Category: Essays

Responsibility and Delegations are given below:Delegation takes place when a superior passes on to a subordinate a share of his over responsibility, together with the necessary authority to discharge the responsibility which was delegated. Image Source: power2transform.com ADVERTISEMENTS: The superior has certain objectives which he is charged with achieving. It is the portion of these objectives which he delegates to his subordinates. The superior also has the authority to get the job done, and he passes on part of this authority to the subordinate.Responsibility arises from the superior-subordinate relationship. A superior is one who has effective authority over another and a subordinate is one who is subject to the effective authority of another.The authority flows from the superior to a subordinate when duties are assigned, and responsibility is the obligation…

Legal provisions regarding alteration of charge by Court and the procedure thereafter under section 216 and 217 of the Code of Criminal Procedure, 1973.(1) Any Court may alter or add to any charge at any time before judgment is pronounced. ADVERTISEMENTS: (2) Every such alteration or addition shall be read and explained to the accused.(3) If the alteration or addition to a charge is such that proceeding immediately with the trial is not, likely, in the opinion of the Court, to prejudice the accused in his defence or the prosecutor in the conduct of the case, the Court may, in its discretion, after such alteration or addition has been made, proceed with the trial as if the altered or added charge had been the original charge. Image Source: upload.wikimedia.org(4) If…

Responsibility towards any organization are given below:Responsibility is among the most important parts of any organization. It is the obligation that members assume to carry out their duties to the best of their ability in accordance with directions, procedures and policies. Thus, responsibility has its roots in Work differentiations that are needed to attain organisational goals. Image Source: b-i.forbesimg.com/stevedenning ADVERTISEMENTS: The concept of responsibility is not easy to define. Responsibility comes into being when a person has a superior who has given him certain duties to perform. These duties consist of the delegation of the task of achieving a portion of the objectives which the superior is charged with attaining.By this action the subordinate comes to have certain defined and limited objectives to achieve. The Subordinate has accepted the task…

Legal provisions regarding arrest of accused in appeal from acquittal under section 390 of the Code of Criminal Procedure, 1973.As per Section 390 of the Code of Criminal Procedure, when an appeal is presented under Section 378 of the Code, the High Court may issue a warrant directing that the accused be arrested and brought before it or any subordinate Court, and the Court before which he is brought may commit him to prison pending the disposal of the appeal or admit him to bail. Image Source: joeyisalittlekidlawsuit.com ADVERTISEMENTS: In a capital case where an appeal against acquittal has been preferred, it is neither the practice nor is desirable that the accused should be at large while his fate is being discussed in the Court. The High Court has the…

Climate may be defined as a complex of meteorological conditions which exists in any given area and imparts an individuality of the landscape of that area. It is the sum total of weather condi­tions and variations over a large area for a long period of time (more than thirty years). Among the numerous meteorological elements precipitation, temperature, relative humidity and evaporation are the most important. Image Source: yourarticlelibrary.comThe word ‘Monsoon’ is derived from the Arabic word ‘Mausim’ Monsoon is flow pattern of the general atmosphere circulation over a wide geographical area, in which there is a clearly dominant wind in one direction in every port of the region concerned, but in which this prevailing direction is reversed (or almost reversed) from winter to summer and from summer to winter.” ADVERTISEMENTS:…

When oral admissions as to contents of documents are relevant:Oral admissions as to the contents of a document are not relevant, unless and until the party proposing to prove them shows that he is entitled to give secondary evidence of the contents of such document under the rules hereinafter contained, or unless the genuineness of a document produced is in question. Image Source: i.ytimg.com ADVERTISEMENTS: Comments: Section 22 lays down that the contents of the documents can be proved by the documents itself and not by oral evidence. The contents of a document capable of being produced must be proved by the instrument and not by parole evidence.Under the provisions of the Evidence Act the contents of the documents are proved either by primary evidence or by secondary evidence. According…

Previous bad character not relevant, except in reply:In criminal proceedings the fact that the accused person has a bad character is irrelevant, unless evidence has been given that he has a good character, in which case it becomes relevant. Image Source: pre12.deviantart.net ADVERTISEMENTS: Explanation 1:This section does not apply to cases in which the bad character of any person is itself a fact in issue.Explanation 2:A previous conviction is relevant as evidence of bad character. ADVERTISEMENTS: Comments: Scope:In a criminal trial it is the principle that the good character of the accused is relevant. Section 54 lays down that the prosecution cannot lead evidence of bad character of the accused unless the accused leads evidence of his good character.Principle: ADVERTISEMENTS: Under this section the prosecution can give evidence of bad…

Burden of proving death of person known to have been alive within thirty years:When the question is whether a man is alive or dead, and it is shown that he was alive within thirty years, the burden of proving that he is dead is on the person who affirms it. Image Source” images.rapgenius.com ADVERTISEMENTS: Comments: Sections 107 and 108 have to be read together, because both the sections are complementary to each other. Section 107 is based on the principle of continuity of life whereas Section 108 is regarded as proviso to Section 107. Whereas Section 107 deals with the presumption of continuance of life, Section 108 with the presumption of death. Section 107 is merely a deduction from this presumption.Principle:Section 107 lays down that if a person is proved…

Estoppel of acceptor of bill of exchange, bailee or licensee:No acceptor of a ‘bill of exchange shall be permitted to deny that the drawer had authority to draw such bill or to endorse it; nor shall any bailee or licensee be permitted to deny that his bailor or licensor had, at the time when the bailment or licence commenced, authority to make such bailment or grant such licence. Image Source: 3.bp.blogspot.com ADVERTISEMENTS: Explanation 1:The acceptor of a bill of exchange may deny that the bill was really drawn by the person by whom it purports to have been drawn.Explanation 2: ADVERTISEMENTS: If a bailee delivers the goods bailed to a person other than the bailor, he may prove that such person had a right to them as against the bailor.Comments:…

Judges and Magistrates:No Judge or Magistrate shall, except upon the special order of some Court to which he is subordinate, be compelled to answer any question as to his own conduct in Court as such Judge or Magistrate, or as to anything which came to his knowledge in Court as such Judge or Magistrate; but he may be examined as to other matters which occurred in his presence whilst he was so acting. Image Source: static1.businessinsider.com ADVERTISEMENTS: Illustrations: (a) A, on his trial before the Court of Sessions, says that a deposition was improperly taken by B, the Magistrate. Â cannot be compelled to answer questions as to this, except upon the special order of a superior Court.(b) A is accused before the Court of Sessions of having given false…