Category: Politics & Government

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…

Section 15 of the Limitation Act, 1963 provides that:(1) In computing the period of limitation any suit or application for the execution of a decree, the institution or execution of which has been stayed by injunction or order, the time of the continuance of the injunction or order, the day on which it was issued or made, and the day on which it was withdrawn, shall be excluded. Image Source: img09.deviantart.net ADVERTISEMENTS: (2) In computing the period of limitation for any suit of which notice has been given, or for which the previous consent or sanction of the Government or any other authority is required, in accordance with the requirements of any law for the time being in force, the period of such notice or, as the case may be,…

Salient Features of the Limitation Act, 1963 are as follows: Image Source: christknowledgecity.com(1) The Limitation Act of 1963 contains 32 Sections and 137 Articles. Schedule to the Limitation Act, 1963 is divided into three divisions. First division deals with Suits (Articles 1 to 113), Second division deals with Appeals (Art. 114-117) and the Third division deals with Applications (Art. 118-137). Again the First division is divided into ten parts:(1) (i) Part I relating to accounts (Arts. 1-5); (ii) Part II relating to contracts (Arts. 6- 55); (iii) Part III relating to declarations (Arts. 56- 58); (iv) Part IV relating to decrees and instruments (Arts. 59-60); (v) ADVERTISEMENTS: Part V relating to immovable property (Arts. 61-67); (vi) Part VI relating to movable property (Arts. 68-71); (vii) Part VII relating to tort…

Legal provisions regarding Punishment for extortion under section 384 of Indian Penal Code, 1860.Punishment for extortion: “Whoever commits extortion shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both”. Image Source: 4.bp.blogspot.com ADVERTISEMENTS: The offence under Section 384 is cognizable but warrant should ordinarily issue in the first instance. It is non-bailable but not compoundable, and is triable by any Magistrate.In State v. Basavegowada [1997 CrLJ 4386 (Kant)], the accused husband took his wife to a forest and obtained her ornaments under threat to kill her. The ornaments were subsequently recovered from him. He was held guilty of the offence of extortion, not robbery.In Chander Kala v. Ram Kishan [AIR 1985 SCC 1268], the head­master of a…

Succession to Property of a Male: Section 8 of the Act lays down a new scheme of succession to the property of a male Hindu who dies intestate after the commencement of the Act. Image Source: liveanswering.net ADVERTISEMENTS: The rules provided in this section and subsequent sections i.e. Sections 9 to 13 are definite and have to be read along with the Schedule. Section 8 divides the heirs of a male, for the purposes of inheriting the property into four classes.These are:—(1) Relatives mentioned in class I of the Schedule(2) Relatives mentioned in class II of the Schedule ADVERTISEMENTS: (3) Agnates of the deceased(4) Cognates of the deceased.In absence of the heirs qualified to succeed under the Act the property of the intestate shall devolve on the Government by escheat.…