Category: Law

When an offence is committed by one person only there is no difficulty in determining his guilt, but when it is committed by two or more persons the question arises “How far is each liable?” The question is more difficult to answer where the offence does not consist of a single act or omission but consists, as is generally the case, of a series of acts or omissions, and only some part of such series is executed by a person acting in concert with others. Image Source: tribktla.files.wordpress.com ADVERTISEMENTS: For instance, A, B, C and D plan the abduction of E’s wife for an immoral purpose. D goes to E’s house in E’s absence to detain E’s wife at the house to see that she does not go out anywhere.…

The law relating to insanity is laid down under Section 84, I.P.C., which runs as “Nothing is an offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of his act, or that he is doing what is either wrong or contrary to law”. Image Source: newcastlecollection.newcastle.gov.Basis: ADVERTISEMENTS: Insanity means and includes both mental derangement and imbecility. Insanity is a defence to criminal responsibility. The basis therefore is that such a person is not of sound mind is non compos mentis. That is to say, he does not know the nature of the act he is doing or what is either wrong or contrary to law.This section deals with a deficiency of will due…

Punishment for undue influence or personation at an election (Section 171-F of Indian Penal Code, 1860):Whoever commits the offence of undue influence or personation at an election shall be punished with imprisonment of either description for a term which may extend to one year or with fine or with both. Image Source: bellenews.com ADVERTISEMENTS: False statement in connection with an election (Section 171-G):Whoever, with intent to affect the result of an election makes or publishes any statement purporting to be a statement of fact which is false and which he either knows or believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate shall be punished with fine.Illegal payment in connection with an election (Section 171-H):Whoever, without the…

Under the Muslim law a gift may be made to any person without any distinction of age, sex or religion. Thus, a gift may be made to a minor or an adult, to a man or to a woman, to a married or an unmarried person, to a Muslim or a non-Muslim. Under the Hanafi law, the donee must be legally in existence at the time of hiba. Image Source: i-square.usThus, gift to an unborn person, one not in ease, either actually or presumably, is invalid. Under the Shia law a gift to an unborn person can be validly made provided the gift commences with a person in esse. ADVERTISEMENTS: For instance, if a gift is made to a person for life, then, under the Hanafi law, A will take…

There has been some controversy as to whether Muslim law recognizes trust; “It is of no avail that ye turn your faces (in prayer) towards the East and the West, but righteousness is in those who perform their engagements in which they have engaged. These are the true, these are the pious”. Image Source: prestigetaxandtrustservicesblog.files.wordpress.comThese verses from the Koran are often quoted in favour of the view that Muslim law recognizes trusts. In modern India, a Muslim can validly create a trust. Whenever a Muslim makes a gift through the medium of a trust, all formalities of a gift must be complied with. In all those cases where a Muslim can make a valid gift inter, vivos, he may make such a gift through the medium of trust. ADVERTISEMENTS: In…

The Muslim Law of inheritance is a superstructure constructed on the foundations of pre-Islamic customary law of succession. It is based on the patriarchal organisation of the family, in which are buttressed some near cognates side by side with agnates.In Islamic law distinction between the family properly and the separate property has never existed, and in India Muslim law did not recognize the joint family property, though among the South Indian Muslims having matrilineal system, the institution of tarwad is recognised. Image Source: pre04.deviantart.net ADVERTISEMENTS: The twin doctrines of the Mitakshara school of Hindu law, viz., son’s birth right and survivorship, are also not recognised in Muslim law. Since under Muslim law, all properties devolve by succession, the right of heir-apparent does not come into existence till the death of…

Flat 3, Type VI,Belvedere Estate,Alipore, ADVERTISEMENTS: Kolkata – 700 027.December 4, 2010The Deputy Commissioner,Kolkata Police (Traffic), ADVERTISEMENTS: 18, Lalbazar Street,Kolkata – 700 001.Subject: Increasing instances of traffic jams in the city ADVERTISEMENTS: Dear Sir,This letter intends to bring to your kind attention the unimaginable harassment commuters face on Alipore Road due to the growing instances of traffic jams. We know that the number of vehicles on the roads is on the rise and that there is no proportional increase in the number of roads. So, traffic jams are bound to happen. But I do not intend to disturb you with things that do not have an immediate solution. Image Source: s1.cdn.autoevolution.comIt stretches one’s tolerance to the ultimate limit when a difficult situation is aggravated due to the irresponsible behaviour of…

Criminal Misappropriation:1. In Criminal misappropriation, the property comes into the possession of the offender directly by some casualty or otherwise, and he afterwards misappropriates it. Image Source: pearlsofprofundity.files.wordpress.com ADVERTISEMENTS: 2. In Criminal misappropriation the subject matter is movable property only.3. In Criminal misappropriation there is the conversion of property coming into posses­sion of the offender any law.4. In Criminal misappropriation there is no contracted relationship.5. A breach of trust is not included in Criminal misappropriation ADVERTISEMENTS: 6. In Criminal misappropriation the property is innocently acquired, often casually and by chance but by a sub­sequent change of intention of retaining it becomes wrongful and fraudulent.7. Punishment is two years imprisonment and/or fine.Criminal Breach of Trust:1. In the case of Criminal breach of trust the offender is lawfully entrusted with the property…