Common intention: Section 34 of the IPC, When a criminal act is done by several persons in furtherance of the common intention of all, each of such person is liable for that act in the same manner as if were done by him alone. Explanation: Under Section 34 of the IPC, the common intention is present which…
View details[Continued from Part I.] APPROACHES TO ARGUMENTATION IN LAW: Argumentation plays an important role in law. Someone who presents a legal standpoint and wishes this standpoint to be accepted by others will have to present justifiable arguments. A lawyer who brings a case to court must justify his or her case with arguments. The judge…
View detailsINTRODUCTION– The right to life is a very broad concept and is the most fundamental of all. In India, right tolife has been recognized under Article 21 of the Constitution which says that “No personshall be deprived of his life and personal liberty except according to procedure established bylaw”. Person here includes both man and…
View detailsCommunication is a very essential aspect for developing any kind of relationships, professional or personal. When in comes into the preview of law it is considered necessary that some communications be safeguarded to protect the privacy of the parties. Such communications come under the professional communication and have the benefit of professional privilege. This privilege…
View detailsAbout Vinisha After my last internship I realized I am very eager to learn more about IPR and Media and Entertainment laws and I am exploring my passion for the same. Additionally, I have done a diploma in Cyber Law from the Asian School of Cyber Laws which helped me gain an insight into different cyber…
View detailsMalicious prosecution consists in instituting unsuccessful criminal proceedings maliciously and reasonable and probable cause. When malicious prosecution through criminal proceedings causes actual damage to the party prosecuted, it is a tort for which he can bring an action. Malicious prosecution is a common law intentional tort, while like the tort of abuse of process, its…
View detailsUSING LEGAL ARGUMENTATION IN LEGAL REASONING: In a legal context, the argumentation put forward as a justification of a legal decision may consist of different levels, depending on the forms of critique the judge must react to. On the first level, the justification implies that the decision is defended by showing that the facts can…
View detailsINTRODUCTION: The study of legal argumentation draws its data, assumptions and methods from disciplines such as legal theory, legal philosophy, logic, argumentation theory, rhetoric, linguistics, literary theory, philosophy, sociology, and artificial intelligence. One of the main incentives for the growing interest in legal argumentation has to do with changing views on the tasks of the…
View detailsA private individual, a police officer or any public authority can falsely imprison a person as well. For imprisonment it is not necessary that the person should be put behind bars, but he should be confined in such an area from where there are no possible ways of escape except the will of the person…
View detailsIn Zee Telefilms v UOI, the SC held that BCCI is not a State under the aegis of A.12, for it is an autonomous body and the control exercised by the government over BCCI was merely regulatory in nature and not pervasive. The court relied on the guidelines devised in PK Biswas and concluded that:…
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