26Oct 2018 by admin

The rule in regard to the exclusion of the period of limitation when a plaintiff presents a plaint in a Wrong Court

Identity
(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…
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21Oct 2018 by admin

What are the Differences between the Theories of Mill and Bentham?

Sociology
Mill’s theory differs from Bentham’s even though Mill has founded the school of Utilitarianism on Bentham’s principles the theories of Mill and Bentham differ from each other in the following respects: (1) Qualitative distinctions in tendencies: Bentham does not admit any difference in tendencies but Mill classified human tendencies and by virtue of qualitative difference called some noble and others base. In this way, he said that intellectual tendencies are far superior to physiological tendencies. Image Source: quotationof.com (2) Qualitative distinctions in pleasures: ADVERTISEMENTS: In the same way, Mill made qualitative distinctions in different pleasures. According to Bentham, all pleasures are similar. If the quantity of pleasure be the same, then there is no difference between poetry and pushpin.Contrary to this, according to Mill, “It is better to be a…
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20Oct 2018 by admin

Essay on the Problems of Nation Building and National Integration in India

Identity
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…
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19Oct 2018 by admin

7 Most Important Characteristics of Labour

Identity
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…
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17Oct 2018 by admin

3 Distinct Stages in the Employee Socialization Process

Sociology
Employee orientation and induction is also called employee socialization process. In today’s world, socialization is a continuous process due to the fact that the organizations have become dynamic.For the new employees, Decenzo and Robbins (1999) identified that the socialization process involves three distinct stages as follows: Image Source: humancapitalist.com 1. Pre-Arrival Stage: ADVERTISEMENTS: At this stage, an individual employee comes to an organization with certain values, attitudes and expectations. At the selection stage only, an prospective employee needs to be enabled to understand to what extent his perceived mapping gets along with the organizational culture and systems.It is the duty of the persons involved in the selection process to facilitate this. Nowadays because of the availability of information about organizations through different media, including Websites and Internet, an enthusiastic individual…
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15Oct 2018 by admin

Section 159 of Indian Penal Code, 1860 – Explained!

Violence
Legal Provisions of Section 159 of Indian Penal Code, 1860.Affray:This section defines the crime of ‘affray’. It says that when two or more persons disturb public peace by fighting in a public place, they commit the crime of affray. The word ‘affray’ has been derived from the French word ‘affraier’ which means to terrify. Therefore, in the legal sense the act of terrorising the people is the offence of affray. Since the people can be terrorised only when something is done in front of the people themselves, presence of the public becomes necessary. That is why, in the definition of affray, it is necessary that two or more persons must fight in a public place and thereby disturb public peace. image source: i.ytimg.com ADVERTISEMENTS: Two or more personsThere must be…
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15Oct 2018 by admin

Section 146 of Indian Penal Code, 1860 – Explained!

Violence
Legal Provisions of Section 146 of Indian Penal Code, 1860.Rioting:This section defines the offence of rioting. It says that whenever an unlawful assembly uses force or violence in prosecution of the common object of such assembly, or whenever any member of an unlawful assembly uses force or violence in prosecution of the common object of such assembly, the law holds each member of such assembly guilty of the offence of rioting. Use of force or violence distinguishes rioting from an unlawful assembly. image source: news.asiaone.com ADVERTISEMENTS: Force or violenceThe word ‘force’ which has been defined under section 349 of the Code clearly explains the word in the context of causing motion, change of motion or cessation of motion with respect to human body, and therefore, the same meaning is intended…
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13Oct 2018 by admin

Difference between “Unlawful Assembly” and “Rioting” – Explained!

Violence
There is slight difference between unlawful assembly and rioting. Rioting is an aggravated form of unlawful assembly.There is close resemblance between them. In both the offences, common object is an essential ingredient, and there must be five or more persons. Their difference is degree rather than of form.Unlawful Assembly ADVERTISEMENTS: 1. Sec. 141 defines “Unlawful Assembly”.2. Punishment is lighter than rioting. Punishment for unlawful assembly is six months imprisonment, or with fine, or with both. (Sec. 143). image source: blogs.mercurynews.com/viewfinder3. The offence of unlawful assembly is genus. ADVERTISEMENTS: 4. Violence and force are less.Rioting1. Sec. 146 defines “Rioting”2. Punishment for rioting is severe than unlawful assembly. Sec. 147 imposes punishment for rioting two years imprisonment, or with fine, or with both. ADVERTISEMENTS: 3. Rioting is a species Rioting is an…
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12Oct 2018 by admin

Legal Provisions Regarding “Robbery” – Section 390 of IPC

Violence
“Robbery”. It explains that in all robbery there is either theft or extortion. Sec. 390. Robbery In all robbery there is either theft or extortion. image source: media.graytvinc.comWhen theft is robbery:Theft is “robbery” if, in order to the committing of the theft, or in committing the theft, or in carrying away or attempting to carry away property obtained by the theft, the offender, for that end, voluntarily causes or attempts to cause to any person death or hurt or wrongful restraint, or fear of instant death or of instant hurt, or of instant wrongful restraint. ADVERTISEMENTS: When extortion is robbery:Extortion is “robbery” if the offender, at the time of committing the extortion, is in the presence of the person put in fear, and commits the extortion by putting that person…
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12Oct 2018 by admin

Legal Provisions Regarding “Affray” in India – Section 159 of IPC

Violence
The word “Affray” means a skirmish or fighting between two or more, and there must be a stroke given or offered, or a weapon drawn. An Affray is committed in a public offence to the terror of the people. image source: i.ytimg.comScope: Section 159 defines “Affray” and Sec. 160 prescribes punishment for committing affray. ADVERTISEMENTS: Sec. 159. Affray:When two or more persons, by fighting in a public place disturb the public peace, they are said to “commit an affray”.Important Points: ADVERTISEMENTS: A. Ingredients of Sec. 159:1. There must be a fighting between TWO or more persons.2. The fighting must be in a public place.3. As a result of the fighting, public peace must be disturbed. ADVERTISEMENTS: 4. Black Stone defines affray: “Affray is the fighting of two or more persons…
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