Lawnotesbysohini

  Declaration on the elimination of discrimination against women - The Declaration on the elimination of discrimination against women was adopted unanimously by the General Assembly on 7th November, 1967. In the preamble to the declaration it has been laid down that as the discrimination against women has continued to exist even after the charter of the United Nations, the universal Declaration of human Rights, the International covenant on Human Rights and other instruments and the progress made in the matter of equality of rights,it became necessary to make this declaration in order to attain equality of rights of men and women and the elimination of discrimination based on sex. This Delclaration ,on one hand, restates and consolidates a number of principles incorporated in various earlier instruments and sets forth, on the other hand, new principles which did not find mention in the earlier treaties and recommendations.   The Declaration consists of ...

Meaning of Discrimination - Discrimination against women in the present context, means any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or excise by women, irrespective of their marital status, or a basis of equality of men and women, of human rights and fundamental freedom in the political, economic, social, cultural, civil or any other field. Thus, to exclude or restrict a woman, on the basis of her sex excerising her human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field, amounts discrimination against her. On the question of Nationality of married women, it has been laid down under the convention on the Elimination of all forms of Discrimination against women that the states parties shall grant women equal rights with men to acquire, change or retain their nationality. It shall be the duty of the state parties to e...

Q. State the provisions related to duty of Raiyat to furnish return as per section 14T of West Bengal Land Reforms Act 1955.  Ans - The provisions of duty of Raiyat to furnish return as per section 14T are given below— (1) Every raiyat owning land in excess of the ceiling area shall furnish to the Revenue Officer, in such form and within such time as may be prescribed, a return containing the full description of the land which he proposes to retain within the ceiling area applicable to him under section 14M and a full description of the land which is in excess of the ceiling area and such other particulars as may be prescribed. (2) Where there are more raiyats than one in a family, the return referred to in sub-section (1) shall be furnished by the head of the family or any other raiyat in accordance with the provisions of that sub-section. (3) The Revenue Officer may, on receipt of a return submitted under sub-section (1) or sub-section (2), or on his own motion, determ...

  Write a short note on “Right to life and personal liberty” with help of case law.  Ans : The Constitution of India provides Fundamental Rights under Chapter III. Article 21. Protection of Life And Personal Liberty: No person shall be deprived of his life or personal liberty except according to procedure established by law. It clearly means that this fundamental right has been provided against state only. The meaning and scope of ‘life and personal liberty’ can be analyzed in detail in two facets on the basis of the interpretation of the courts. Case law- Prior to Maneka Gandhi’s Case, The words ‘personal liberty’ was first came up for contemplation in the case of A. K. Gopalan v. State of Madras. Facts: The petitioner. A. K. Gopalan, a communist leader was detained under the Preventive Detention Act, 1950. He challenged the validity of this Act on the ground that it was violative of his right to freedom of movement guaranteed in Article 19(1)(d) which is the e...

  NOSCITUR A SOCIIS “A Latin Phrase” Noscitur: to know    --      Sociis: Association “To know from the association” Meaning of a word is to be judged by the company it keeps. Unclear word or phrase should be determined by the words immediately surrounding it. If multiple words having similar meaning are put together, they are to be understood in their collective. Questionable meaning of a doubtful word can be derived from its association with other words. This principle needs a word or phrase or even a whole provision that stands alone has a clear meaning. Where it can be used: When the associated words have similar meaning. When the intention or legislator is not clear. Where it cannot be used : When the words have disjoint meaning. When the intention of the legislator is clear. Case Law: Alamgir V. State of Bihar - The Sc held that though the word “detains” generally means detention against will, this meaning cannot be attributed to the ...

Q. What is the definition of Bargadar ? Ans- Section 2 (2) of the West Bengal Land Reform Act 1955 defines bargadar. Basically Bargadar means a person who cultivates the land of another person, on condition of delivering a share of the produce or Bhag produce of the land to the owner, or on condition of receiving a share of the produce or Bhag produce from the owner of such land but does not include the near relatives of the owner of the land, such as wife or husband or child etc. List of such relations are mentioned in  sections 2(2)(a) to (n) under West Bengal Land Reform Act 1955.   Generally a person who delivers a bhag produce to the owner of the land is known as Adhi, Barga or Bhag and a person who receives a bhag produce from the owner of the land is known as Kisani .  In the case , Tapan Kumar Ghosh Vs State of West Bengal, petitioner's   names were recorded as bargadars in respect of certain portions of land instead of entire plots of land by th...

Q. State the provision related to , Continuation of right of cultivation on bargadar’s death, as per section- 15A of West Bengal land reform Act, 1955?  Ans- The provisions of continuation of right of cultivation on bargadar's death are— (1) Notwithstanding anything contained in any law for the time being in force or in any contract to the contrary, where a bargadar, cultivating any land, dies at a time when cultivation of such land by the bargadar was continuing, the cultivation of such land may be continued by the lawful heir of the bargadar or where there are more than one lawful heir, by such lawful heir of the bargadar as all the lawful heirs of the bargadar may determine within the prescribed period : Provided that where the lawful heirs of the bargadar omit or fail to make a determination as required by this sub-section, the officer or authority appointed under sub-section (1) of section 18 may nominate one of the lawful heirs of the bargadar, who is in position ...

