Category: Government

Legal Provisions of Section 147 of Indian Penal Code, 1860.Punishment for rioting:This section, which prescribed punishment for the offence of rioting, states that whoever is guilty of rioting shall be punished with simple or rigorous imprisonment for a term extending up to two years, or with fine, or with both. The penalty relates to cases of simple rioting only because rioting with deadly weapons has separately been made punishable under section 148 of the Code. ADVERTISEMENTS: It is perfectly legitimate to punish the accused persons only under this section even though they could not be convicted for the offence they allegedly committed in prosecution of the common object of the unlawful assembly because these charges could not be substantiated against them by evidence. In Ratnesh v. State, the charge of…

From The Advertiser, (Address) (Date)To (News Paper Name), (Address)Dear Sir, ADVERTISEMENTS: I wish to apply for the post of junior clerk, advertised in the “____________ (News Paper Name)” of ____________ (Date). I am ____________ (Years) old and have just passed the Government Commercial Diploma Examination of the Government of ____________ (Address). I have also taken a course in shorthand and held a “Pitman’s Shorthand Certificate” for ____________ No words a minute. My typing speed is No. ____________ words a minute. I enclose a copy of the Government Commercial Diploma from the principal, ____________ (College Name) of Commerce, ____________ (Place Name), relating to my character and proficiency in studies.If I am appointed to the post, I assure you that I shall try my best to give you entire satisfaction.Yours faithfully, (Your…

Generally, all Constitutions are divided into two categories viz., federal and unitary. Under the unitary Constitution the powers of the Government are centralized in one government and that is generally the Central government and the States are subordinate to it.While in a federal Constitution there is division of powers between the Centre and the States and both are independent as well as co-ordinate to each other. A federal Constitution has following essential characteristics: (1) Distribution of Powers: A federal Constitution defines and demarcates the sphere of the Central and State Governments. Each government has to act within its own sphere and cannot encroach upon the field of others. Image Source: cdn.historydiscussion.net ADVERTISEMENTS: The basis of such distribution of powers between Centre and State is that the matters which are of…

Legal Provisions of Section 3 of Indian Penal Code, 1860.Punishment of offences committed beyond, but which by law may be tried within, India:This section along with section 4 deals with the extra-territorial jurisdiction of the Indian Penal Code. image source: cryptocoinsnews.com ADVERTISEMENTS: By any Indian LawThe expression ‘by any Indian law’ restricts the operation of the section to the cases specified in the Extradition Act, 1962 and sections 188 and 189 of the Code of Criminal Procedure, 1973.Section 34 of the Extradition Act, 1962 states that an ‘extradition offence’ committed by any person in a foreign State shall be deemed to have been committed in India and such person shall be liable to be prosecuted in India for such offence ‘Extradition offence’ vide section 2(c) of the Act means (i)…

Legal Provisions of Section 4 of Indian Penal Code, 1860.Extension of Code to extra-territorial offences:This section also deals with the extra-territorial jurisdiction of the Code along with section 3. The provision demonstrates that jurisdiction can be claimed on the basis of citizenship or territory. Sub-section (1) of this section lays down the principle that if an offence is committed by an Indian citizen, the provisions of the Code make him amenable to Indian jurisdiction wherever he may have committed the act or wherever he may be residing. ADVERTISEMENTS: It does not matter at all even if the offence is committed without and beyond India. If an Indian citizen commits adultery in England, which is not a crime there, he is guilty of it on the grounds that he is an…

Section 10 of the Code of Civil Procedure provides the rule with regard to stay of suits where things are under consideration or pending adjudication by a court. That section reads:Stay of suit:No Court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other Court in India having jurisdiction to grant the relief claimed, or in any Court beyond the limits of India established or continued by the Central Government and having like jurisdiction, or before the Supreme Court. ADVERTISEMENTS: Explanation:The pendency of…

Central Consumer Protection Council: 1. The Central Consumer Protection Council is also known as “Central Council“.2. Sections from 4 to 6 of Chapter-I! of the Act explain the provisions about the constitution, procedure and objects of the Central Council.3. – The objects of the Central Council are to promote Consumer movement and to safe guard the consumer rights in the country. It is only a recommendatory body. image source: pukcc.net ADVERTISEMENTS: 4. The decisions of the Central Council are only recommendatory in nature.5. It is only purely admistrative authority, filled up by the non-official and official members, it. Functions as a Government department.6. It has no appellate powers over the State Councils. It may receive any applications from the State Councils and consider its merits and demerits and may forward…

Legal Provisions of Section 423 of Indian Penal Code, 1860.Dishonest or fraudulent execution of deed of transfer containing false statement of consideration:This section punishes dishonest or fraudulent execution of deed of transfer containing false statement of consideration. It states that whoever either dishonestly or fraudulently signs, executes or becomes a party to any deed or instrument which either purports to transfer any property or subject to any charge any property or any interest in the property, and which contains any false statement relating to the consideration for such transfer or charge, or relating to the person or persons for whose use or benefit it is really intended to operate, shall be punished with simple or rigorous imprisonment for a term extending up to two years, or with fine, or with…

Kinds of Gifts under Muslim Law – EssayThe subject-matter of a gift is the property which is transferred by a donor to the donee. Any kind of property which the donor owns at the time of making the gift may be the subject-matter of gift. However, the property must be transferable under Section 6 of the Transfer of Property Act, 1882. Image Source: cc-ea.org ADVERTISEMENTS: As a matter of fact, any property (mal) over which ownership may be exercised, may be transferred through a gift. Gift is a transfer of ownership (absolute interest) of the property, therefore, the donor must own it at the time of the declaration.Once it is established that a person owns a property and he has right to transfer it, he can make a gift of…

Enhanced punishment is meant for confirmed criminals for whom there is no prospect of reformation and on whom punishment does not have a deterrent effect. The law therefore otherwise awardable to them. Image Source: i.ytimg.comIf any person having been convicted of offences relating to Government stamps and coins (Chapter XII) or against property (Chapter XVII) punishable with simple or rigorous imprisonment of three years or more is again guilty of an offence under the aforesaid chapters punishable as aforesaid he shall be guilty for every such subsequent offence to imprisonment for life, or to imprisonment of either description which may extend to ten years (Section 75). ADVERTISEMENTS: For the applicability of Section 75, it is not necessary that the actual sentences awarded for the purposes of previous conviction should be…