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@lexcliq
Criminal law
Introduction: Criminal law deals with the criminal, and helps to protect the societies and security of individual interests and ensure the survival of different groups in society. There are two types of criminal law: Substantive law: In this law the substance defines law and punishment like IPC. The right and obligation that govern people and organization it include all law of general and…
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PLEA OF ALIBI
PLEA OF ALIBI INTRODUCTION The word “Alibi” is derived from Latin which means “elsewhere” or “somewhere else”. It is used as a defence by the person who is accused, in criminal proceedings. When the accused makes a plea of alibi, it means that the accused is trying to convey and convince the court that he is at some other place at the time when the crime happened. Generally, a…
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What are General Defences in Torts?DEFENCES AGAINST TORTIOUS LIABILITY
What are General Defences in Torts?DEFENCES AGAINST TORTIOUS LIABILITY
What are General Defences in Torts?DEFENCES AGAINST TORTIOUS LIABILITY When a plaintiff brings an action against the defendant for a particular tort or violation of legal right, resulting in legal damages, and successfully proves the essentials of a tort, the defendant is held liable. However few exceptions are there in which the defendant can plead some defences which can help him in…
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PRIVACY AS A LIBERTY IN PUBLIC AND PRIVATE SHPERE
PRIVACY AS A LIBERTY IN PUBLIC AND PRIVATE SHPERE
PRIVACY AS A LIBERTY IN PUBLIC AND PRIVATE SHPERE The debate of privacy basically had ignited in the 21st century with the need for data privacy laws and civil rights of privacy of every individual, irrespective of their sexual preference. Privacy is an important facet to life and liberty and an inherent part of the fundamental rights enshrined in the Constitution. It exists equally in all…
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Privacy
Privacy In Constitutional law, the right of people to make personal decisions regarding intimate matters, under the common law the right of people to lead their lives in a manner that is reasonably secluded from public scrutiny, whether such scrutiny, comes from a neighbour’s prying eyes, an investigator’s eavesdropping ears, or a news photographer’s intrusive camera, and in statutory law, the…
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Artificial intelligence (AI)
Artificial intelligence (AI) Artificial intelligence (AI) makes it possible for machines to learn from experience, adjust to new inputs and perform human-like tasks. Most AI examples that you hear about today – from chess-playing computers to self-driving cars – rely heavily on deep learning and natural language processing. Using these technologies, computers can be trained to accomplish specific…
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PRIVACY IN COMMERCIAL TRANSACTIONS.
PRIVACY IN COMMERCIAL TRANSACTIONS.
PRIVACY IN COMMERCIAL TRANSACTIONS. Elements Of The Law Of Commercial Transactions In the 20th century, domestic as well as international commerce experienced an expansion far beyond any earlier dimensions. With the multiplication of commercial transactions, the demand for legal certainty increased, especially for transactions across national boundaries. Contractual relations The first…
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BIGAMY
BIGAMY The previous definition of bigamy consisted of these stated words “having a husband or wife”, but these words become vague once the first marriage ceases to be legal after separation. Thus the definition of bigamy under Section 494 of IPC was suggested to be redrafted. According to Section 5 of the Hindu Marriage Act,1995 the conditions necessary at the time of marriage is that both the…
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Joint or constructive criminality
Joint or constructive criminality
Joint or constructive criminality – the law relating to joint offender or constructive criminality is laid down under section 34 to 38 of Indian Penal Code. There are four important principles governing joint offender Act done by several persons in furtherance of common intention – section 34 Act done with criminal knowledge or intention – section 35 Co-operation in acts constituting an…
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Federalism:
There are 3 different types of constitutions, the unitary form, the federal form, and the confederation. The example of a unitary form of constitution is U.K.. There is a single government and the states are not vested with powers . This is a centralized form of constitution and talks about concentration of powers at the higher level In a federal form, the powers are divided btw the Centre and…
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Trespass to land
Introduction: Trespass to land is including unlawful interference with the possession of personal property. The interference is direct or indirect by the some tangible object. It can be committed either by a person himself entering the land of another person or doing the same through some material object like if you throwing the stone to another person’s land is consider as a trespass to the…
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Vicarious Liability
Vicarious Liability Introduction: Vicarious Liability deal with the cases where one person is liable for another act, generally in any law a person is liable for its owns act and not for others act but in certain cases liability is arises for another person for act done by own. Example of some situation in which liability is arises, like a master is liable for his act of servant act done in the…
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Trespass to the person is generally consider s a unreasonable interference with the body of a person which can be cause by a actual harm which include use of force, or by an apprehension of force. Trespass to the person is further divided into Assault and Battery Battery: Battery is considered as an intentional application of force to another person without any lawful justification. Essential element of Battery If there is battery then the essential element is use of force. Even if the force use is very trivial and does not cause any harm, the wrong will be still committed. There is no needing have prove physical hurt and even though there is no physical hurt it would be still counted as the battery. In Innes v. Wylie case there is a policeman u lawfully prevented the plaintiff from entering the club premises. It was held that the police man was entirely passive like a door or a wall put to prevent from entering the room there was no assault. And the use of force is should be without any lawful justification. That means use of force is should be intentional and without any lawful justification. In pratap Daji v. B.B. and C.I. Ry the plaintiff entered a carriage on the defendant railway but the oversight failed to purchase a ticket for his travel. At an international station, he asked for a ticket but the same was refused at another palace, he was asked to get out of the carriage since he did not have a ticket. On his refusal to get out the carriage since he did not have a ticket. On his refusal to get out, force was used to make him get out of the carriage, in an action by him for his forcible removal, it was held that the use of force was justified as he, being without a ticket, was a trespasser, the defendant were therefore not liable. Assault: It means that it is an act of a defendant which cause to the plaintiff reasonable apprehension of the infliction of a battery on him by defendant. In Bavisetti Venkata Surya Rao v. Nandipati Muthayya the plaintiff well to do agriculturist was in arrears of land revenue amounting to Rs. 11.60 the village munsif who had a duty collection of the amount went to the plaintiff residence for the collection of amount. On demand being made the plaintiff pleaded his inability to pay the amount that day as his wife had locked and go out for few days. The defendant insists to have the payment the very day that begins the last day of the year for the collection of revenue. The plaintiffs were told that on his failure to pay his movable property will be detrained. Since the plaintiff house was locked and no other movable were readily available the defendant told him that the earring which the plaintiff was wearing would be distained. The village goldsmith was called on arrival of the goldsmith one of the person present there paid off the amount due from the plaintiff by borrowing the same from another person. The defendant then went away quickly. The plaintiff sued the village munsif alleging that part from other wrongs the defendant had committed assault. It was held that since the defendant after the arrival of the goldsmith said nothing and did nothing and the threat of use of force by the goldsmith to the plaintiff was too remote a possibility to have put the plaintiff in fear of immediate or instant violence, there was no assault.
