DR ANUPAM KUMAR MISHRA

  Joint and Constructive Liability A person who truly commits a crime is typically held legally responsible and punished as a result. The notion of criminal responsibility asserts that the person who commits an offence is accountable and can be found guilty on his or her own. However, Sections 34 and 149 of the Indian Penal Code, 1860, offer an exception to the rule, imposing criminal liability on the perpetrator and his or her accomplices who participated in the commission of the crime in support of a common intention or the pursuit of a common goal. In such a situation, each of them becomes jointly liable. In the well-known case of Ramesh Singh alias Photti v. State of Andhra Pradesh, the Supreme Court of India agreed (2004). Section 34 of the Indian Penal Code, 1860 lays down the provision for joint liability in cases where different persons share a common intention. Section 34 reads as, “acts done by several persons in furtherance of common intention”. In order to understand the te

  Meaning and concept of geographical indication The word says for itself. Geographical here means a specific representation of a land in a particular region or area. Geographical indication identifies the birth place of a product. Basically it is related to the initial origin of a particular product where it was first made , researched , introduced ,produced . The geographical position of a product indicates the quality and nature of the product. It basically plays a vital role in setting an image of the product on the basis of it’s origin place. It lays down the fact that a particular products belong to a particular place even if it is available all over the world or country but first it originated in particular place basically from where it belongs. The geographical place of production of that particular product speaks a lot about the quality of the product. So, there is a very fair link between the product and the place it belongs. Geographical indication of product sets a stereoty

  Kidnapping and Abduction with case laws (Offences against human body) Kidnapping and abduction is mentioned in Section 359-374 of IPC Section 359 of IPC speaks about two kinds of kidnapping : Kidnapping from India and kidnapping from lawful guardianship. Section 360 of IPC speaks about kidnapping from India . It means carrying or taking away a person and such taking away should be beyond the limitations of India or outside the territorial borders of India without the consent of that person or a person’s legally authorised person. The intention in this base of offence is not considered. Kidnapping from India would account to offence , no matter what the intention of the person is. Section 361 of IPC speaks about kidnapping for lawful guardianship. It means taking away a person or compelling a person of less than 16 years of age in case of male ,18 years of age in case of female and a person of unsound mind to come along by deceitful means viz by communicating false advantages he/she w

  DOCTRINE OF SEVERABILITY BY NUPUR GARG INTRODUCTION  This doctrine of severability is also known as the doctrine of separability.  The word “to the extent of the inconsistency or contravention” makes it clear that when some of the provision of a statue when some of the provisions of a statute becomes unconstitutional on account of inconsistency with fundamental rights, only to the repugnant provision of the law in question shall be treated by the courts as void, and not the whole statute. The doctrine of severability means that when some particular provision of a statute offends or is against a constitutional limitation, but that provision is severable from the rest of the statute, only that offending provision will be declared void by the Court and not the entire statute. The doctrine of severability says that if good and bad provisions are joined together by using the word 'and' or 'or' and the enforcement of good provision is not made dependent on the enforcement o

  WAGING WAR UNDER SECTION 121 INDIAN PENAL CODE  BY NUPUR GARG INTRODUCTION  Waging, or attempting to wage war, or abetting waging of war, against the Government of India. - Whoever wages war against the Government of India, or attempts to wage such war, or abets the waging of such war, shall be punished with death, or imprisonment for life and shall also be liable to fine.  This section deals with various ways which has the potential to waging war against the government, the expression waging war here refers to a deliberate and organized attack upon the government forces and government institutions; the term whoever applies to Indian citizens as well as foreigners. In other words, making an attempt to conduct an offence of public nature with the aim to fulfill any criminal purpose against the state, in this aspect, the intention or the purpose behind the act is taken in consideration and not the murder or use of force, as such acts disturb the public tranquility, public order and nat

  Legal Maxim of Nemo Dat Quod Non Habet By Shweta Nair Meaning: No one can transfer a better title than he himself possess or it is also known as no one can give or transfer who possess not.  Where a person sells goods through another wherein the seller is not the owner of goods or where a person without the authority or consent of the owner sells the goods to another. The buyer does not get a good title to those goods as the seller’s title is a defective title.  Certain Exceptions:  Even though the seller may not have right to sell those goods, still the buyer may have the right.  Title by Estopple:  Where the owner of the goods by his conduct induces the buyer to believe that the seller has an authority to sell, the owner is estopped or prevented from denying the seller’s authority to sell and the buyer gets a good title with respect to those goods.  Sale by Mercantile Agent: Following conditions must be fulfilled:  The Mercantile Agent must have obtained the possession of the goods

  Legal Maxim of Nemo Dat Quod Non Habet By Shweta Nair Meaning: No one can transfer a better title than he himself possess or it is also known as no one can give or transfer who possess not.  Where a person sells goods through another wherein the seller is not the owner of goods or where a person without the authority or consent of the owner sells the goods to another. The buyer does not get a good title to those goods as the seller’s title is a defective title.  Certain Exceptions:  Even though the seller may not have right to sell those goods, still the buyer may have the right.  Title by Estopple:  Where the owner of the goods by his conduct induces the buyer to believe that the seller has an authority to sell, the owner is estopped or prevented from denying the seller’s authority to sell and the buyer gets a good title with respect to those goods.  Sale by Mercantile Agent: Following conditions must be fulfilled:  The Mercantile Agent must have obtained the possession of the goods