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Showing posts from June, 2022

Priya Patel V. State of Madhya Pradesh

  Priya Patel V. State of Madhya Pradesh Brief Fact Summary : It was contented that a women cannot be charged for commission of offence of rape. The High Court was of the view that though  women cannot commit rape , if a women facilitates the act of rape ,Explanation-I to section 376(2) comes into operation and she can be prosecuted for “Gang Rape”. Facts:  Priya Patel vs State Of M.P. 12 July, 2006 Bench: Arijit Pasayat, S.H. Kapadia PETITIONER: Priya Patel                             RESPONDENT: State of M.P. BENCH: ARIJIT PASAYAT & S.H. KAPADIA JUDGMENT: Complaint was lodged by the prosecutrix alleging that she was returning by Utkal Express after attending a sports meet. When she reached her destination at Sagar, accused Bhanu Pratap Patel (husband of the accused appellant) met her at the railway station and told her that her father has asked him to pick her up from the railway station. Since the prosecutrix was suffering from fever, she accompanied accused Bhanu Pratap Patel t

elasticity of demand & Ricardo Theory of rent

  ELASTICITY OF DEMAND: The concept of elasticity of demand was introduced by Professor Alfred Marshall. The degree of responsiveness of quantity demanded to a change in its price or any other factor. In other words, the degree of change in quantity demanded due to change in price in unknown as elasticity of demand.  There are 3 types of elasticity in demand that are- Income elasticity of demand: when there is a change in income, the effect on demand due to change in income such as demand increase with increase in income, decrease in demand with increase income & demand is constant with increase in income.  Cross elasticity of demand: when change in price of one commodity effect the demand of another commodity.  Price elasticity of demand: when changes in the price of commodities effect the demand of commodities.  RICARDO THEORY OF RENT: Ricardo confined the use of economic rent to the price paid for the use of land only. The land is free gift of nature & the supply of land is

compensation from ESI as well as motor vehicle tribunal

 SHORT NOTE ON LEGAL OPINION FACT: Madan Lal’s father, working as labour in the construction industry & has been insured under Employees State Insurance Act. Unfortunately the father of Madan Lal died in a motor accident while returning home from the construction site. ESI act provides compensation for injury during the employment. On the other hand, the Motor Accident Compensation Tribunal (MACT) act also provide compensation for motor accidents. ISSUE: In which court Madan Lal should file the case for compensation. OPINION: Before going into the Madan Lal case I would like to highlight few points in order to construct my opinion. Firstly I would like to discuss few Supreme Court Judgement then I will elaborate on insurance policy and acts that provide compensation to the aggrieved worker. In the case of Dhropadabai V. M/S Technocraft tooling (2015), Employee died in the factory premise. Employees dependents approach Labour Court for Workman Compensation but Labour Court refus

Involuntary Intoxication

  INVOLUNTARY INTOXICATION By: Robin Pandey                                                                        Date: 11/03/2022 Section 85 applies only to involuntary and not voluntary drunkenness. Section 85 reads as follows:  "Act of a Person incapable of judgment by reason of intoxication caused against his will”:   Nothing is an offence which is done by a person who, at the time of doing it, is, by reason of intoxication, incapable of knowing the nature of the act, or that he is doing what is either wrong, or contrary to law; Provided that the thing which intoxicated him was administered to him without his knowledge or against his will."  In order to claim exemption from criminal liability under Section 85 the accused has to establish that:  (1) at the time of doing the act by reason of intoxication he was incapable of knowing (i) the nature of the act; or  (ii) that he was doing what was either wrong or contrary to law; and  (2) that the thing which intoxicated him w

Supervening Impossibility or illegality

  Supervening Impossibility or illegality By: Robin Pandey                                                                                            Date: 11/03/2022 Sometimes a contract is quite possible to perform when it is made, but some event subsequently, i.e., after making of the contract, happens which renders its performance impossible or unlawful . In such a case the contract becomes void . The second paragraph of Section 56 lays down that: "A contract to do an act which, after the contract is made, becomes impossible, or by Person of some event which the promisor could not prevent, unlawful, becomes void when the act becomes impossible or unlawful". For example, "A contracts to act at a theatre for six months, in consideration of a sum of money paid in advance by B. On several occasions A is too ill to act. The contract to act on those occasions becomes void" [illustration (e) to Section 56].  Section 65 of the Contract Act deals with the obligations of