Trespass to the person is generally consider s a unreasonable interference with the body of a person which can be cause by a actual harm which include use of force, or by an apprehension of force. Trespass to the person is further divided into Assault and Battery Battery: Battery is considered as an intentional application of force to another person without any lawful justification. Essential element of Battery If there is battery then the essential element is use of force. Even if the force use is very trivial and does not cause any harm, the wrong will be still committed. There is no needing have prove physical hurt and even though there is no physical hurt it would be still counted as the battery. In Innes v. Wylie case there is a policeman u lawfully prevented the plaintiff from entering the club premises. It was held that the police man was entirely passive like a door or a wall put to prevent from entering the room there was no assault. And the use of force is should be without any lawful justification. That means use of force is should be intentional and without any lawful justification. In pratap Daji v. B.B. and C.I. Ry the plaintiff entered a carriage on the defendant railway but the oversight failed to purchase a ticket for his travel. At an international station, he asked for a ticket but the same was refused at another palace, he was asked to get out of the carriage since he did not have a ticket. On his refusal to get out the carriage since he did not have a ticket. On his refusal to get out, force was used to make him get out of the carriage, in an action by him for his forcible removal, it was held that the use of force was justified as he, being without a ticket, was a trespasser, the defendant were therefore not liable. Assault: It means that it is an act of a defendant which cause to the plaintiff reasonable apprehension of the infliction of a battery on him by defendant. In Bavisetti Venkata Surya Rao v. Nandipati Muthayya the plaintiff well to do agriculturist was in arrears of land revenue amounting to Rs. 11.60 the village munsif who had a duty collection of the amount went to the plaintiff residence for the collection of amount. On demand being made the plaintiff pleaded his inability to pay the amount that day as his wife had locked and go out for few days. The defendant insists to have the payment the very day that begins the last day of the year for the collection of revenue. The plaintiffs were told that on his failure to pay his movable property will be detrained. Since the plaintiff house was locked and no other movable were readily available the defendant told him that the earring which the plaintiff was wearing would be distained. The village goldsmith was called on arrival of the goldsmith one of the person present there paid off the amount due from the plaintiff by borrowing the same from another person. The defendant then went away quickly. The plaintiff sued the village munsif alleging that part from other wrongs the defendant had committed assault. It was held that since the defendant after the arrival of the goldsmith said nothing and did nothing and the threat of use of force by the goldsmith to the plaintiff was too remote a possibility to have put the plaintiff in fear of immediate or instant violence, there was no assault.
Trespass to the person is generally consider s a unreasonable interference with the body of a person which can be cause by a actual harm which include use of force, or by an apprehension of force. Trespass to the person is further divided into Assault and Battery Battery: Battery is considered as an intentional application of force to another person without any lawful justification. Essential…
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Damnum Sine Injuria & Injuria Sine Damnum
Damnum Sine Injuria & Injuria Sine Damnum
Damnum Sine Injuria & Injuria Sine Damnum Introduction The law of torts is a collection of all the circumstances in which court gives a remedy by way of damages, for legally unjustified harm or injury done by one to another person. There are three elements which need to be proved before constituting a tort:- There must be an act or omission on the part of the defendant. That act or omission…
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SOCIO-ECONOMIC OFFENCES
SOCIO-ECONOMIC OFFENCES According to the study, socioeconomic crimes are social offences that have an impact on the health, morals, social, or overall well-being of the community as a whole, rather than just the individual victim. Economic offences are those that are harmful to society’s economy and endanger not only individual money but the entire economic structure of a…
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Critical analysis of Selvi v. State of Karnataka
Critical analysis of Selvi v. State of Karnataka
Critical analysis of Selvi v. State of Karnataka ABSTRACT This paper is an analysis of landmark case of Selvi v. State of Karnataka and deals with important questions pertaining to constitutionality and validity of administration of polygraph tests, brain mapping, and narco-analysis etc.it deals with the reasoning given by the courts for the administration of these tests by the investigating…
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