Saturday 17 December 2011

INTRESTING LEGAL FACTS

·     ·        Accomplice- partner in crime.
·        Sacrilege- breaking of divine idol.
·        Prevention of Corruption Act (PCA) - Section 7 defines imprisonment of not less than six months in case of obtaining bribe which may be extended further to 2-5 years.
·        Fatwa- It generally contains details of scholars reasoning in response to a particular case. It is a legal pronouncement or legal opinion, a particular type of judgment. Issuer of fatwa is called Mufti. It is practiced in Islam.
·        Benami transitions do not apply to widowed wife.
·        Curfew is imposed under section 144 of IPC.
·        Status que- to keep the things in a state they presently are.
·        Calumny- a false statement spoken in order to damage once reputation.
·        Inquest- inquiry into cause of unnatural death.
·        Adoption is not recognized in Islam.
·        Sexual harassment bill- hospital patients are covered and domestic maids are not covered.
·        Felony- a serious crime whose punishment is more than a year or even death punishment.
·        Requisition- taking control of property temporarily.
·        Ipso facto- by the same source.
·        Corroborative evidence- which supports an evidence already stated.
·        Chattel- movable property.
·        Lease- transfer of right from original owner to another for the enjoyment of immovable property for a certain period.
·        Maximum period of emergency- 3 years.
·        Minimum period of emergency- 6 months.
·        President can seek re-election any no. of times.
·        A criminal complaint is filed before a magistrate and a FIR is filled before a police officer. A warrant is issued by a magistrate.
·        Bench- courtroom.
·        LLB- Legum Baccalaureus.
·        LLM- Legum Magister.
·        Order of heads of India:
1.   President
2.   Vice-president
3.   Chief Justice of India
4.   Attorney General
·        Frustration of a contract is its cancellation due to impossibility of performance.
·        Rs 1000 compensation is to be awarded to a person who is arrested without any ground.
·        Election symbol- provided to each political party by the Election Commission of India and no political party has absolute right to have a symbol of its own.
·        1st women judge of Supreme Court of India- Fatima Bibi but she was second after Sandra Day O’ Conner of U.S.
·        Largest number of states covered by a single H.C- Guwahati High Court
(Includes Assam, Manipur, Meghalaya, Nagaland, Tripura, Mizoram and Arunachal Pradesh)
·        Proctor- a person who takes the charge of or acts for another.
·        Precedent- It is a legal case or an authority which establishes a principle or a rule that a court or any other judicial body may utilize when deciding certain cases.
·        Obiter dicta- remarks of a judge which are not necessary to reach a decision but are made as comments.
·        Tenancy- occupancy of property by paying rent.
·        Testify- to give evidence under oath.
·        Seizure- taking of property by law.
·        Rebuttal- evidence introduced to disprove opposite parties evidence.
·        Red herring- issue that is used to divert attention from the main issue.
·        Parole- early release of a criminal because of his good behavior.
·        Parens Patriae- power of the state to act as guardians for those who are unable to care for themselves.
·        Next to kin- the closest relative.
·        Naturalization- process by which a foreign citizen becomes Indian.
·        Larceny- means theft.
·        K- used as contract symbol.
·        Kangaroo court- a court that does not function properly.
·        Homicide- killing of human being by the act or omission of another.
·        Gag order- an order by a judge prohibiting parties to a case to discuss about it in public.
·        Death row- a portion in a prison that houses prisoners who are under death sentence.
·        Plaintiff- a person who files the case.
·        Defendant- a person who responds to the case.
·        Alibi- a defense taken that asserts that when the crime took place, the defendant was out of place.
·        Amicus curiae- friend of the court.
·        Annulment- a court procedure that dissolves a marriage and treats as it never took place.
·        Causa mortis- Judicial decisions.
·        Caveat- requesting postponement of a proceeding.
·        Affidavit- written statements confirmed by oath.
·        Magna carta- documents imposing certain restrictions on power of a king.
·        Panchnama- document prepared by police taking statements from five members of the locality where the crime took place.
·        Succession- order in which or the condition under which one person after another succeeds the property. It is of two type’s i.e. testamentary succession where the deceased has left behind a will.
Another type is intestate succession where the deceased has not left behind a will. Testator is the person making the will.  Executor is the person appointed by the testator to execute (implement) the will.
·        Borstal- rehabilitation center for young criminals.
·        Doli capax- capacity to commit the crime.
·        Arbitration and Conciliation act, 1996- to decrease the burden on the courts, the cases of the people are fixed at different levels.
a.   Arbitration- people appoint a third party to solve their case rather referring to court first. The decided decision is binding.
b.   Mediation- their sits a mediator. He has the duty to give suggestions but decision is not binding. 
c.   Conciliation- lawyers are appointed.
·        Right to Information library (RTI) - Pune.


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