1. Discuss the concept of equality in public employment. Ans- Article 16 is an instance of the application of the general rule with special reference to the opportunity of appointments under the State. It says that there shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. Article 16 in the constitution of India 1949 deals with the equality of opportunity in matters of public employment :   (1) There shall be equality of opportunity for all citizens in matters relating to employment or  appointment to any office under the State.   (2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect or, any employment or office under the State.  (3) Nothing in this article shall prevent Parliament from making any law prescribing, in regard to a class or classes of employment ...

  What are the different kinds of punishment under IPC with examples - The five different kinds of punishments awarded by the Indian Penal Code, 1860 have been enumerated under Section 53, and those are: Death Life imprisonment Simple and rigorous imprisonment Fine Forfeiture of property Example of Death Sentence and Life Imprisonment : Dacoity with murder. Example of rigorous imprisonment: House-trespass in order to commit offence punishable with death.  Example of Simple Imprisonment: Defamation.  Example of fine: Minor driving offences or theft. Example of Forfeiture of property: Committing depredation on territories of Power at peace with the Government of India. The penal code in sections 53 to 75 has provided for a graded system of punishment to suit the different categories of offences for which the offenders are accountable under it. The criminal law adheres in general to principle of proportionality in prescribing liability according to the culpability of each ki...

The right to private defence of property extends for which offence under section 103 of IPC.  The provision right to private defence of property extends under section 103 Of IPC are given below-  When the right of private defence of property extends to causing death.—The right of private defence of property extends, under the restrictions mentioned in section 99, to the voluntary causing of death or of any other harm to the wrong-doer, if the offence, the committing of which, or the attempting to commit which, occasions the exercise of the right, be an offence of any of the descriptions hereinafter enumerated, namely—                  (a) Robbery.                  (b) House-breaking by night;                  (c) Mischief by fire committed on any building, tent or vessel, which building, tent        ...

What are the rights of raiyat in respect of land under West Bengal Land Reforms Act 1955? Section 4 of the West Bengal Land Reforms Act 1955 ,  stated that the provision of rights of Raiyat in respect of land.  Section 4 mentions the extent of the rights of Raiyats along with the limitations in respect of their land. Sub-section ( 1 ) declares the Raiyat as an absolute owner of his plot of land and also makes the right heritable and transferable. But a person or an institution shall not be regarded as a Raiyat for the purpose of this section if such person or institution holds any plot of land - i ) under any permit, lease or license granted under the provisions of this section ,or  ii) as a ' thika ' tenant defined in section 2 (14) of the West Bengal Thika Tenancy (Acquisition and Regulation ) Act 2001, or iii) under ' sariati 'interests or by retaining such plot of land under section 6 (1)(g) , read with section 6 (3) of the West Bengal Estates Acquisitio...

'' Land'' is a very important issue in different connotations. It is rightly stated by the Supreme Court in Shri Ram Narayan vs State of Bombay, AIR 1953 SC 459 - ''Land'' , that is to say rights in or over land, land tenures including the relation of landlord and tenant, the collection of rents; transfer and alienation of agriculture lands ; land improvement and agriculture loans; colonization''. In the other words, '' Land '' is an immovable and indestructible three dimensional area consisting of a portion of the earth's surface, the space above and below the surface, and everything growing on or permanently affixed in it. Not only the concept of land, its use is also multidimensional, because land is used for agricultural  purpose as well as non agricultural purposes, to construct building, highway, etc.  Raiyat -   Section 2 (10) of the west Bengal Land Reform Act 1955 defines Raiyat. ' Raiyat ' means ...

  How long is a person '' on probation '' ? The amount of time you are on probation depends on the offence and laws of your state. Typically, probation lasts anywhere from one to three years, but can last longer and even up to life depending on the type of conviction, such as drug or sexual offences. What are some examples of the terms and conditions of probation?   A person who is placed on probation is usually required to report to a probation officer and follow a variety of conditions during the probation period.  Specific conditions may include:  Regularly meeting with your probation officer at set times.  Appearing at any schedule court appearances. Paying fines or restitutions               ( Monies to victims). Avoiding certain people and places . Not travelling out of state without the permission of your probation officer . Obeying all laws, including minor laws such as jaywalking.  Refraining from illegal drug use...

Meaning of Probation - Probation is the suspension of a jail sentence that allows a person convicted of a crime the chance to remain in the community, instead of going to jail. Probation requires that you follow certain court ordered rules and conditions under the supervision of a probation officer. Typical conditions may include performing community service, meeting with your probation officer, refraining from using illegal drugs or excerise alcohol, avoiding certain people and places ,and appearing in court during requested time. Classification and types of probation : Probation can be classified into two types formal and informal. A formal one involves a probation officer's tight monitoring, whereas an informal one involves reporting to a court for court fees or other expenses. When a person is accused of a violent crime, formal probation is usually granted, while informal probation is usually granted when the offense is less serious. Apart from that, there are num...