquaints us with values in…

To this basic argument for the expansion of the public sector, the government added various reasons over time.(a) To increase the growth of the core sectors of the economy, thereby creating a solid foundation in industrial growth. ADVERTISEMENTS: (b) To serve the equipment and financial needs, of strategically important sectors like Railways, Telecommunications, Nuclear Power, Defence etc. Many technical engineering, consultancy and construction industries were created.(c) To exercise countervailing power on the operation of private monopolies and multinationals in selected area this would be detrimental to the interest of common people and contrary to the principles of establishing a socialistic pattern of society. Image Source: upload.wikimedia.org(d) To ensure easier availability of articles of mass-consumption socially desirable consumable commodities, to check production of unimportant luxury articles and the rationale behind setting…

Rapid economic development requires huge expenditure to be incurred in the various sectors of the economy. As the private sector is usually hesitant and unwilling to invest huge amounts because the returns from such investments are either uncertain or long delayed, it is public expenditure which plays the crucial role in eco­nomic development (especially) in underdeveloped economy.The objectives of public expenditure are the following: 1. Provide social goods: The theory of social goods is of prime importance to the economies of the public sector. The market economy, if certain conditions are met, enables an efficient use of resources for providing private goods. ADVERTISEMENTS: However, when it comes to providing public or social goods (e.g. parks roads, bridges, free or subsidised educational facilities), the market economy often runs into trouble. Social…