Category: Law

Legal Provisions of Section 86 of Indian Penal Code, 1860.Offence requiring a particular intent or knowledge committed by one who is intoxicated: ADVERTISEMENTS: This section should be read together with section 85 of the Code. Whereas section 85 deals with the defence of intoxication, this section talks about matters relating to presumption in certain cases where the question of intoxication is involved. There are many sections in the Indian Penal Code wherein an accused can be held guilty only when a particular knowledge or intent is proved against him by the prosecution.In such cases if it is proved that the accused had acted in a state of intoxication, it shall be presumed that he knew the consequences of his act in the same manner as if he had not been…

The doctrine of pious obligation is not based on any necessity for the protection of third but is based on the pious obligation of the sons to see their father’s debts paid. (Sat Narain v. Sri Kishen Das, 63 LA. 384: A. I.R. 1936 P.C. 277). The doctrine of pious obligation under which sons are held liable to discharge their father’s debts is based solely on religious consid­eration.It is thought that if a person’s debts are not paid and he dies in a state of indebtedness, his soul may have to face evil consequences, and it is the duty of his sons to save him from such evil consequences. The basis of the doctrine is thus spiritual and its sole object is to confer spiritual benefit on the father.It is…

Legal Provisions of Section 63 of Indian Penal Code, 1860.Amount of fine: ADVERTISEMENTS: The section provides that while passing a sentence if the amount of fine is not indicated then the fine may be unlimited but it shall not be excessive. The nature of the offence and capacity of the offender to pay are naturally the relevant considerations to determine the amount.The use of the word ‘shall’ indicates that the fine must never be excessive. Section 25, General Clauses Act, 1897 relating to recovery of fines states that sections 63 to 70 of the Indian Penal Code and the provisions of the Code of Criminal Procedure for the time being in force in relation to the issue and the execution of warrants for the levy of fines shall apply to…

Now the most important question is why the law operates. Why do we get increasing return in first stage, diminishing return in second stage and Negative Return in third stage?Below we discuss some important causes. (A) Causes of Increasing Returns (Diminishing Cost): There are three important causes for the operation of increasing return in the first stage. These are: ADVERTISEMENTS: (i) Indivisibility of Fixed Factor: In the beginning, the quantity of fixed factor is abundant relative to the quantity of variable factor. Therefore, when more and more units of variable factor are added to the constant quantity of fixed factor (indivisible factors like plant and machinery), then the fixed factor is more intensively and effectively utilized.This causes the production to increase at a rapid rate. Take for example, one pump…

Extra-judicial Remedies 1. They do not require process of law.2. Sometimes the plaintiff may use reasonable force.3. Immediate relief is available. ADVERTISEMENTS: 4. In most of the remedies compensation will not be available.5. The extra-judicial remedies are accepted by law, until the remedies are within the reasonable limits.6. Extra-judicial remedies are: (a) Expulsion of trespasser; (b) Re-entry on land; (c) Recaption of goods; (d) Distress damage feasant;(e) Abatement of nuisance. Image Source : cdn.shareyouressays.com ADVERTISEMENTS: Judicial Remedies1. They require process of law.2. There is no chance of using force. ADVERTISEMENTS: 3. Some delay is caused to get the relief due to the procedures of the Courts.4. In most of the remedies, compensation and other reliefs are available.5. All judicial remedies are accepted by the law.6. The Judicial Remedies are: (a)…

The following are the points of difference between a summons case and a warrant case and in their procedure:(i) A summons-case means a case relating to an offence and not being a warrant-case: a warrant-case means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years. [Section 2 (IV)](ii) A case assumes the character of a summons-case or warrant-case according to the nature and measure of punishment which the law attaches to the offence. Those cases which are punishable with imprisonment for two years or under are summons-case, while those which are punishable with imprisonment exceeding two years are warrant-cases. Image Source: folkartisans.com ADVERTISEMENTS: Serious offences are thus tried under the procedure laid down for warrant-cases and light or minor…

Parties to appear on day fixed in summons:On the day fixed in the summons for the defendant to appear and answer, the parties shall be in attendance at the court-house in person or by their respective pleaders. The suit shall then be heard unless adjourned to a future day fixed by the court. [Order IX, Rule 1]Dismissal of suit where summons not served in consequence of plaintiff’s failure to pay costs: ADVERTISEMENTS: Where on the day so fixed it is found that the summons has not been served upon the defendant in consequence of the failure of the plaintiff to pay the court-fee or postal charges, if any, chargeable for such service, or failure to present copies of the plaint as required by Rule 9 of Order VII, the Court…

(1) Subject to such conditions and limitations as may be prescribed, an Appellate Court shall have power(a) To determine a case finally;(b) To remand a case; ADVERTISEMENTS: (c) To frame issues and refer them for trial;(d) To take additional evidence or to require such evidence to be taken.(2) Subject as aforesaid, the Appellate Court shall have the same powers and shall perform as nearly as may be the same duties as are conferred and imposed by this Code on courts of original jurisdiction in respect of suits instituted therein.The provisions of S. 107 as elucidated by Order XLI, Rule 27, are clearly not intended to allow a litigant who has been unsuccessful in the lower court to patch up the weak parts of his case and fill up omissions in…

(1) In the case of a public nuisance or other wrongful act affecting or likely to affect the public, a suit for a declaration and injunction or for such other relief as may be appropriate in the circumstances of the case, may be instituted,—(a) By the Advocate-General, or(b) With the leave of the court, by two or more persons, even though no special damage has been caused to such persons by reason of such public nuisance or other wrongful act. ADVERTISEMENTS: (2) Nothing in this section shall be deemed to limit or otherwise affect any right of suit which may exist independently of its provisions.Section 91 (1) of the Code prior to its amendment by the Amendment Act, 1976, authorised the Advocate-General or two or more persons having obtained his…