Nathulal v. State of Madhya Pradesh AIR 1966 SC 43

 Nathulal v. State of Madhya Pradesh AIR 1966 SC 43 CITATION AIR 1966 SC 43 COURT Supreme Court of India JUDGES/CORAM Justice K.S. Shah and Justice R. Bachawat DATE OF JUDGEMENT 22.03.1965 Facts: The facts of the case are as follows: The appellant was a dealer in a food grains at Dhar in Madhya Pradesh prosecuted in the Court of Additional District Magistrate for possessing in stock maunds and 21/4 seers of wheat for the purpose of sale without license. Subsequently appellant was charged for committing an offence under section 7 of the Essential Commodities Act, 1955. Thereafter the appellant pleaded there was no intention to contravene any provisions of the law and the grains were stored upon filing an application for license and upon believe that it will be issued to him. The appellant further stated that he continued to submit returns on the food grains stored and purchased to the respected authority. Thus, the appellant was acquitted in the Court of Additional District Magistrate o

Writs and nature of writ

 Writs and nature of writ Before the British rule, kings used to rule their territory, and the rules of the territory used to be according to the king of the territory as per their wish , There was no interference this matter from the public. In the year 1950 ,India got its constitution in which the public of India received its fundamental rights. Article 32 and 226 of the Indian Constitution speaks about the protection of fundamental rights. The four important articles when it comes to protection of fundamental rights are - Article 13- which talks about judicial review Article 32 -is one of the fundamental rights of the Indian citizen Article 226 is performed by the High Court of India Article 359 – Emergency provision Writ is a constitutional remedy. It is an order issued by administrative or judicial body in the form of warrants , prerogative writs and supboenas. Under Indian constitution only high court and supreme court can issue writs . Article 32 and Article 139 -power of the Su

Intentional tort

  Intentional tort There are five categories of tort Intentional tort – Under this the intention of the person is questioned property tort – It is related to the rights invaded related to the property (infringement of property rights) dignitary tort – It means a tort that causes injury to a person’s name , fame , honour ,reputation , goodwill economic tort – also known as business tort , an act that causes havoc business transaction such as interference with business economic relations and other tort. Intentional tort includes assault, battery, false imprisonment. Property tort includes trespass to land, wrongful conversion, trespass to goods. Dignitary tort includes defamation, invasion of privacy, breach of confidence, malicious prosecution. Economic tort includes tortious interference, tortious conspiracy, fraud, restraint to trade. Intentional tort is basically an act done by a person with an objective ,a purpose with a clear mindset to cause wrongful damage. An act which is inte

Section 43 CRPC

  SECTION 43 CRPC By P.Hema An arrest is curtailing the liberty to ensure the obedience of the order of a court. It may also be done to prevent the commission of a crime or to ensure that a person suspected of a crime is forthcoming to be presented for a trial. Under normal circumstances, a police officer will arrest a person, however, in certain situations a person other than a police officer can make an arrest.  The Code of Criminal Procedure, 1973  lays down provisions as to who can make an arrest followed by its procedure. Apart from police officers, the magistrate and a private person can also arrest a person. In this article, we will discuss the conditions under which they can arrest and the procedure. Arrest by private person and procedure on such arrest: (1) Any private person may arrest or cause to be arrested any person who in his presence commits a non- bailable and cognizable offence, or any proclaimed offender, and, without unnecessary delay, shall make over or cause to b

Rules OF Partition under Mitakshara Law

Rules OF Partition under Mitakshara Law Hindu Succession Act 1956 does not apply to the property of a Hindu who is married under the SMA to a non-hindu. HSA is dealing separate properties of mitakshara male, the separate and coparcener properties of Dayabaga male and the undivided interest in the joint family property of a mitakshara coparcener. Heirs to a Hindu male (Mitakshara coparcener) fall under five categories: Class 1 heirs : Mother, widow, daughter, son, widow of a predeceased son, daughter of a predeceased son, son of a predeceased son, widow of a predeceased son of a predeceased son, son of a predeceased son of a predeceased son, daughter of a predeceased son of a predeceased son, daughter of a predeceased daughter, son of a predeceased daughter, daughter of a predeceased daughter of a predeceased daughter, son of a predeceased daughter of a predeceased daughter, daughter of a predeceased son of a predeceased daughter, daughter of a predeceased daughter of a predeceased son.

Paris Convention for the Protection of the Industrial Property

  Paris Convention for the Protection of the Industrial Property  Before 1883, industrialisation had already begun and international trade was also on rise. To obtain a patent, novelty is a criteria and for novelty, the parameter is that something similar should not be existing anywhere in the world and it was difficult to obtain patent in all these countries simultaneously. Therefore, a desire for harmonisation of laws was there largely with respect to trademark and patent.  Paris Convention applies to industrial property. The convention for the first time discussed two important concepts:  National Treatment : If government of a particular nation treats its citizens in a particular manner, it is obliged to treat the citizens of other countries in a same manner. As per the convention, every member country must provide same protection to citizens of other member states that it provides to its own citizens. The same national treatment must be granted to nationals of countries which are