Category: Identity

The basic difference between a lineage and clan is that the former is ac­tual and real while the latter is fictitious. If we refer to the case of feudal rulers we find that each ruler had his genealogy which was up­dated by bards. Similarly, the Hindus have their own genealogies which are maintained by the priests. Genealogies thus constitute the record of the previous generations. However, it is difficult to trace the ancestor who gave rise to a clan; therefore, the originator of a clan is lost in oblivion. John Lewis defines lineage as below: Lineage is a group resulting from descent reckoned either from the father’s or the mother’s line. Whereas in a clan relationship it is as­sumed, in a lineage group it must be demonstrated, that is, the…

Form of appeal:Every appeal is preferred in the form of a memorandum signed by the appellant or his pleader and presented to the court or to such officer as it appoints in this behalf. The memorandum should be accompanied by a copy of the “[judgment] on which it is founded. ADVERTISEMENTS: Where two or more suits have been tried together and a common judgment has been delivered there-for and two or more appeals are filed against any decree covered by that judgment, whether by the same appellant or by different appellants, the appellate court may dispense with the filing of more than one copy of the judgment.The memorandum sets forth, concisely and under distinct heads, the grounds of objection to the decree appealed from, without any argument or narrative, such…

Withdrawal of suit or abandonment of part of claim:At any time after the institution of a suit the plaintiff may, as against all or any of the defendants, withdraw his suit or abandon a part of his claim. [Order XXIII, Rule 1 (1)]. ADVERTISEMENTS: The plaintiff who has already moved an application under Order XXIII, Rule (1) cannot withdraw the application for withdrawal of the suit, even before the orders are passed on the withdrawal application, i.e., that the suit is, as far as the plaintiff is concerned, struck off from the file. This is on the assumption that there is withdrawal in fact as well as in law.The question would not arise if there is withdrawal of suit in fact but not in law. For example, when the plaintiff…

A design may be registered in respect of any or all of the articles comprised in a prescribed class of articles. Any question arising as to the class within which any article falls shall be determined by the Controller whose decision in the matter shall be final.Where a design has been registered in respect of any article comprised in a class of article, the application of the proprietor of the design to register it in respect of some one or more other articles comprised in that class of articles shall not be refused, nor shall the registration thereof invalidated on the ground of the design not being anew or original design, by reason only that it was so previously registered; or on the ground of the design having been previously…

The German-Austrian Cultural Historical School argues that culture has spread in a historical way. This school was founded by F. Graebner and E. Foy, who published their research articles in the Austrian journal Anthropos, under the leadership of Pater W. Schmidt and his associates, W. Koppers and M. Gusinde. The school has be­come one of the leading schools of anthropological thought in the continent of Europe, but has never achieved any degree of acceptance in the English-speaking anthropological circles. The point of view of the German-Austrian school is quite sophis­ticated. “Its carefully drawn criteria for judging the value of assumed borrowings, its insistence on caution in the use of source materials, the care with which its definitions are drawn and the wealth of its documentation is fully in accord with…

(a) In computing ‘the period of limitation prescribed for any suit, the time during which the plaintiff has been prosecut­ing with due diligence another proceeding whether in a court of first instance or in a court of appeal or revision, against the defendant shall be excluded, where the proceeding relates to the same matter in issue and is prosecuted in good faith in a court which, from defect of jurisdiction, or other cause of a like nature is unable to entertain it. (Section 14).The three essential requisites for excluding the time spend in taking proceedings; in a wrong court is (1) identity of the cause of action, (2) good faith of the plaintiff, and (3) absence of jurisdiction or other cause of like nature in the court which entertained the…

The fundamental basis of any country lies on its unity and integrity. It is the national unity that acts a bulwark against forces of domination and exploitation.It also assures peace, prosperity and progress. Consequently every country state aims to strengthen its unity and attain leverage in enjoying the benefits of human civilization. ADVERTISEMENTS: India that is Bharat is a country with diversity. There exist differences between people on the basis of caste, creed, colour, language, ethos, way of life and religious affiliations.However, many of these issues need not affect the society as long as people abide by the norms and values committed to a broader identity say; a nation. But that is not the case in India. India is still a nation in the making. As Rajni Kothari observes, “the…

The Most Important Characteristic of Labor are listed below:We know that wage is a price paid to labour as a factor in the process of production. Out of four factors of production, labour is the most important and active factor of production. In view of this it is worthwhile to know some characteristics of labour. (1) The labourer (worker) and his labour are inseparable: The services (efforts) of a worker cannot be separated from him. A labourer’s work has to be delivered in person. So it is not possible to separate labourer from labour. Image Source: darkroom.baltimoresun.com (2) The labourer sells his services (labour) only, not himself: ADVERTISEMENTS: A labourer (worker) sells his services only and not himself. When a worker sells his services (labour), he himself remains’ quite independent…

Legal Provisions of Section 467 of Indian Penal Code, 1860.Forgery of valuable security, will etc:Forgery of valuable security, will, etc. has been punished under this section. The section states that whoever forges a document which purports to be either a valuable security or a will, or an authority to adopt a son, or which purports to give authority to any person either to make or transfer any valuable security, or to receive the principal, interest, or dividends thereon, or to receive or deliver any money, movable property, or valuable security, or any document purporting to be an acquittance or receipt acknowledging the payment of money, or an acquittance or receipt for the delivery of any movable property or valuable security, shall be punished with imprisonment for life, or with simple…

Although there is a tradition which indicates that the Prophet was against the revocation of gifts, it is a well established rule of Muslim law that all voluntary transactions, including gifts, are revocable. The Muslim law-givers have approached the subject of revocability of gift from several angles. Image Source: htmlgiant.comFrom one aspect, they hold that all gifts except those which are made by one spouse to another, or to a person related to the donor within the degrees or prohibited relationship, are revocable. ADVERTISEMENTS: The Hedaya gives the reasons thus: “The object of a gift to a stranger is a return for it is custom to send presents to a person of high rank that he may protect the donor; to a person of inferior rank that the donor may…