Category: Essays

The main points of distinction between S. 145 and S. 147 are as follows:(i) Whilst S. 145 applies to disputes as to possession of land, S. 147 applies to the right as to the use of land or water claimed as an easement or otherwise.(ii) Whereas S. 145 provides for attachment, S. 147 does not contain any such provision, as this deals with abstract rights of the user. ADVERTISEMENTS: (iii) S. 145 requires proof of actual possession, irrespective of the legal right. S. 147, on the other hand, requires the Magistrate to ensure if the right of the actual user appears to exist, irrespective of the legal rights.(iv) Lastly, the provisions of S. 145 are mandatory, whereas those of S. 147 are discretionary. Image Source: brookmanblog.files.wordpress.com

Object: To demonstrate the process of osmosis. Image Source : pacificwater.com.au Requirement: One big beaker or flask, one thistle funnel, strong cane sugar solution, pure water, semipermeable membrane (cellophane), one piece of gummed paper, wax, etc. Principle: “Osmosis is a process in which water or any other solvent flows through a semipermeable membrane from a lower con­centrated solute solution to one of higher concentrated solute solu­tion”. ADVERTISEMENTS: It is simply a case of diffusion, but the movement of solvent usually causes an obvious volume change, whereas the movement of solute has a negligible effect. Procedure: Take a thistle funnel and the piece of a semiper­meable membrane is tied tightly across the button of the thistle funnel and the joint is waxed with melted wax to make it water-tight.Now fill up…

Legal Provisions of Section 206 of Indian Penal Code, 1860.Fraudulent removal or concealment of property to prevent its seizure as forfeited or in execution: ADVERTISEMENTS: Fraudulent removal or concealment of property to prevent its seizure as a forfeited property or in execution of a decree or order has been made an offence under this section. The section says that whoever with intention to defraud either remove, conceals, transfers or delivers to any person any property or any interest in that property, with the intention thereby to prevent the taking of that property or interest in that property as a forfeiture or in satisfaction of a fine, under a pronounced sentence, or under a sentence about which he has knowledge that it is likely to be pronounced, by either a court…

Here is your short summary of the Poem “Rondel of Merciless Beauty” by Geoffrey Chaucer:This poem is dedicated by Geoffrey to the love of his life that he admires but calls her merciless beauty because she has probably abandoned her. He finds his life too shaken and his heart completely broken after she left him. His is still fond of his eyes which he believes attacked and captured his heart. He was so moved by them that he uses the phrase “your two great will slay me suddenly”.It also shows that he is anticipating her to come back in his life and mend his broken heart and heal his wound. He is in deep love with her voice which he can’t listen to because she isn’t near to her anymore.…

Legal Provisions of Section 311 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.Power to summon material witness, or examine person present:The section confers wide discretionary power on Courts to summon any person as a witness or to examine any person who is present though not summoned or recall and re­examine any person already examined, when it thinks it expedient to do so in the interest of justice. ADVERTISEMENTS: The Judge or the Magistrate may resort to either of the three actions as stated above, not only in the interest of the accused only, but also for the benefit of the prosecution as well. The power is exercisable at any stage of inquiry, trial or other proceeding under the Code.The High Court of Punjab in Dalip Singh v. State of Punjab…

Legal Provisions of Section 269 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.Officer-in-charge of prison to abstain from carrying out order in certain contingencies:The section provides a guideline for the officer-in-charge of the prison and lays down as to when he should or should not abstain from carrying out the order of the Court passed under Section 267 of the Code. An officer-in-charge of the prison may with the consent of the concerned Court, carry out the order under Section 267 of the Code issued by the subsequent Court. ADVERTISEMENTS: The Allahabad High Court has expressed a view that mere fact that committal proceedings are pending in respect of same accused at same Court at another place does not debar the jurisdiction of the Magistrate at a subsequent place of…

Legal Provisions of Section 280 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.Remarks respecting demeanour of witness: ADVERTISEMENTS: The demeanour of a witness affects the evidentiary value of the deposition made by a witness and his credibility. Under this section the Judge or the Magistrate is authorised to record not only the evidence of a witness but also such remarks as he thinks material regarding the demeanour of such witness while under examination.The Allahabad High Court has held that any observation about the demeanour of a witness in the course of judgment though not illegal is not fair. It is imperative that any noting about the demeanour of witness should be known to the counsel of the parties so that they may make suggestions about the inferences drawn by the…

Legal Provisions of Section 237 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.Procedure in cases instituted under Section 199 (2):The trial of cases mentioned in this section shall be in accordance with the procedure laid down in Sections 244-247, i.e. trial of warrant cases instituted otherwise than on a police report before a Court of Magistrate. The provisions of this section are designed in the public interest. ADVERTISEMENTS: The trial in such cases may be held in camera if either party so desires or the Court thinks it proper. If the case results in the discharge or acquittal of the accused, he may be granted compensation provided the Court is of the opinion that there existed no reasonable cause of making the defamatory accusation or the complaint was false or…

Legal Provisions of Section 216 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.Court may alter charge:The section seeks to remedy the defects in the framing or non-framing of a charge at the initial stage or at any subsequent stage of trial prior to the pronouncement of judgment. The section invests sufficient power to the Courts to alter or amend a charge whether by trial Court or by the appellate Court provided the accused is not prejudiced by such alteration or change. ADVERTISEMENTS: Alteration of charge under Section 165 A of IPC to one under Sections 161/109, IPC in respect of abetment was held not to an illegality and it could be permitted under Section 216 of the Code.Commenting on the provisions contained in Section 216 of the Code the Supreme…

Legal Provisions of Section 209 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.Commitment of case to Court of Session when offence is triable exclusively by it:In cases where the offence is triable exclusively by Court of Session, the Committing Magistrate has no power to discharge the accused under Section 203, nor has the power to take oral evidence except where specific provisions like Section 306 so enjoins. He is also not to launch on a process of satisfying whether the facts and material make out a prima facie case or not. ADVERTISEMENTS: His power under this section is limited merely to ascertain whether the case, as disclosed by the police report, appears to constitute an offence which is exclusively available by a Court of Session and if so, he has…