Category: Law

Section 27 of the Specific Relief Act, 1963 Provides that: 1. Equitable relief: The Supreme Court on aspects of equitable relief observed as follows: Image Source: wickedcozy.files.wordpress.com ADVERTISEMENTS: “9. We are of the view that the High Court failed to address itself to certain crucial factors which disentitles the plaintiff to equitable re­lief. The High Court reversed a well-considered judgment of the Trial Court without adverting to the reasoning of the trial Court except in a cursory manner. In the view we are taking, it is not necessary for us to dilate on various legal issues debated before us. We shall proceed on the basis that in law the plaintiff could annul the con­tract of sale before the act of registration got completed and title passed to the appellants. We…

What are the Main Difference between Arrest and Custody are as follows:Arrest is a mode of formally taking a person in police custody. Whereas ‘custody ‘ merely denotes surveillance or restriction on the movement of the person concerned.A person may be taken in custody completely or even partially. The concept of being in custody is, therefore, different from that of a formal arrest. Thus it would be seen that in every arrest there is custody but the converse is not true and as such, arrest and custody are not synonymous terms. ADVERTISEMENTS: The provisions of this section are not exhaustive as there are various other Acts such as the Arms Act, the Explosives Act etc. which also confer powers on police officers to arrest a person without a warrant or…

7 Major Differences between Appeal and Revision may briefly be stated is follows:(1) Appeal is a legal right of a party but revision depends on the discretion of the Court, therefore it cannot be claimed as a matter of right.(2) An appeal may lie on the point of law as well as on facts but a revision generally lies on the question of law only. ADVERTISEMENTS: (3) In case of appeal, the appellant is heard, but it is not necessary in case of a revision petition.(4) In case of appeal, the Appellate Court can neither increase the sentence nor pardon the appellant but both these are possible in case of revision.(5) In appeal, the higher court may convert discharge of the accused into his conviction but this cannot be done…

In the short run, output may be varied by varying the quantity (quantities) of the variable factor (s), while keeping the quantity (quantities) of other factors constant. The behaviour of output in such situation actually falls into three distinct stages.In Fig. 8.2, we have graphically illustrated the production function with one factor variable (for the sake of convenience), while all other factors are held constant. Quantity of the variable factor is shown on the X-axis and total product, average product and marginal product are measured along the Y-axis. ADVERTISEMENTS: The variations in the total, average and marginal product by varying the quantity of variable factor are shown in this figure. Here, total product (TP) goes on rising to a point and after that it starts falling. Average and marginal product…

We have studied under the law of demand that other things remaining the same, if price of a commodity rises, its demand decreases and if price of the commodity falls, its demand increases.When quantity demanded of a commodity increases as a result of the fall in the price, it is called extension (or expansion) in demand (a movement down the demand curve) and when the quantity demanded decreases as a result of an increase in the price of the commodity, it is called contraction in demand (a movement up the demand curve). Thus, extension and contraction in demand imply change in quantity demanded due to change in the price of the commodity, other things remaining the same. ADVERTISEMENTS: Extension in demand is shown in Fig. 1.7. At price OP1, OQ1…

The difference between “Bailable” and “Non-bailable” Offences are as follows:A bailable offence is an offence which is shown as bailable in the First Schedule to the Code, or which is made bailable by any other law for the time being in force. A non-bailable offence means any other offence. ADVERTISEMENTS: Offences can be classified in three ways: (i) bailable or non-bailable; (ii) cognizable or non-cognizable; and (iii) compoundable or non- compoundable. (All these are discussed at the appropriate places.)The word bail means release of a person from legal custody. Thus, when a person is granted bail, he is released from restraint. It may be noted that in the case of a bailable offence, bail can be claimed as a matter of right [S. 436(1)]. As soon as the accused is…

The Muslim institution of wakf has several characteristic features, some of which are unique. The outstanding features of a wakf are that the property vests in the ownership of God, it is permanent dedication, and wakf is irrevocable.In fact, these are the two facets of the same thing. Property vests in God: The outstanding feature of wakf is that the ownership of property dedicated for the wakf vests in God. It has been put thus: “The tying up of property in the ownership of God, the Almighty, and devotion of the profits for the benefit of human beings”. ADVERTISEMENTS: Once the dedication of property is made to the wakf, the ownership of the wakf is extinguished, and it is transferred to God. Or, figuratively speaking, “Property is God’s acre”.Under the…

Legal Provisions of Section 372 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.No Appeal to Lie Unless Otherwise Provided: ADVERTISEMENTS: According to the literal dictionary meaning, “an appeal is a complaint to a superior Court of an injustice done or error committed by an inferior one, whose judgment or decision the Court above is called upon to correct or reverse.”The present section expressly provides that there can be no right of appeal against a judgment or decision of a lower Court unless a provision for appeal is specifically provided by the law itself. It therefore, follows that there is no inherent right of appeal because an appeal is a creature of the statute.The Code does not permit appeal in petty cases (Section 376), nor does it allow an appeal where…

Long period or Long-run refers to the time period long enough for all costs to become variable. The capital equipment of a firm can be changed in the long period, and the entrepreneur can decide to build a new plant of different size, if he likes. When all factors become variable, the scale of production is altered and the distinction between fixed costs and variable cost disappears.Since all factors are variable the firm can change the factors which will give him minimum costs. A firm always tries to remain in the minimum point of SAC. When a firm expands its output and due that average cost rises, he will shift to another SAC and to produce more output at the minimum of this SAC by changing variable factors. So every…