Category: Law

Essay on Law Relating to Abortion in India !The protection of law to human life also extends to an unborn child in mother’s womb. Causing miscarriage with or without consent of the woman is an offence under Sections 312 and 313 of IPC respectively. Section 312 requires two elements to be satisfied for the offence of miscarriage, namely, (i) it should not have been caused voluntarily; and (ii) it should not have been caused in good faith for the purpose of saving the life of the woman.Although the word ‘abortion’ has not been used in the aforesaid sections but the word ‘miscarriage’ technically speaking refers to abortion which means expulsion of the embryo—foetus at any time before it attains full growth.Miscarriage may be caused at two different stages, that is,…

Very Short Paragraph on Crime !Crime has been a baffling problem ever since the dawn of human civilization and man’s efforts to grapple with this problem have only partially succeeded. There is hardly any society which is not beset with the problem of crime and criminality. As rightly pointed out by Emile Durkheim, crime is a natural phenomenon which is constantly changing with the social change.Criminologists have always differed in their views regarding crime causation. Continental criminologists often support the endogenous theory of criminality which is founded on bio-physical consideration of criminals. The American criminologists on the other hand, are more inclined to explain criminality in terms of social factors. ADVERTISEMENTS: Thus, the former approach the problem of crime causation subjectively while the latter are objective in their approach. The…

Both marginal cost (MC) and average cost (AC) are derived from the total cost. They bear unique relationship. The relationship between MC and AC can be stated as under:(i) When AC falls with increase in output, MC is lower than AC, i.e., MC curve lies below the AC curve. However, it is not necessary that MC should fall throughout this stage. Actually, MC rises earlier than AC.(ii) When AC rises with increase in output, MC is higher than AC, i.e., MC curve lies above the AC curve. ADVERTISEMENTS: (iii) At the level of optimum output, average cost is minimum and constant. Here, MC stands equal to AC, i.e., MC pulls AC horizontally.(iv) At zero level of output both AC and MC are indeterminate. Image Source: i.ytimg.com ADVERTISEMENTS: It brief, it…

Bailable offences:1. Section 2(a) Cr.P.C. defines: “Bailable offence” means on offence which is shown as bailable in the First Schedule or which is made bailable by any other law for the time being in force and; Image Source: cdn.shareyouressays.com ADVERTISEMENTS: 2. Illustrations: a. Sec. 143 IPC-Being a member of an unlawful assembly.b. Rioting (S 147,148) IPC ADVERTISEMENTS: c. Bribery (S. 171 E) IPCd. Simple hurt (S.337) IPCe. Grievous hurt. (S.338) IPCf. Attempt to commit suicide (309) etc. ADVERTISEMENTS: 3. Punishment:Punishment for bailable offence is smaller than the punishment for non-bailable offence. Generally imprisonment less than 3 years or fine or both.4. Section 436 Cr.P.C. is applicable for granting the bail.5. Anticipatory bail is not necessary and applicable.6. In bailable offence, bail is claimed as a right, and the Courts also…

There is a distinction between the defamation against a Judge in his personal capacity, and a contempt of Court. If a person makes certain defamatory remarks against a Judge in his personal capacity, the aggrieved Judge shall have to sue the contemner in his personal capacity on his own name, but not on his post of Judge.Whereas the defamatory remarks are aimed to interfere with the dignity of the Court and administration of justice, then it would be treated as ‘contempt of Court’. The Court (Supreme Court or High Court) can entertain any petition in that connection treating it as contempt of Court, as was taken as suo motu in Sundaram Case.It is clarified by the Supreme Court in Perspective Publications vs. State of Maharashtra (AIR 1971 SC 221) as…

3 Main Differences between Limitation and Estoppel are as follows: Limitation: 1. Limitation is a procedural law. It precludes a person claiming a right to sue after the period of limitation. ADVERTISEMENTS: 2. Limitation does not apply to a matter of defense barring a few exceptions.3. The defense of limitation is open even when the plaintiff’s delay in instituting the suit is due to the conduct of the defendant except where it is fraudulent. Image Source: 185.26.182.219 Estoppel 1. Estoppel is a rule of evidence. It precludes a person from denying the truth of some statement previously made by himself.2. Estoppel may apply to either party. ADVERTISEMENTS: 3. There can be no estoppel against statute. So a person cannot be debarred of the right tc contest the issue of limitation…

5 Most Important Differences between “Reference” and “Revision” are as follows:Reference:1. Section 113 and Order 46 deal with reference. ADVERTISEMENTS: 2. The object of making a reference is to enable the subordinate courts to obtain the opinion of the High Court in advance on a question of law in non-appealable cases, and thereby to avoid the commission of an error which cannot be remedied later on.3. The case is referred to the High Court by the subordinate Court to that High Court. The party is not entitled to make a reference. Image Source: 185.26.182.2194. The grounds of reference relate to reasonable doubt on a ‘question of law’ ADVERTISEMENTS: 5. It is of consultative nature from subordinate Court to High Court.Revision:1. Section 115 deals with revision.2. The object of revision is…

6 Most Important differences between Transfer of Shares and Transmission of Shares are: Transfer of Shares: 1. Transfer of Share means a voluntary act by the parties by which the ownership of the shares is transferred from transferor to transferee. ADVERTISEMENTS: 2. Consideration is required for transfer of shares.3. The transferor has to execute a valid deed/instrument in favor of the transferee. Image Source: consumedmediacom.c.presscdn.com4. Prescribed Forms shall have to be submitted to the company.5. In certain circumstances the Board of directors may refuse to affect the transfer. ADVERTISEMENTS: 6. As soon as the transfer is complete, the liability of the transferor ceases Transmission of Shares: 1. Transmission of shares means transfer of ownership of shares by operation of law.2. No consideration is required for transmission of shares.3. No such…

4 Most Important Differences between Judgment in Rem and ‘Judgment in Personam are given below:Judgment in Rem:1. Meaning: The judgment binds to all men in the world including the parties to the suit. Image Source: familyllb.com ADVERTISEMENTS: 2 Definitions:“The only definition that can properly be given is that is a judgment which binds all men, and not only the parties to the suit in which it was passed, and their privies, and that it belongs to positive law to say that judgments are to be judgments in rem whether for reasons of international community or domestic expediency”. Field. ADVERTISEMENTS: 3. A judgment in rem is conclusive, not only against the parties to it, but also against the entire world.4. There are four instances of judgment in rem:a) Judgments of probate;b)…

Essentials of a valid adoption:The most important and essential ceremonies in adoption among the three regenerate classes, that is, the Brahmans, the Kshatriyas and the Vaishyas, are the following: ADVERTISEMENTS: (1) The actual physical giving and receiving of the boy,(2) DuttaHomam. Image Source : i.huffpost.comPhysical act of giving and receiving:The physical act of giving and receiving of the boy is essential to the validity of an adoption. The ceremony is essential even in case of Sudras. It is of the essence of adoption and the law does not accept any substitute for it. Mere expression of consent or the execution of a deed of adoption though registered but not accompanied by an actual delivery of the boy, does not operate as a valid adoption. ADVERTISEMENTS: (Sasinath v. Krishnasunderi, (1881) 7…