Offence of Robbery – sec 390, 392-394 IPC

 Megha Jain  22/03/2023  0 Comments on Offence of Robbery – sec 390, 392-394 IPC

Section 390 of Indian Penal Code defines “Robbery” In every robbery there is either theft or extortion. When 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…

Approach of Penal Code towards the offences against 3 wings of India – sec 131 – 140 IPC

 Megha Jain  22/03/2023  0 Comments on Approach of Penal Code towards the offences against 3 wings of India – sec 131 – 140 IPC

Section 131 of Indian Penal Code 1860 defines  Abetting mutiny, or attempting to seduce a soldier, sailor or airman from his duty. Whoever abets the committing of mutiny by an officer, soldier, sailor or airman, in the Army, Navy or Air Force of the Government of India or attempts to…

LEGALITY AND CONSTITUTIONALITY OF INDIA’S COLLEGIUM SYSTEM FOR JUDICIAL APPOINTMENTS

 LEGAL LOCK ADMIN  21/03/2023  0 Comments on LEGALITY AND CONSTITUTIONALITY OF INDIA’S COLLEGIUM SYSTEM FOR JUDICIAL APPOINTMENTS

The purpose of this article is to examine the legality and constitutionality of India’s Collegium system for judicial appointments. The article will provide a brief overview of the Collegium system and its history, and then delve into the various arguments for and against the system.

Offences related to Elections

 Megha Jain  20/03/2023  0 Comments on Offences related to Elections

Introduction  In the Indian Penal Code, Section 171 of Part IXA deals with election-related offences. Section 2 of the Indian Elections Offences and Inquiries Act,1920, established this Chapter. Bribery, personation, undue influence, and making false statements to disparage someone are all prohibited under the law. The fundamental goal of this…

Offence of hurt

 Megha Jain  20/03/2023  0 Comments on Offence of hurt

Introduction:- Chapter XVI of the Indian penal code, talk about an offences affecting the human body with the section (299- 377). It is the largest chapter of the IPC. It contains 88 sections. It clearly indicates the importance attached to the preservation and protection of right to life and liberty,…

Criminal Misappropriation of Property and Criminal Breach of Trust – 403-409 IPC

 Megha Jain  20/03/2023  0 Comments on Criminal Misappropriation of Property and Criminal Breach of Trust – 403-409 IPC

Section 403 ‐ Dishonest misappropriation of property. Whoever venally mis‐appropriates or converts to his own use any movable property, shall be chastened with imprisonment of either description for a term which can reach 2 years, or with fine, or with each. Illustrations ﴾a﴿ A takes property happiness to Z out…

Duties and functions of Commission under Competition Act

 Megha Jain  20/03/2023  0 Comments on Duties and functions of Commission under Competition Act

Duties of Commission. Subject to the provisions of this Act, it shall be the duty of the Commission to eliminate practices having adverse result on competition, promote and sustain competition, defend the interests of customers, and guarantee freedom of trade carried on by alternative participants, in markets in India: on…

Agreement in restraint trade, sale of goodwill and power of exemption

 Megha Jain  20/03/2023  0 Comments on Agreement in restraint trade, sale of goodwill and power of exemption

Introduction  A partnership is a form of business borne out of a formal agreement, where two or more persons agree to become co-owners, to manage and operate the business in order to share its profit and losses. The partners in a partnership can be organizations, individuals, schools, businesses, governments or…

Offence of Dacoity under IPC

 Megha Jain  20/03/2023  0 Comments on Offence of Dacoity under IPC

Introduction According to the lexicon of oxford, robbery means that Associate in Nursing act of violent theft that is committed by associate in Nursing armed gang. there’s just one issue that differentiates robbery from theft which is that the range of offenders. One person can even commit a theft and…

Offer under Contract Law

 Megha Jain  20/03/2023  0 Comments on Offer under Contract Law

By Tania Maria Joy What is offer? Offer is defined under Section 2 of the Indian Contract Act 1872. The definition is  “When one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other to such…

Offence of Wrong restrain and confinement

 Megha Jain  20/03/2023  0 Comments on Offence of Wrong restrain and confinement

Introduction  Articles 19 and 21 of the Indian Constitution grant everyone the right to freedom of movement and personal liberty throughout the country. In order to achieve the Constitution’s goal, the Indian Penal Code establishes penalties for anybody who infringes on another’s freedom of movement or personal liberty. Wrongful Restraint…

Licenses under copyright rules – sec (30-32)

 Megha Jain  20/03/2023  0 Comments on Licenses under copyright rules – sec (30-32)

The owner of copyright could grant a license associated do} any of the act in respect of that he has an perquisite to try to. The license is often classified into following categories: Voluntary license (Section 30) The author or the copyright owner has exclusive rights in his artistic work…

Offence of Criminal Trespass

 Megha Jain  20/03/2023  0 Comments on Offence of Criminal Trespass

The offences relating to Criminal Trespass has been discussed from section 441-462 under the Indian Penal Code, 1860 Section 441 Criminal trespass is defined as anyone who unlawfully enters or remains on another’s property with the intent to commit an offence or to intimidate, insult, or annoy any person in…

