Category: Trade

Legal provisions regarding power of Court to release certain offenders on probation of good conduct under Section 4 of Probation of Offenders Act, 1958.(1) When any person is found guilty of having committed an offence not punishable with death or imprisonment for life and the Court by which the person is found guilty is of opinion that, having regard to the circumstances of the case including the nature of the offence and the character of the offender, it is expedient to release him on probation of good conduct, then notwithstanding anything contained in any other law for the time being in force, the Court may, instead of sentencing him at once to any punishment, direct that he be released on his entering into a bond, with or without sureties, to…

Section 42 of the Specific Relief Act, 1963 Provides that: 1. Consequential Relief: In a suit for declaration to the effect that defendants are neither owners not have any right of redemption, there was omission to seek declaration against statutory order of Collector granting redemption of mortgage and affirming possession of defendant therefore, suit was barred. Image Source: mayurbardolia.com 2. Contract in restraint of trade: ADVERTISEMENTS: The question whether an agreement is void under Section 27 of the Contract Act, 1872 must be decided upon the wording of that section. There is nothing in the wording of Section 27 to suggest that the principle stated therein does not apply when the restraint is for a limited period only or is confined to a particular area. Such matters of partial restriction…

In ancient times, India and China had close trade and cultural relations. India was one of the first countries to recognise the People’s Republic of China, which was formed in 1949. Image Source: news.saanj.netLater on, India also supported that country’s admission into the UN. ADVERTISEMENTS: In 1954, India and China entered into a treaty of friendship based on five principles, called the Panchsheel (panch means five and sheel means a way of conducting oneself). By this treaty, India also formally recognised China’s authority over the Himalayan territory of Tibet situated between India and China.However, tensions arose over the definition of the India-Tibet border. China claimed vast areas in the Indian territories of Ladakh and Arunachal Pradesh (earlier North-East Frontier Agency, or NEFA).

Clive decided to overthrow Siraj-ud-daulah when Siraj began to favour the French. Clive won over some of the members of Siraj’s court, including the commander-in-chief Mir Jafar. Image Source: britishbattles.comIntrigues followed, leading to the Battle of Plassey in 1757between Siraj and the English East India Company. Siraj was defeated and killed. Mir Jafar, who became the new ruler of Bengal, rewarded the East India Company with a large sum of money, the zamindari (right to collect revenue) of Twenty-four Parganas, and free trade. The victory at Plassey thus transformed the Company from a mere trading institution to a political force in Bengal. It also exposed the weakness of the Indian political system. Mir Jafar failed to meet the Company’s heavy monetary demands. So, in 1760, the Company deposed Mir Jafar…

Here is your essay on Parole Violation !The release of a prisoner on parole though meant for his own rehabilitation may not necessarily always be a success. At times, the parolee may deviate from the conditions on which he was released. This results into parole violation and he is liable to be returned to the prison or the institution from which he was parolled out. image source: newyorkcitylegalteam.com ADVERTISEMENTS: At first, a warrant of arrest is issued and served to the parole-violator and he is finally arrested and brought back to the prison or the institution by the parole authorities without the necessity of a fresh trial in his case. He is then given a ‘parole-violation hearing’ and offered every opportunity to defend his case in person or through a…

Legal provisions regarding compounding of offences under section 320 of the Code of Criminal Procedure, 1973.A composition is an arrangement whereby there is settlement of the differences between the injured party and the person against whom the complaint is made. It is not necessary that the composition should be in writing. It may be oral.If both the parties agree that there has been compromise, then the Court has to dispose of the case in terms of that compromise and the petitioner is to be acquitted. If, on the other hand, parties differ, then the Court has to call upon them to lead evidence and then record a finding on such evidence. Image Source: media.nbcphiladelphia.com ADVERTISEMENTS: The offences that may lawfully be compounded are those that are mentioned in Section 320…

The Himalayas have been one of the dominant features of India. They are the abode of snow. Consequently they have long been known as the Himavan, Himadri, Himachal or the Himalaya. They are the youngest and the highest folded mountains on earth, rising to over 8,000 metres from the sea level, which run in an east-west direction along the entire northern boundary of India for 2500 kms. Image Source: trishulla.comThey are 240 to 500 kms. Broad (as in Kashmir) and cover about 500,000 sq. kms. Their areal stretch is between the Indus river and the Brahmaputra, encompassing parts of the Himachal Pradesh, the entire Jammu and Kashmir, the Dehradun district and Kumaon district of Uttarakhand, Nepal, Sikkim and Bhutan; the Darjeeling district of West Bengal; the states of Assam, Manipur,…

The Union of India is the seventh larg­est country in the world covering an area of 32, 87,263 square kilometres and it is an important country of South Asia. India is twelve times larger than U.K. and eight times larger than Japan. The mainland stretches from latitude 8°4? north to 37°6? north and from longitude 68°7? east to 97°25? east of Greenwich. Image Source: static.dyp.imThe latitudinal and longitudinal extent of the country is almost same in de­grees i.e. about 30 degrees. Due to vast longitudinal extent, the time difference between the two extreme points in the east and west is of two hours. As such, time along the standard meridian of In­dia (82°30E) passing through Allahabad is taken as the Standard Time for whole country. The country is of a…

Essay on the Important Theories of Collective Violence !There are five basic theories that provide the framework for understanding the incidents of collective violence. image source: mediad.publicbroadcasting.net ADVERTISEMENTS: They are as follows: 1. Theory of irrationality: According to this theory, people indulging in collective violence understand and foresee the consequences of their actions when they act in large groups and crowds. Freud has supported this theory. The agitation by the Gujar community in Rajasthan in 2008 against the Government and insurgency prevailing in North-East parts of India provide an illustration of this kind of collective violence. Terrorism and naxalite movement is also covered under this theory. 2. Theory of Frustration-Aggression: It has generally been observed that uprisings and collective violence often errupts due to deprivation of people of their socio-economic…

Opinions of experts:When the Court has to form an opinion upon a point of foreign law or of science or art, or as to identity of handwriting or finger impressions, the opinions upon that point of persons specially skilled in such foreign law, science or art, or in questions as to identity of handwriting or finger impressions are relevant facts. Image Source: johntole.com ADVERTISEMENTS: Such persons are called experts.Illustrations: (a) The question is, whether the death of A was caused by poison.The opinions of experts as to the symptoms produced by the poison by which A is supposed to have died are relevant. ADVERTISEMENTS: (b) The question is, whether A, at the time of doing a certain act, was, by reason of unsoundness of mind, incapable of knowing the nature…