Category: Law

An infant under the age of seven years is by presumption of law doli inscape and cannot be endowed with any discretion. He cannot distinguish right from wrong and if he is prosecuted the very fact that he is below seven years is a sufficient answer to the prosecution. The law is that nothing is an offence which is done by a child under seven years of age. (S. 82). Image Source: traffickingnews.filesA child above seven years of age and fewer than twelve is liable if he has attained sufficient maturity of understanding to judge of the nature and consequences of his conduct on that occasion. (S. 83). ADVERTISEMENTS: Thus, where the accused is above 7 but below 12 years, the incapacity to commit an offence only arises if the…

The essential elements of the contract are:(a) Proposal and acceptance(b) Consideration ADVERTISEMENTS: (c) Capacity of parties to contract competent parties(d) Writing and Registration if so required(e) Legal relationship ADVERTISEMENTS: (f) Certainty(g) Possibility of performance and enforceability by Law. Image Source: thebsixlegalconsultancy.comThe initial steps towards a contract are that one person shall make a proposal or offer to the other, with a view to obtaining the acceptance of the person to whom the offer is made. A proposal when accepted becomes a promise.According to Section 2 (b) of Indian contract Act is “When the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted”. A proposal when accepted becomes a promise. The person making the proposal is called promisor. ADVERTISEMENTS: The second feature…

Preliminary contracts are contracts entered into by the promoters on behalf of the company before its incorporation with third parties.It is usual for the promoters to enter into these contracts of purchases of assets on behalf of the company about to be formed but before it is actually formed. They generally enter into these contracts as agents or trustees of the company, which has not yet come into existence.Such contracts are legally not binding upon the company even after it comes into existence. The company can neither ratify those contracts nor sue the vendors on them after its incorporation because ratification requires existence of the principal at the time when the contract was entered into. Image Source: guerrillafreelancing.com Cases: ADVERTISEMENTS: (i) N & Co. entered into an agreement with one…

If a company refuses, whether in pursuance of any power of the company under its articles or otherwise, to register the transfer of any shares of a member in the company, it shall within two months from the date on which the instrument of transfer was delivered to the company, send notice of the refusal to the transferee and the transferor, giving reasons for such refusal.The transferor or transferee may appeal to the Company Law Board (Tribunal) against any refusal of the company to register the transfer or to send notice of its refusal to register the same.The appeal can be made within two months of the receipt of the notice of such refusal or, where no notice has been sent by the company, within four months from the date…

Inheritance of characters from parents to offspring is primarily dependant on the nucleus. Oscar, Her twig etc., had established in 1870 itself the importance of nucleus in the hereditary transmission of characters.The discoveries of Mendel further provided the genetic evidence for nucleus being the seat of all hereditary characters.The nucleus forms specific number of chromosomes during cell division and these duplicate, maintaining their number in future cell generations. Image Source: a4.files.biography.com ADVERTISEMENTS: Chromosomal aberrations, both structural and numerical leading to phenotypic abnormalities provided further proof for chromosomes albeit nucleus to be the only organelle concerned with the transmission of characters.The discovery of sex linked characters gave further impetus for the chromosome theory of inheritance as it was firmly established that a particular trait followed a particular chromosome.An additional proof for…

Section 31 of the Code of Criminal Procedure lays down that when a person is convicted at one trial for two or more offences, the court may, subject to the provisions of Section 71 of the Indian Penal Code, sentence him, for such offences, to the several punishments prescribed therefore which such court is competent to inflict : such punishment when consisting of imprisonment to commence the one after the expiration of the other in such order as the court may direct, unless it directs that such punishment shall run concurrently, in the case of consecutive sentences it is not necessary to send the offender for trial before a higher court, if the aggregate punishment for the several offences is in excess of the punishment which it is competent to…

Arrested person not to be detained for more than 24 hours: When a person is arrested without a warrant, a police officer shall not detain him for a longer period than under all the circumstances of the case is reasonable and such period shall not, in the absence of a special order of Magistrate under section 167, exceed 24 hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate’s court. (Section 57).To the same effect are the provisions of Article 22 (2) of the Constitution. It provides that every person arrested and detained in custody shall be produced before the nearest Magistrate within a period of 24 hours of such arrest excluding the time necessary for the journey from the place of arrest…

(a) Summons and warrant cases: “Summons case” means a case relating to an offence and not being a “warrant case” and “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 (w & x)]A case assumes the character of “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 and under are summons cases, while those which are punishable with imprisonment for a term exceeding two years are warrant cases.The above division marks off ordinary cases from serious ones, and provides for a difference in the procedure of trials of the two. Serious offences are…

“Cognizable offence” means an offence for which and “cognizable case” means a case in which, a police officer may, in accordance with the first schedule or under any law for the time being in force, arrest without warrant. [Section 2 (c)]. A ‘non-cognizable offence’ means an offence for which, and ‘non-cognizable case’ means a case in which, a police officer may not arrest without warrant. [Section 2 (c)].The term ‘a police officer‘ used in the definition of a cognizable offence does not mean any police officer, but a police officer of a certain rank only, and the offence will nevertheless remain a cognizable offence if the offender can be arrest by certain police officers or a particular class of police officers only.The first schedule attached to the Code catalogues a…

Inquiry: “Inquiry” according to the Code includes every inquiry other than a trial conducted under this Code, by a Magistrate or court. It relates to proceedings of Magistrates prior to trial. [Section 2 (g)]Section 159 of the Code empowers a Magistrate on receipt of a police report under Section 157, Cr.P.C. to hold a preliminary inquiry in order to ascertain whether an offence has been committed and, if so, whether any persons should be put upon their trial.In cases triable by the court of sessions and commitment proceedings take place before a Magistrate, which are in the nature of an inquiry preparatory to sending the accused to take his trial before the Court of Session. Image Source: rampages.us ADVERTISEMENTS: The Magistrate in such cases is bound either to discharge the…