Author: vinay sharma

India is a country with a diverse array of personal laws, each community having its own set of family laws. The majority community, the Hindus, have their distinct family law, and the biggest minority community, the Muslims, also have their own family law. Similarly, smaller minority communities such as Christians, Parsis, and Jews, though not significantly numerous in the context of the total population of India, have their separate family laws as well. Even though each of these communities is religious, it is not necessarily the case that their personal law is strictly religious law. Moreover, for the application of…

Punishment and Its Justification Punishment is inflicted, that it is imposed by someone’s voluntary act: punishment is inflicted upon the criminal, or upon someone who is supposed to be answerable for him and for his wrongdoings.  Justification for Punishment There are valid reasons for justification of punishment to offenders who are convicted of an offence. They may briefly be stated as follows: Deterrence: Punishment dissuades a person from future wrongdoing by making punishment severe enough so that the benefit or pleasure derived from the offence is outweighed by the pain and probability of punishment. Incapacitation: Incarceration confines the prisoner and…

There are two major considerations on which the Doctrine of Limitation and Prescription is based: The main objective of limiting legal action is to give effect to the maxim “interest reipublicae ut sit finis litium”, meaning it is in the State’s interest to limit litigation. This prevents disturbance or deprivation of what has been acquired by justice, long enjoyment, or through the inaction or negligence of others. The concept of limitation restricts controversies to a fixed period of time, acknowledging that legal disputes must not persist indefinitely. This statutory restriction allows enforcement of existing rights within a specific timeframe. It…