Millat Welfare Society

14/11/2019

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23/05/2019

Criminal trial proceeding steps

1-FIR 154 or Direct complaint 200
2-Investigation 156 or inquiry 202.
3-Record of statement and confession 161,164
(4)Physical Or police remand 167,,,,344…)
(5)Challan submission of 173,under following modes;
Section 169-Release of accused when evidence deficient
Section 170-Case to be sent to magistrate when evidence are sufficient Section 512-Record of evidence in absence of accused

(6) Quashing of FIR … 561 A )
(7)Taking cognizance 190…
(8)Issue of process 204,204,,
(9)Bailable offence 496 Non-bailable 497..
(10)The framing of charge 221 to 240..
(11)Speedy acquittal 249 A,,265K,,,561A…
After hearing the prosecutor and accused counsel and reasons be recorded..)
(12)Pleading guilty….. 243,,,,, 265E…
Beginning of prosecution evidence …
(1)Examination of accused 342……
Beginning of defense evidence..340
Summoning up evidence….
Judgment …
(2)acquittal 245/ 265H….
or conviction 245(2), 265H(2)
Appeal
(1)Appeal to court of session against sentenced passed by the assistant session judge or judicial magistratev Section 408
(2)Appeal to to high court against sentenced passed by session or additional session judge Section 410....

13/05/2019

04/03/2019

Latest and Important mcqs expected for upcoming exams. ☺☺☺

1. Pulwama incident happened on?( 14 Feb?
2. No of Indian army killed on that incident? (44)
3. Indian army did strike on Balakot ? (26 feb)
3. Which Indian jet had taken part in that strike? MIG- 21)
4. Pakistan retaliated on ?( 27 feb)
5. Which Pakistani pilot shot down Indian jet? (Hassan Sadiqii)
6. Indian wind commander captured from which place?
7. Name of Indian pilot captured?( Abhinandan Varthaman)
8. When Indian wing commander released?(1 March)
9. OIc annual meeting held on?( 1 march)
10. Which oic member boycott this meeting?(Pakistan)
11.Abhinandan was flying which jet??(MIG 21)
12. Abhinandan belong to which place in india?? (tambaram)
13.rank of abhinandan ?? (wing commander )
14.Abhinandan service number (27981)

03/03/2019

Novation of contract

What is Novation of contract?

A contract can be discharged by the parties either by entering into a new contract in substitution of the old contract or by acceptance of performance of modified obligations in lieu of obligations stipulated in the contract. The term novation implies that there being a contract in existence some new contract has been substituted for it between the same parties or between different parties; the consideration mutually being the discharge of the old contract. Substitution of a new contract is the core of novation.

The principle of ‘Novation’ of contract is defined under Section 62 of the Contract Act, 1872, which provides as under:

“If the parties to a contract agree to substitute a new contract for it, or to rescind or alter it, the original contract need not be performed.”

‘Novation’ is defined in Black’s Law Dictionary as:

“A type of substituted contract that has the effect of adding a party, obligor or obligee, who was not a party to the original duty. Substitution of a new contract, debt or obligation for an existing one, between the same or different parties.”

Ordinarily, under the English law novation is brought about by the introduction of new parties, or alteration between the same parties by the introduction of new terms. It is not consistent with the original debtor remaining liable in any form on the terms of the old contract. The right against the original debtor on such contract must be extinguished and there must be a substitution of another contract for the original contract.

Once novation is complete, parties are bound by the new contract and not the earlier contract. Breach of the subsequent contract will not revive the original contract.

Essential features of novation

One of the essential requirements of ‘Novation’ as contemplated by Section 62 of the Contract Act is that there should be a complete substitution of a new contract in place of the old. It is in that situation that the original contract need not be performed. Substitution of a new contract in place of the old contract which would have the effect of rescinding or completely altering the terms of the original contract has to be by agreement between the parties. A substituted contract should rescind or alter or extinguish the previous contract. But if the terms of the two contracts are inconsistent and they cannot stand together, the subsequent contract cannot be said to be in novation of the earlier contract.

A novation requires in every case that the new contracting party has consented to assume liability for the contract and also that the person on whom the correlative right resides has agreed to accept the new party’s liability in substitution of the original liability. A contract by novation requires it as an essential element that the rights against the original contractor shall be relinquished and the liability of the new contracting party accepted in their place.

