Category: Law

Legal Provisions of Section 503 of Indian Penal Code, 1860.Criminal intimidation:This section defines the offence of criminal intimidation. It says that whoever threatens another with any injury either to his person, reputation or property, or to the person or reputation of anyone in whom that person is interested, with the intention of causing alarm to that person, or to cause that person to do any such act which he is not legally bound to do, or to omit to do any act which that other person is entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation. There is an explanation attached to the section according to which a threat to injure the reputation of any person who is dead in whom the person…

The following persons have capacity to give a child in adoption. (i) Father: Under the Pre-Act Law the father could give his son in adoption irrespective of the willingness of the mother to part with the child. The Act of 1956 has changed the law. The consent of the mother should be obtained before the child (son or daughter) can be given in adoption. Image Source: tranquilshores.org ADVERTISEMENTS: Where the mother has renounced the world or renounced Hinduism by embracing some other religion or where the court has declared her to be a lunatic, her consent would not be necessary. An adoptive father cannot give away the adoptive child in adoption to someone else. (ii) Mother: An unmarried woman who has given birth to a child can give her child…

If, on assigning their shares to the sharers, it is found that the total of the shares does not exhaust the whole, the residue will go to the residuaries.But if there are no residuaries, the residue will not go to distant kindred, but would be distributed among the sharers in proportion to their shares. This right of reverter is called radd (“return”). Image Source: opsis.georgetown.edu Sunni Law: ADVERTISEMENTS: The residuaries take the surplus between them, after the shares are satisfied. But instances may occur where there is surplus left, but there are no residuaries to take it. Thus, suppose A dies leaving behind his mother and a son’s daughter (both sharers), and no residuaries. Their shares respectively are 1/6 and 1/2.This together makes 2/3 of, 4’s property, leaving 1/3 of…

Indifference curves analysis is based upon some assumptions, which determine its strength, applicability and shortcomings. W.J. Baumol has taken three main assumptions of non-satiety, transitivity and diminishing marginal rate of substitution. image source: cdn.yourarticlelibrary.comThe various assumptions of the analysis are explained below. (a) Non Satiety: ADVERTISEMENTS: This assumption implies that the consumer has not reached the point of saturation in the consumption of any good. Thus, he always prefers to have more of both commodities. He always tries to move to a higher indifference curve to get higher and higher satisfaction. This assumption is called monotonicity of preferences. (b) Completeness: To enable the consumer to make an optimal choice in the commodity space (entire area lying between the X-axis and Y-axis, it is assumed that between any two bundles, either…

The concept of insanity differs from medical to legal, and it is not that every form of insanity or madness which is recognised by law is a sufficient evidence to excuse.A man may be suffering from some form of insanity in the sense in which the term is used by medical men but may not be suffering from unsoundness of mind as described in Section 84.If the facts showed that the accused knew that he had done something wrong, it did not matter how, though he might be insane from the medical point of view, he could not be exonerated under Sec. 84. image source: pcwallart.com ADVERTISEMENTS: Medical insanity means “the accused’s consciousness of the bearing of his act on those affected by it”.Legal insanity means “the accused’s consciousness in…

The term “property” is used in different senses. In its most comprehensive sense it includes those things, whether animate or inanimate, which belong to a person. It includes all legal rights of whatever description. In this sense a person’s life, liberty, reputation and estate constitute his property. Image Source: i.ytimg.com ADVERTISEMENTS: This usage has become obsolete and finds place only in the works of the older jurists like Blackstone, Hobbes and Locke.In its narrower sense it means only proprietary rights but not personal rights. Thus, land, chattels, shares, debts, copyright, etc., constitute one’s property but not his life, liberty or reputation. In this sense, property includes any right, which has an economic value.In its oldest and narrower sense the term “property” includes nothing more than corporeal property, i.e., the ownership…

The authority of judicial precedent, observes Salmond, has always been a distinguishing charac­teristic of English law and the great body of the common or unwritten law is almost entirely the product of decided cases enshrined in various law reports. Image Source: britishconstitutiongroup.comA judicial precedent in England has authority of law it is not merely evidence of law but is its source and the courts must follow it when established. Neither Roman law nor any other modern system of law allows such importance or authority to precedent. ADVERTISEMENTS: Professor Kecton observes that the following of precedent is easier in England than in many other countries, firstly, because the system of justice is centralized and there is a comparatively small number of reported cases; secondly, because there is no written con­stitution which…