Category: Government

The essential conditions for a valid gift (Hiba) under Muslim Law are:(I) Declaration,(II) Acceptance, and ADVERTISEMENTS: (III) The delivery of possession. Image Source: 2.bp.blogspot.comA Hiba is not valid unless these three essential conditions are fulfilled. I. Declaration of Gift: Declaration is a statement which signifies the intention of the transferor that he intends to make a gift. The person who declares that he is transferring his property through a gift is called donor. The person in whose favour the gift is made is called donee. Declaration is, therefore, the manifestation of the intention of the donor to divest his ownership in the property and to vest it in the donee. ADVERTISEMENTS: Oral or Written:A Hiba may be made orally. Writing is not necessary. The donor may declare the gift of…

Legal Provisions of Section 397 of Indian Penal Code, 1860.Robbery or dacoity, with attempt to cause death or grievous hurt:This section punishes robbery or dacoity with attempt to cause death or grievous hurt. It says that if, at the time of committing either robbery or dacoity, the offender uses any deadly weapon, or causes grievous hurt to any person, or attempts to cause either death or grievous hurt to any person, the minimum punishment with which the offender shall be punished shall not be less than imprisonment for seven years. Image Source: theparadigmng.com ADVERTISEMENTS: As can be seen, the section prescribes a minimum mandatory sentence of imprisonment for seven years. No upper limit of sentence has been provided in the section which is quite exceptional. The section is attracted both…

Legal Provisions of Section 379 of Indian Penal Code, 1860.Punishment of theft:This section prescribes punishment for the offence of theft. It states that whoever commits theft shall be punished with simple or rigorous imprisonment for a term extending up to three years, or with fine, or with both. The amount of fine, if imposed, should be commensurate with the value of the article stolen. A fine of five hundred rupees to an accused who had abetted theft of coal worth eight rupees was held to be too irrational and the case was sent back to the lower court to be disposed of under the probation law. Image Source: file3.answcdn.com ADVERTISEMENTS: Similarly, release on probation of good conduct could be ordered where the accused is in his teens and a considerable…

Abetment is of three kinds: (i) abetment by instigation, (ii) abetment by aid, (iii) abetment by conspiracy. Abetment may be committed in various ways. Conspiracy is one of many such ways. Conspiracy is punishable in some cases as mere agreement with no overt act in pursuance therefore, but even abetment by conspiracy requires an overt act the spoken word or the manifest gesture to constitute it. Image Source: 3.bp.blogspot.comAbetment is not punishable per se but conspiracy is. ADVERTISEMENTS: The Supreme Court has held that the distinction between the offence of abetment under the second clause of section 107 and that of criminal conspiracy under Section 120-A is that, in the former offence a mere combination of persons or agreement between them is not enough.An act or illegal omission must take…

(1) Whoever, prints or publishes the name or any matter which may make known the identity of any person against whom an offence under Section 376, Section 376-A, Section 376-B, Section 376-C or Section 376-D is alleged or found to have been committed (hereinafter in this section referred to as the victim) shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine. Image Source: keepmyid.org(2) Nothing in sub-section (1) extends to any printing or publication of the name or any matter which makes known the identity of the victim if such printing or publication is — ADVERTISEMENTS: (a) By or under the order in writing of the officer-in-charge of the police station or the police officer…

Legal Provisions of Section 353 of Indian Penal Code, 1860.Assault or criminal force to deter public servant from discharge of his duty:Assaulting or using criminal force to deter a public servant from discharging his duties has been made punishable under this section. The section states that whoever either assaults or uses criminal force to any public servant, in the execution of his duty as such public servant, or with the intention of preventing or deterring him from discharging his duty as such public servant or in consequence of anything done or attempted to be done by him in the lawful discharge of his duty as such public servant, shall be punished with simple or rigorous imprisonment for a term extending up to two years, or with fine, or with both.…

Legal Provisions of Section 303 of Indian Penal Code, 1860.Punishment for murder by life-convict:This section prescribes punishment for murder committed by a life- convict. It says that whoever, being under sentence of imprisonment for life, commits murder, shall be punished with death. In other words, the section makes capital sentence compulsory when a murder is committed by a person who is undergoing a sentence of imprisonment for life. Image Source: img13.deviantart.net ADVERTISEMENTS: The provision does not give any discretion to the Court in the matter of passing a sentence against a life-convict which has to be a sentence of death only. The provision shows that the framers of the Indian Penal Code intended to treat the murders committed by an ordinary person and those by a lifer differently.Whereas in the…

Himalaya Academy,Nainital – 263 003.6th October, 2009 ADVERTISEMENTS: The Officer-in-Charge,Prime Minister’s Relief Fund,Prime Minister’s Office,Delhi-110 001. ADVERTISEMENTS: Subject: Plight of earthquake victimsSir,I am the School Captain of Himalaya Academy. After the recent catastrophic earthquake in Northern India, our school initiated a drive to collect money to help the victims of this tragedy. Our students not only made their own monetary contributions, but campaigned from door to door in the school area and even organised a public rally in an effort to raise funds. Image Source: mumturnedmom.com ADVERTISEMENTS: We were successful in collecting a sizeable amount, which we promptly dispatched to your office on August 3, 2009.Between October 1 and 3, 2009, a group of students belonging to our Social Welfare Club, of which I am a member, paid a visit…

Section 25 of the Limitation Act, 1963 proves that:(1) Where the access and use of light or air to and for any building have been peaceably enjoyed therewith as an easement, and as of right, without interruption, and for twenty years, and where any way or water course or the use of any water or any other easement (whether affirmative or negative) has been peaceably and openly enjoyed by any person claiming title thereto as an easement and as of right without interruption and for twenty years, the right to such access and use of light or air, way, watercourse, use of water, or other easement shall be absolute and indefeasible Image Source: ibainc.com ADVERTISEMENTS: (2) Each of the said periods of twenty years shall be taken to be a…

The provisions of this Code apply also to any offence committed by: Image Source: img.washingtonpost.com(1) Any citizen of India in any place without and beyond India; ADVERTISEMENTS: (2) Any person on any ship or aircraft registered in India wherever it may be.Explanation:In this section the word ‘offence’ includes every act committed outside India which, if committed in India would be punishable under this Code.Extra-territorial Application: ADVERTISEMENTS: Sections 3 and 4 of the Code provide for the punishment of offences committed outside India. The provisions of the Code apply to any offence committed by (1) any citizen of India in any place without and beyond India, (2) any person on any ship or aircraft registered in India wherever it may be (Section 4).Under this section is discussed the extent of the…