LAWACADEMY

Difference between section 34 and 35 of IPC & JOINT LIABILITY  Under the Indian Penal Code (IPC), Section 34 and Section 35 deal with concepts of joint liability in criminal acts. Although both these sections address situations where multiple persons are involved in committing a criminal act, they differ slightly in their application and scope. Let’s break them down with examples to clarify the distinctions. Section 34: Common Intention Section 34 : “When a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone.” This section imposes joint liability when: Two or more persons are involved. There’s a pre-arranged or common intention among them to commit a crime. The criminal act was done in furtherance of that common intention. The essence of Section 34 lies in the shared intention to commit the crime, meaning that even if one individual carries out the a...

The Doctrine of Cy-Pres The Doctrine of Cy Pres (pronounced as "sigh-pray"), meaning " as near as possible ," is a principle in law used to interpret and implement a legal document in a way that closely follows the intent of the document's creator when the original intent cannot be precisely carried out. In the context of the Transfer of Property Act, 1882 (TPA), this doctrine is primarily applied in cases where there is a charitable trust or purpose that cannot be fulfilled in the exact manner specified, but the court interprets it in a way that achieves the closest possible outcome to the settlor's intention. Explanation of Doctrine of Cy Pres in TPA: In property law, specifically under the Transfer of Property Act, the doctrine is used when the transfer of property is made for a specific purpose that becomes impossible, impracticable, or unlawful to achieve. In such cases, the court applies the doctrine of cy pres to allow the property or funds to be app...

Socialism and secularism Socialism and secularism are two distinct but often intertwined concepts in political and social theory, especially in countries like India where they have been enshrined in the Constitution. Socialism Socialism is a socio-economic system that emphasizes collective or governmental ownership and control of the means of production, distribution, and exchange. The core idea is to promote equality and reduce economic disparities by redistributing wealth more equitably. Socialism can take different forms, from democratic socialism (which exists within a democratic framework) to more extreme versions like communism. Key Features of Socialism: 1. Public Ownership: Resources and industries are owned by the state or collectively by society. 2. Economic Equality: Focuses on reducing the wealth gap between rich and poor. 3. Social Welfare: Strong emphasis on providing basic necessities like healthcare, education, and housing to all citizens. 4. Regulation: Government ofte...

Theories of Punishment Punishment in law serves multiple purposes, and the rationale behind these punishments can be understood through different theories of punishment. These theories form the foundation for justifying punishment and help in shaping laws and sentencing policies. Here’s a detailed explanation of each theory with examples: 1. Deterrent Theory The deterrent theory focuses on preventing crime by imposing severe punishments to create fear among people. The idea is that potential offenders will refrain from committing crimes if they fear punishment. Example : The death penalty or long-term imprisonment for serious offenses like murder or terrorism acts as a deterrent for those considering committing such crimes. 2. Retributive Theory This theory is based on the principle of "an eye for an eye" or giving the offender what they deserve. It focuses on vengeance or moral satisfaction, ensuring the punishment is proportionate to the crime committed. The goal is not to ...

"When once the period of limitation begins to run subsequent, disability has no affect." The phrase "When once the period of limitation begins to run subsequent, disability has no effect" refers to the principle in the Limitation Act, 1963, which governs the time limits within which legal actions must be initiated. This principle is crucial in ensuring that claims are made within a reasonable time frame, promoting legal certainty and fairness. Under the Limitation Act, 1963, the period of limitation is the time within which a party must file a lawsuit. Once this period begins, it continues to run regardless of any subsequent disability or incapacity that may affect the claimant. Disability, in this context, refers to conditions such as minority, insanity, or idiocy. Section 6 of the Limitation Act, 1963, provides that if a person entitled to institute a suit or make an application is, at the time from which the prescribed period is to be reckoned, a minor, insane, o...

Suits by indigent persons Order 33 provides for filing of suits by indigent persons. Persons who are too poor and cannot afford court fees are allowed under certain conditions to file suit without paying court fees. Courts fee is calculated under the Court Fees Act and it is paid at the time of presentation of plaint. The object behind this provision is to protect the bona fide claims of indigent persons so that they may not be precluded from exercising legal remedies owing to strained economic conditions. Meaning of indigent person: Explanation I appended to Order 33 Rule 1 provides that a person is an 'indigent person' if: (i) He is not possessed of sufficient means to enable him to pay the fee prescribed by law for the plaint in such suit, or (ii) Where no such fees is prescribed, when he is not entitled to property worth Rs. 1,000. In both the cases, the property exempted from attachment in execution of a decree and subject matter of the suit should be excluded. [Explanatio...

  Suits by or against minors or persons of unsound mind

Attachment before judgment Order 38 Rules 5 to 13 of the Code provide for attachment before judgment. Object : Supreme Court in Sardar Govindrao v. Devi Sahai, (1982) 1 SCC 237 laid down that the primary object of attachment before judgment is to give assurance to the plaintiff that the decree if made would be satisfied. It is also made to prevent an attempt on the part of the defendant to defeat the realization to decree that may be passed against him. Any court except the court of small causes can order such attachment [Rule 13]. However, any agricultural produce in possession of an agriculturist cannot be ordered to be attached before judgment. [Rule 12] Grounds for attachment before judgment [Rule 5]: The court may order attachment before judgment if it is satisfied that: (a) The defendant is about to dispose of the whole or any part of his property, or remove the same from the local limits of the jurisdiction of the court, and (b) He does so with the intent to obstruct or delay th...

Arrest before judgment Order 38, Rule 1 to 4 provides for arrest before judgment and procedure to be adopted. As a general rule of procedure the creditor has to first obtain a decree from the court and then if the decree is not satisfied, the creditor can resort to execution proceedings to get fruits of the decree. Modes of arrest and attachment of judgment debtor are provided in cases of execution of decree. However, in certain situations creditor can sort arrest of judgment debtor before actual passing of judgment/decree. Object : The object is to enable the plaintiff to realize the fruits of decree if decree is eventually passed in his favour and to prevent the defendant to defeat the execution of such decree. [Raman Tech and Process Engg. Co. Ltd. v. Solanki Traders, (2008) 2 SCC 302] Grounds for arrest before judgment [Rule 1]: Order 38 Rule 1 empowers the court to issue a warrant to arrest against the defendant at any stage of the suit on following grounds: (a) That the defendant...

Temporary Injunctions Meaning : The term 'injunction' is not defined in the Code. It is a remedy in the form of an order of the court addressed to a particular person either prohibiting him from doing or continuing to do a particular act (prohibitory injunction) or orders him to carry out a certain act (mandatory injunction). Object : Primary object of granting interim injunction is the preservation of property in dispute til the rights of the parties are completely adjudicated. Types of Injunctions From the point of view of nature injunctions are of injunctions are two types:- (a) Prohibitory injunction : They prevent or prohibit the person from doing a particular act, (b) Mandatory injunction: They compel or order the person to do some positive act. From the point of view of duration injunctions are of two types:- (a) Permanent Injunction [Section 38, Specific Relief Act, 1963 ] : Permanent or perpetual injunction restrains a party forever from doing the specified act and i...