If any novation is required to be done in a contract, it has to be done in the same manner as had been done for entering into a valid and concluded contract. The substituted contract, therefore, must be a valid and enforceable contract to be effective after novation. In order that the promisor may become liable to a third party, it would require the consent of the promisor, the promisee and the third party so that the original contract would be discharged and a new contract between the third party and the promisor would come into existence.

The pre-requisites of a novation are a previous valid obligation, an agreement of all the parties to a new contract, the extinguishment of the old obligations, and the validity of a new one. The basic principle behind the concept of novation is the substitution of a contract by a new one only through the consent of the parties to the same. Such consent may be expressed as in written agreements or implied through their action or conduct.

26/02/2019

What are the essential requisites of a valid acknowledgment? (The Limitation Act, 1908)
1. Acknowledgment must be made before the expiration of the period of limitation:

In other words the acknowledgment must be made after the period of limitation has begun to run and while it is actually running. The expression “period prescribed” does not refer exclusively to the period prescribed by the first schedule to the Limitation Act.
2. Acknowledgment of liability must be in writing:Hence an oral acknowledgment is not sufficient. Similarly, a mere payment of a sum of money towards the debt is not sufficient under the section although such payment may be intended as an acknowledgment of the debt.

3. Acknowledgment must be signed by the person making the acknowledgment or by his agent duly authorised in this behalf:

An acknowledgment not so signed will not be sufficient for the purpose of this section. Thus, a telegram cannot constitute a sufficient acknowledgment under this section as telegrams are not signed by the parties sending them.

Signature of an agent acknowledging the debt will not do unless the agent is duly authorized to make such an acknowledgment. A general authority is of no avail. A special authority to acknowledge such debt is necessary.

4. Acknowledgment must be made by the party against whom any property or right is claimed, or by some person through home he derives title or liability:

It is sufficient under section 18, if the acknowledgment has been made by a person against whom the right is claimed in the suit. It is not necessary that at the time when the acknowledgment is made, such person must have an interest in the property in respect of which the acknowledgment is given. An auction purchase derives his title from the judgment debtor. Hence, if the judgment-debtor makes an acknowledgment of liability in respect of a mortgage on property, the acknowledgment will be binding on the auction purchaser.

5. Acknowledgment must be in respect of particular property or right claimed in the suit or application:

An acknowledgment of liability under this section must be in respect of the particular property or right claimed in the suit. In other words, unless it is shown that the right, acknowledged is identical with the right claimed in the suit, the section will not apply.

Thus, where the defendant owes several debts to the plaintiff and acknowledges his liability in respect of a debt and as it is not possible to identify the debt acknowledged with the claimed in the suit, the acknowledgment will be ineffective under the section.

An acknowledgment of a barred debt cannot give a fresh period of limitation in favor of a creditor because one of the essential conditions of a valid acknowledgment is that the acknowledgment must be made before the expiration of the period of limitation.

24/02/2019

of the Subjects

Father of Biology: Aristotle
Father of Physics: Albert Einstein
Father of Chemistry: Jabir Bin Hayan
Father of Statistics: Ronald Fisher
Father of Zoology: Aristotle
Father of History: Herodotus
Father of Microbiology: Louis Pasteur
Father of Botany: Theophrastus
Father of Algebra: Diophantus
Father of Blood groups: Landsteiner
Father of Electricity: Benjamin Franklin
Father of Trigonometry: Hipparchus
Father of Geometry: Euclid
Father of Modern Chemistry: Antoine Lavoisier
Father of Robotics: Nikola Tesla
Father of Electronics: Ray Tomlinson
Father of Internet: Vinton Cerf
Father of Economics: Adam Smith
Father of Video game: Thomas T. Goldsmith, Jr.
Father of Architecture: Imhotep
Father of Genetics: Gregor Johann Mendel
Father of Nanotechnology: Richard Smalley
Father of Robotics:;Al-Jazari
Father of C language: Dennis Ritchie
Father of World Wide Web: Tim Berners-Lee
Father of Search engine: Alan Emtage
Father of Periodic table: Dmitri Mendeleev
Father of Taxonomy: Carolus Linnaeus
Father of Surgery (early): Sushruta
Father of Mathematics: Archimedes
Father of Political Science: Aritstotal
Father of Medicine: Hippocrates
Father of Homeopathy: Samuel Hahnemann
Father of Law: Cicero
Father of the American Constitution: James
Madison