Essential for Valid Contract

 Megha Jain  20/03/2023  0 Comments on Essential for Valid Contract

By Tania Maria Joy Introduction The contract is when two parties put into writing an agreement that contains certain obligations which are to be performed by the parties. This written agreement becomes enforceable by law and then it becomes a contract. Enforceable by law means when the agreement has acquired…

Doctrine of Marshalling and Contribution – sec 81 and 82

 Megha Jain  20/03/2023  0 Comments on Doctrine of Marshalling and Contribution – sec 81 and 82

DOCTRINE OF MARSHALLING Section 81 defines the doctrine of Marshalling of securities. According to Section 81 of the Transfer of Property DOCTRINE OF MARSHALLING If the owner of two or more properties – i) mortages them to one person, ii)and then mortages one or more of the properties to another…

DUTIES OF SELLERS AND BUYERS OF GOODS (SECTION 31 SALES OF GOODS ACT)

 Megha Jain  20/03/2023  0 Comments on DUTIES OF SELLERS AND BUYERS OF GOODS (SECTION 31 SALES OF GOODS ACT)

Duties of buyers of goods Specific duties of the buyers of goods are as mentioned : Payment of price After the delivery of the goods from the seller, the buyer might accept it or reject it. If the buyer accepts it then he needs to pay the price of goods….

Copyright Societies – sec (33-36) of  the Copyright Act, 195

 Megha Jain  20/03/2023  0 Comments on Copyright Societies – sec (33-36) of  the Copyright Act, 195

Introduction Intellectual property rights ar the rights that ar given to an individual for his or her creations in inventive, musical, filmography, scientific, etc fields. property could be a product of the human intellect or artistic minds. The scope of property is increasing in no time with the passing of…

Counterfeiting of Coin: sec 230 – 237 of the Indian Penal Code

 Megha Jain  20/03/2023  0 Comments on Counterfeiting of Coin: sec 230 – 237 of the Indian Penal Code

Section 230 if the Indian Penal Code 1860  defines “Coin”. Coin is basically a metal used for the time being as money, and stamped and issued by the authority of some State or Sovereign Power in order to be so used. The Indian coin. The Indian coin is metal stamped…

Concept of vested and contingent interest- sec 19-23

 Megha Jain  19/03/2023  0 Comments on Concept of vested and contingent interest- sec 19-23

Introduction:- Chapters II of the transfer of Property Act 1882, the parties intended for the contract of transfer of property are first one is ’Transferor’ and the second is ‘Transferee’. In this the transferor is somebody who transfers his property to another even as the transferee is a person who…

Incorporation of LLP – section 11-13 of LLP act, 2008

 Megha Jain  19/03/2023  0 Comments on Incorporation of LLP – section 11-13 of LLP act, 2008

By Tania Maria Joy Introduction Limited Liability Partnerships have gotten quite popular in the last few years. In this article, we will focus on the process and steps along with the elements essential for the incorporation of an LLP (limited liability partnership).  The guidelines are provided by the Limited Liability…

Lease and rights and liabilities of the lessor and lessee, section (105-111) TPA

 Megha Jain  19/03/2023  0 Comments on Lease and rights and liabilities of the lessor and lessee, section (105-111) TPA

Section 105:- definition of lease A lease can only be granted of an Immovable property and not of a movable property. Under Section 3 of this act, the expression “Immovable property” has been defined in consonance with   which standing timber, growing crops or grass are specifically debarred from immovable…

Appointment and authority of agents, section (182-189)

 Megha Jain  19/03/2023  0 Comments on Appointment and authority of agents, section (182-189)

Introduction Chapter X of the Indian contract act deals by means of agency with the topic of appointment & authority of agents.  For this agency law, we know there is the maxim “qui facit per alium facit per se”, which meaning is “who acts throughout another are deemed in rule…

Delivery of the good – sec 32-40 of the Sales and Goods Act, 1930

 Megha Jain  19/03/2023  0 Comments on Delivery of the good – sec 32-40 of the Sales and Goods Act, 1930

Section 32 of the sale of goods act, 1930 defines delivery to carrier. (1)Where, in pursuance of a contract of sale, the seller is authorised or required to send the goods to the buyer, delivery of the goods to a carrier (whether named by the buyer or not) for the…

Mode of doing act, the effect of admission and notice on other partner/partners

 Megha Jain  19/03/2023  0 Comments on Mode of doing act, the effect of admission and notice on other partner/partners

Introduction  A partnership is a form of business borne out of a formal agreement, where two or more persons agree to become co-owners, to manage and operate the business in order to share its profit and losses. The partners in a partnership can be organizations, individuals, schools, businesses, governments or…

Offence of defamation under IPC (499-502)

 Megha Jain  19/03/2023  0 Comments on Offence of defamation under IPC (499-502)

By Tania Maria Joy Introduction Defamation is a procedure for check and balance on the Right to freedom of speech and expression (Article 19). It is a procedure to ensure that nobody harms the reputation of any person or tends to create a wrong opinion of the person who is…