Category: Common Law

Here is your speech on Criminal Conspiracy:When two or more persons agree to commit any crime, they are guilty of conspiracy whether the crime is committed or not.American Enclyopaedia: It has been said that there is perhaps no crime an exact definition of which it is more difficult to give than the offence of conspiracy. ADVERTISEMENTS: The essential of a conspiracy, whether viewed with regard to its importance in a criminal prosecution or its significance in a civil action for damages, are commonly described in this general language.It is a combination between two or more persons to do a criminal or an unlawful act or a lawful act by criminal or by unlawful means. Image Source : static.libsyn.com ADVERTISEMENTS: This definition is perhaps is not perfectly accurate, but is sufficient…

In the last two decades there has been a lot of controversy regarding the journalist and his professional privileges.The most interesting and controversial of these is “should a journalist publishing any information be compelled to disclose in a court of law, the source of his information, when it has been given to him in confidence and with the implied understanding that the source would not be disclosed?”This question has caught the attention of people in the profession, the courts, academicians and others. Simply stated the controversy seems to be between the duty of a citizen to give evidence in a court of law on matters relevant to the trial in that court and the duty of a journalist to his own profession. Image Source: cdn.mhpbooks.com ADVERTISEMENTS: All well-informed citizens are…

The distinction between Com­mon Laws, and Equity led to the establishment of two classes of rights, distinguishable as legal and equitable. Image Source: hawaiiesquire.comLegal rights are those which were recognised by Courts of Com­mon Law, whereas equitable rights are those which were recognised solely in the Court of Chancery, which was presided over by the Chancellor. ADVERTISEMENTS: The right vested in a trustee is thus legal right, but the Court of Chancery or the Court of Equity went a step further and recognised the right of the beneficiary as equitable right.The Judicature Act of 1873 brought about the fusion of Common Law and Equity establishing a High Court of Justice with a Court of Appeal over it. Thus, all rights, whether legal or equitable, now obtain legal recognition in common…

A child can commit no wrong (i) if he is below 7 years of age as he is at such age presumed to be not endowed with a sufficient maturity of understanding to be able to distinguish right from wrong, or (ii) if he is above 7 and below 12 but too weak in intellect to judge what is right or wrong. The principle of the law may be expressed in tabular form as follows: Image Source: ebenezerlearningcenter.comSection 82 says nothing is an offence which is done by a child under seven years of age and Section 83 says nothing is an offence which is done by a child above seven years of age and under twelve, who has not attained sufficient maturity of understanding to judge of the nature…

There are five kinds of statements which become relevant on account of the special circumstances in which they are made. Image Source: media1.fdncms.com1. Regular entries in account books (S. 34): ADVERTISEMENTS: Entries in books of account, including those maintained in an electronic form, regularly kept in the course of business, are relevant, whenever they refer to a matter into which the Court has to inquire; but such statements are not alone sufficient evidence to charge any person with liability.Illustration: A sues 6 for Rs. 1,000, and shows entries in his account book showing  to be indebted to him to this amount. The entries are relevant, but are not sufficient, without other evidence, to prove the debt.This section is based upon the principle that entries made regularly in the course…

Article 20(2) of the Constitution of India provides that “no person shall be prosecuted and punished for the same offence more than once”. It indicates the common law rule of nemo debet vis vexari which means that no man should be put twice in peril for the same offence. If he is prosecuted against for the same offence for which he has already been prosecuted, he can take complete defence of his former acquittal or conviction.Under Article 20(2) of the Constitution of India, the protection against double punishment is given only when the accused has not only been ‘prosecuted’ but also ‘punished’, and is sought to be prosecuted second time for the same offence. The use of the word ‘prosecution’ thus limits the scope of the protection under clause (1)…

Consideration of proved confession affecting person making it and others jointly under trial for same offence:When more persons than one are being tried jointly for the same offence, and a confession made by one of such persons affecting himself and some other of such persons is proved, the Court may take into consideration such confession as against such other person as well as against the person who’ makes such confession. Image Source: i.kinja-img.com ADVERTISEMENTS: Explanation:“Offence,” as used in this section, includes the abetment of, or attempt to commit the offence.Illustrations: (a) A and  are jointly tried for the murder of C. It is proved that A said—“B and I murdered C.” The Court may consider the effect of this confession as against B. ADVERTISEMENTS: (b) A is on his…

Section 23 of the Specific Relief Act, 1963 Provides that: 1. Enforcement of: The purchaser’s contract to pay off a mortgage debt could not be enforced by the mortgagee who was not a party to the contract. It must therefore be taken as well settled that except in the case of a beneficiary under a trust created by a contract or in the case of a family arrangement, no right may be enforced by a person who is not a party to the contract. Image Source: cdni.wired.co.uk 2. Entitlement for: ADVERTISEMENTS: Where the stipulation for damages was made only for the purpose of securing performance of the contract and not for the purpose of given an option to paying money in lieu of specific performance, the appellant was entitled in…

5 Most Important Differences between Droit Administrative and English Common Law are given below: Droit Administrative: 1. There was a contract between a private gas company and the Town Planning Council for the supply of gas to Council for a period of 30 years at certain rate. The contract was made in 1904. Due to the First World War during 1914-18, the coal rates and all other commodities had been abnormally increased. The gas company could not supply the gas on the rates as per agreement.On the application of Gas Company, Counsel data increased the rates of gas immediately, keeping in view of the difficulties of the gas company and also the citizens of the town. ADVERTISEMENTS: 2. Fortune’s case:A person wanted to appear for competitive examinations. Permission was not…