Author: saloni jain

Discharge of Right of Action in Tort A right of action for a tort may come to an end or be discharged in one of the following ways: Death of Parties[Actio personalis moritur cum persona] — The most important mode of discharge of tort is by way of the death of parties. In common law, the action for damages comes to an end with the death of the person by whom the wrong was done and also with the person to whom the wrong was done. Once an action has begun and thereafter either party dies before delivery of judgment,…

Prize Courts and Ownership of Enemy Property The enemy properties seized in sea on violation of rules of blockade or contraband are called ‘prize’. But simply by seizing such properties or ships as prize, belligerent states doesn’t acquire ownership over them. In order to acquire ownership over such goods or ships, the general practice is that goods or ships are produced before courts which are called “Prize Courts”. These courts determine the validity of seizure of goods or ships. If they decide that goods or ships have been validly seized, then the belligerent states which seized them acquire ownership. Such…

Punishment under law is fundamentally a technique of social control or the oldest method of controlling crime and criminality. It is inflicted by the state on an individual who is subjected to laws of the state but breaks such laws. Forms of Punishment: Mutilation: It was a kind of corporal punishment where one or both hands of a person who committed theft were chopped off. If he indulged in a sex crime, his private part was cut off. This punishment stands completely discarded in modern times because of its barbaric nature. Branding: The convicts were branded as a mark of…

Rajasthan Tenancy Act, 1955 [Chapter – III C] Section 31 to 37 deals with Primary Rights of Tenants – Section 31. Right to Residential House A tenant is entitled to possess a site for a residential house in the abadi of the village where he holds his land. However, if he holds lands in more than one village, he must select only one village in which he wishes to enjoy this concessional right. An agriculturist or artisan is also entitled as per conditions laid down therein. Further, such person shall have to make an application to the Tehsildar, if he…

Violence Against Women in a Patriarchal Society Throughout the history, women have often found themselves victims of violence in a patriarchal society that privileges male authority and power. The male-dominated society has deep historical roots influenced by cultural, social, and religious norms that have long positioned men as dominant gender. Historically, women were often viewed as property of their male relatives, which laid ground-work for normalization of violence against them. Forms of Violence Against Women Domestic Violence: This is the most pervasive form of violence, where women are often abused by intimate partners. Statistics reveal that a significant number of…

Question: What is Industrial dispute? Difference b/w Industrial & Individual dispute. What are circumstances in which individual dispute can become an industrial dispute? Answer: Definition: Section 2(k) of the Industrial Disputes Act, 1947 defines “Industrial Dispute” as follows: A dispute or difference between: Employers & employers Employers & workmen Workmen & workmen The dispute or difference must be connected with: Employment or non-employment Terms of employment Conditions of labour of any person The dispute may relate to any workman or workmen or any other person in whom they are interested as a body. For a dispute to qualify as an…

Victimology Victimology may be defined as the scientific study of victimization, including the relationship between victims and the criminal justice system (i.e., police, courts, and correctional officials). It also includes connections between victims and other social groups and institutions such as the media, business, and social movements. The term ‘victim’ in general parlance refers to those who experience injury, loss, or hardships due to any cause, and one such cause may be crime. Such injury or harm may be physical, mental, financial, or emotional. Theories of Victimology Victim Precipitation: This theory can be perceived as a negative approach to victims…

White Collar Crimes A crime committed by persons of respectability and high status in course of their occupation. A white collar crime belongs to upper socio-economic class who violates law while conducting their professional duties. The most dismal aspect of white collar crimes is that there is no effective program for enforcement of criminal law against them and influential persons involved in these offences are able to resist enforcement of law against themselves. The impact of white collar crime is so much diffused in community that many times members of community themselves contribute to its commission willingly or unwillingly. Examples…

Poverty And Criminality In this article, I’ve tried to co-relate poverty and criminality by theories and case laws. The relationship between crime and economy is inverse. That is, when economic conditions are favourable, the incidence of crime is comparatively low, but in times of economic depression, criminality records an upward trend. Co-relation between crime rate and poverty indicates that crime is associated with areas of poverty because of their adverse living conditions, unfavourable socio-economic circumstances, and lack of resources. According to Gabriel Trade, crimes are a result of man’s craze for a luxurious life. If a man who is used…