DR ANUPAM KUMAR MISHRA

  Offer and Invitation to offer Section 2(a) of the Indian Contract Act, 1872  defines proposal.  When one person signifies his willingness to do or abstain from doing something with a view to obtain the assent of another person is called a proposal. The person who makes an offer is called the  Offeror  and the person to whom the offer is made is called the  Offeree .   There is a  difference between an offer and an invitation for others to make an offer . An invitation for others to make an offer is not an offer within the meaning of “Offer” under the Contract Act. Sometimes a person may not make an offer to sell his goods, but makes a statement or conducts in such a way, to make other persons make an offer to him. This is an invitation to offer. Such situations generally include advertisements, tenders, goods on display, Expression of Interest (EoIs) and auction. In case of an auction, when the auctioneer starts the bid by quoting a price, it is basically for others to make him an of

                 PLEA BARGAINING Meaning of Plea Bargaining Plea bargaining is a pretrial negotiation between the accused and the prosecution where the accused agrees to plead guilty in exchange for certain concessions by the prosecution. It is a bargain where a defendant pleads guilty to a lesser charge and the prosecutors in return drop more serious charges. It is not available for all types of crime e.g. a person cannot claim plea bargaining after committing heinous crimes or for the crimes which are punishable with death or life imprisonment. Plea Bargaining in India Plea Bargaining is not an indigenous concept of Indian legal system. It is a part of the recent development of Indian Criminal Justice System (ICJS). It was inculcated in Indian Criminal Justice System after considering the burden of long-standing cases on the Judiciary. Criminal Procedure Code and Plea Bargaining Section 265A to 265L, Chapter XXIA of the Criminal Procedure Code deals with the concept of Plea Bargainin

  Dismissal of Complaint under CrPC According to Section 203 of CrPC, “The Magistrate can also dismiss the complaint if inquiry or investigation under Section 202 result no ground for proceedings”, i.e, after considering the statements of the complainant and its witnesses under Section 200 and the result of investigation under Section 202, the Judicial Magistrate is of the opinion that there is no sufficient ground to proceed in the matter, he shall dismiss the complaint with brief recorded reasons. A second complaint on the same facts could be entertained only in exceptional cases. Issue of Process As per Section 204 CrPC, if the Judicial Magistrate taking Cognizance of an offence considers that there is sufficient ground to proceed in the matter, he shall issue process against the accused person in the following manner: If it’s a summons case, he shall issue a summons for the attendance of the accused If it’s a warrant case, he may issue a warrant or if he thinks fit, may issue a sum

  Trespass to Goods,  Trespass to Goods consist of direct physical interference with the goods which in the possession of the plaintiff without any lawful jurisdiction. It include many things like chasing animal to provoke them run away from the owners possession, like throwing the stone on neighbors car, shooting birds, kill the dog by giving them a poisoned.  Trespass to goods is actionable per se that directly means it is without the proof of any damages.  The Trespass to the land include many wrong like it include a wrong against possession that mean any person whose possession of goods is directly interfered with can bring action. A person may be in the direct possession of the goods or may have constructive possession. A person having can sue even without any proof of his title to the goods. A trespasser cannot take the defence of jus terti, that is, he cannot be allowed to say that some third party and not the possessor of it had a good title to the goods.  It includes the direc

  Response to Violence against Woman In my pervious video I talked about the violence against woman and in this Article I’m particularly going to about the responses which can be taken against the violation of woman. I used the data from WHO (world health organization) to suffice the purpose of this Article.  Introduction; Violation against woman particularly have a sexual violence against woman and violation of woman’s human right, These responses include enforcement of existing law as a part of law of tort the law of assault, what we can do as a lawyer we can support, women and girls access to quality multi sector service essential for their safety.  While preventing women against the violation them the multi sector organization plays an important role play. The health can provide comprehensive services, sanitize and train health care provider in responding to the need of survivors holistically and empathetically.  We can promote gender norms as a part of life skills and comprehensiv

  Conditional Transfers under Transfer of Property Act, 1882 INTRODUCTION Section 25 of the Transfer of Property Act, 1882  provides for Conditional Transfer. It means that any transfer that happens on the fulfilment of a condition that is imposed on the other party for the transfer of property. For any kind of a conditional transfer to be valid, the condition that is imposed should not be: Prohibited by law, Should not be an act that involves fraudulent acts, Should not be any act that is impossible, Should not be an act that is termed as violative of public policy, Should not be immoral, Any act that incurs any harm to any person or his property. Types of Conditions on Transfer There are three specific types of conditions that are imposed in a transfer of property and there are some more types provided. All these conditions should also satisfy all the requirements of a condition as mentioned in Section 25 of the Transfer of Property Act, 1882 . Condition Precedent It is given in  Sec

  Criminal Conspiracy Criminal Conspiracy can be defined as an act when two or more persons agree to do or cause to do: Any illegal act. Any act which is done through illegal means. It is important to note that the objective to do such a crime is very important in this act.  In the case of Mulcahy v. Regina , it was said that the criminal intent of doing an act is very indispensable from constituting an act of conspiracy.  In Rex v. Jones , it was first held that “Criminal Conspiracy ought to charge a conspiracy, either to do an unlawful act or a lawful act by unlawful means”. The idea of intent extends in various cases in national and international law. Many have argued on the constitution of the ‘unlawful’ act. The real meaning to that is still getting scrutinised by the courts, however, we can still count that as anything which is against the law.  Criminal conspiracy was considered a civil offence, initially. The idea behind this was two-fold: Abetment in any offence; or Conspiracy