Saturday, 27 May 2017

What is the meaning of Class of persons

Answer :

       A class of persons means a body of persons. In order to constitute a class or a body of persons there must be a principle of classification and even two persons will be sufficient to form a class, if those who two person according to the principles of classification adopted, form group distinct from any other group. The expression any class of persons includes religious sects howsoever small in numbers.

Sunday, 9 April 2017

Saturday, 8 April 2017

kinds of Estoppel

Answer 

The term Estoppel is derived from French word 'estoup' which means "shut the mouth". A person is not allowed/ permitted to speak contrary to his earlier statement. The object of this doctrine is to prevent commission of fraud against another. 

There are three kinds of Estoppel which are as follows :

1) Estoppel by Record

2) Estoppel by deed

3) Estoppel by Conduct.

Friday, 7 April 2017

What is judgement and kinds of judgement

    Judgement means a decision made by a Court in respect of the matter before it. There are two kinds of judgements

1) Judgement in rem and

2) Judgement in personam.


Judgement in rem :

              Judgement in rem is adjudication pronounced upon the status of a person or a thing by a Competent Court to the world generally


Judgement in personam :

             Judgement in personam are all the ordinary judgements not affecting the status of any subject matter, any person or thing.

Evidence as to affairs of State

                    According to Section 123 of the Indian Evidence Act, no one shall be permitted to give Evidence from unpublished official records relates to State affairs.

Section 123 read as follows :

              No one shall be permitted to give any evidence derived from unpublished official records relating to any affairs of State, except wit the permission of the officer at the head of the department concerned, who shall give or withhold such permission as he thinks fit.

Meaning and Definition of "Proved" under the Indian Evidence Act 1872.

Proved — 

           According to section 3 of Indian Evidence Act,  A fact is said to be proved when, after considering the matters before it, the Court either believes it to exist, or considers its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists.

If courts believes it to exist, means it is proved beyond reasonable doubt..

Criminal Proceeding :

               In criminal proceeding, the extent of proving is beyond reasonable doubt, the guilt of the accused to be proved beyond reasonable doubt.

In Civil Proceeding :
  
              Proving beyond reasonable doubt is not necessary, it is balancing of probabilities and possibilities. 

Thursday, 6 April 2017

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