Category: Law

There is not much substantial difference between conspiracy, as defined in Section 120-A and acting on a common intention, as contemplated in Section 34. While in the former, the gist of the offence is bare engagement and association to break the law even though the illegal act does not follow, the gist of the offence under Section 34, is the commission of a criminal act in furtherance of a common intention of all the offenders which means that there should be unity of criminal behaviour resulting in something for which an individual would be punishable, as if it were all done by himself alone. Image Source: skeptic.comAll the accused against whom the prosecution alleges that there was unity of criminal behaviour actuated by a common intention to extort a confession…

All the schools of Muslim law recognize the right of the father to the custody of his minor children in the following two cases: (i) on the completion of the age by the child upto which mother or other females are entitled to its custody, and (ii) in the absence of the mother or other females who have the right to hizanat of minor children. The father cannot be deprived of the right of hizanat of his male child of seven years if he is not found to be unfit. Image Source: expertbeacon.comThe father’s right of hizanat continues till the child attains puberty. It appears that among the Shaffis and the Hanbalis, the father is entitled to the custody of his female children till they are married. ADVERTISEMENTS: Whether or…

Culpable Homicide (S.299)1. A person commits culpable homicide, if the act by which the death is caused is done: Image Source: s2.dmcdn.net ADVERTISEMENTS: Intention a) With the intention of causing death;b) With the intention of causing such bodily injury as is likely to cause death Knowledgec) With the knowledge that he is likely to cause death ADVERTISEMENTS: 2. Culpable homicide is the genus and generic term.3. There is intention, but the intention may or may not exist. Even if exists it is not so much stronger as is evident in murder.4. Intention to kill can be the number and nature of wounds or injuries on the body of the deceased, for example, if one dies with beatings received twice with fists on head, it is a culpable homicide.5. Less serious…

Legal provisions regarding Meaning of Cheating under section 415 of Indian Penal Code, 1860.The essential ingredients of the offence of cheating are: Image Source: team7deuce.files.wordpress.com ADVERTISEMENTS: 1) The accused must deceive the complainant fraudulently or dishonestly or intentionally.2) The complainant must have been induced, to:a) Deliver any property or allow any person to retain any property; orb) Do or omit to do anything which he ought not have done, if he was not so deceived. ADVERTISEMENTS: 3) The act or omission likely to cause any harm to the complainant in body, mind, reputation or property.Explanation to Section 415 says that a dishonest concealment of facts is a deception within the meaning of Section 415.According to Justice Raghubir Dayal, Cheating can be committed in either of the two ways described in…

It is true that section 6 of the Hindu Succession Act, 1956 has intensively affected the entire concept of Mitakshara coparcenary and the rule of survivorship, but they have not been abolished. They have been modified to the extent of the proviso. Image Source: i.ytimg.comIn view of large number of female heirs in class I of the Schedule, it is generally not possible to find a family which does not have female relatives of class I, and thus gives a room to the rule of survivorship. As a matter of fact this situation will scarcely arise and hence it can be said that Mitakshara rule of survivorship has been given a mortal blow in the scheme of present Hindu Succession Act. Effect of Section 6 of the Hindu Succession (Amendment)…

Legal provisions regarding Assault or criminal force to deter public servant from discharge of his duty under section 353 of Indian Penal Code, 1860.Assault or criminal force to deter public servant from discharge of his duty: Section 353 of the Indian Penal Code provides that: “Whoever assaults or uses criminal force to any person being a public servant in the execution of his duty as such public servant, or with intent to prevent or deter that person from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by such person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine,…

Legal provisions regarding Causing hurt or grievous hurt to deter public servants under section 332 & 333 of Indian Penal Code, 1860.Causing hurt or grievous hurt to deter public servants (Sections 332 & 333) ADVERTISEMENTS: 1. Voluntarily causing hurt to deter public servant from his duty (Sec. 332)“Whoever voluntarily causes hurt to any person being a public servant in the discharge of his duty as such public servant, or with intent to prevent or deter that person or any other public servant from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by that person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to…

Characteristic features of Coparcenary are as follows:Coparcenary consists of male members only. It is a creature of law not of agreements. It does not include the persons from outside except the persons who are admitted by adoption. The ownership of coparcenary property is confined to the members of coparcenary. On the death of a coparcener his share in the coparcenary property does not devolve upon his own heir but on the other hand devolves upon other surviving male member on the basis of rule of survivorship. Image Source: i.ytimg.com ADVERTISEMENTS: No coparcener could transfer his interest in coparcenary property on his will but now after passing of the Hindu Succession Act, 1956, Section 30 has empowered the coparcener to transfer his undivided interest in the coparcenary property by will. There…

Difference between Estoppel and Res Judicata are as follows:1. Estoppel is a part of the law of evidence, and proceeds upon the equitable principle of an altered situation; the doctrine of res judicata, belongs to procedure, and is based upon the principle that there must be an end to litigation. Image Source: 3.bp.blogspot.com ADVERTISEMENTS: 2. Estoppel prohibits a party from proving anything which contradicts his previous declaration of acts to the prejudice of the party, who relying upon them, altered his position. Res judicata, on the other hand, prohibits the Court form inquiring into a matter already adjudicated.In other words, res judicata precludes a man averring the same thing twice over in successive litigation, while estoppel prevents him from saying one thing at one time and the opposite at another.