15Oct 2018 by admin

The distribution of legislative powers between the Centre and the States in India

Government
The distribution of legislative powers between the Centre and the States is an essential feature of a federal Constitution. The object is formed to involve a division of authority between the Centre and the States. The Constitution of India has made two fold distributions of legislative powers between the Union and States, viz. Image Source: bento.cdn.pbs.org(1) With respect to territory; ADVERTISEMENTS: (2) With respect to subject-matter. (1) Territorial jurisdiction: Article 245 (1) provides that subject to the provision of this Constitution, Parliament may make laws for the whole or any part of India and the Legislature of a State may make laws for the whole or any part of the State. Article 245 (2) provides that a law made by Parliament shall not be deemed to be invalid on the…
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15Oct 2018 by admin

Section 147 of Indian Penal Code, 1860 – Explained!

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…
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14Oct 2018 by admin

Application for the Post of Junior Clerk

Government
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…
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14Oct 2018 by admin

Essay on the Nature of Indian Constitution of India

Government
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…
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14Oct 2018 by admin

Section 3 of Indian Penal Code, 1860 – Explained!

Government
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)…
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14Oct 2018 by admin

Section 4 of Indian Penal Code, 1860 – Explained!

Government
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…
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13Oct 2018 by admin

Legal Provisions of Section 10 of Code of Civil Procedure 1908, (C.P.C.), India – Res Sub-Judice

Government
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…
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13Oct 2018 by admin

5 Chief Advantages of Legisla­tion over Precedent as Sources of Law

Politicians
The chief advantages of legisla­tion over precedent are the following: 1. Abrogative Power: Legislation is both constitutive and ab­rogative whereas precedent merely possesses constitutive efficacy. Legislation is not only a source of law, but it is equally effective in amending or annulling the existing law. Image Source: actionforbetterhealthcare.com ADVERTISEMENTS: Precedent, on the other hand, cannot abrogate the existing rule of law although it may produce very good law and in some respects better than legislation. What it does, it docs once for all. It cannot retrace its steps. Legislation as a destructive and reformative agent has no equal. 2. Efficiency: Legislation allows an advantageous division of labour by dividing the two functions of making the law and adminis­tering it. This results in increased efficiency. President, however, unites those two functions…
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12Oct 2018 by admin

Short Essay on “Jurisprudence” (1700 Words)

International Law
In his practical work a lawyer has to tackle new and difficult problems which might appear to him insoluble without knowledge of jurisprudence that trains the mind into legal ways of thought and enables him to bring to bear on his work that legal acumen which is so essential for his task.A question might arise as to whether on account of lapse of time prescriptive rights have or have not been acquired in respect of a certain property. It will be the province of Jurisprudence to elucidate the meaning or prescription and its relation to ownership and actions.Jurisprudence thus provides a precise and unambiguous terminology, which enables a lawyer to have clear con­ception of the subject. It is only by an understanding of the nature of law and of legal…
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12Oct 2018 by admin

Difference between Central Consumer Protection Council and National Consumer Disputes Redressal Commission

Government
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…
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