“Possession” literary means physical control over a thing or an object. It expresses the closest relation of fact that can exist between a thing and the person, who possess it. In law, possession means it includes not only physical control over a thing but also an intention to exercise that Read more
A bench of Justices BR Gavai, Vikram Nath and Sanjay Karol of the Supreme Court set aside the death sentence of a rape and murder who was found to be a juvenile at the time of the crime, however, the bench upheld the conviction. The bench was hearing the death-row Read more
LEGAL PERSONALITY/ PERSON Meaning of Person The term Person is derived from the Latin word ‘Persona’ it means those who are recognised by law as being capable of having legal rights and duties. Definition : According to Section 11 of the Indian Penal code the word person includes any company or association, or Read more
LEGAL RIGHTS AND DUTIES Meaning of Right According to Salmond: A legal right is an “interest which is protected and recognized by the rule of law. It is an interest which has its duty and disregard of which is wrong”. According to Gray: A legal right is “that power which Read more
SOCIOLOGICAL SCHOOL OF JURISPRUDENCE The main exponents of sociological jurisprudence are: Montesquieu, Auguste Compte, Albert Spencer, Ihering, Ehrlich, Duguit, Roscoe Pound etc. The French thinker Auguste Compte is regarded as founding the father of the sociological school of law. August Comte (1798-1857) was a French Philosopher. The term “Sociology” was Read more
HISTORICAL SCHOOL OF JURISPRUDENCE It may be defined as history of fundamental principles of a legal system. Historical school of Jurisprudence argued that the law is the exaggerative form of social custom, economic needs, conventions religious principles, and relations of the people with society. The historical school follows the concept Read more
ANALYTICAL POSITIVISM OR ANALYTICAL SCHOOL OF JURISPRUDENCE Analytical positivism (also known as the Analytical or Imperative school of law) is the most important school of thought in jurisprudence. The analytical school of jurisprudence is one of the most renowned contributions of Austin. It, therefore, explains law with reference to nature, Read more
Sources of law in jurisprudence According to John Chipman Grey, who was a Harvard Law School professor, “the Law of the State or of any organised body of men is composed of the rules which the courts, that is the judicial organ of the body, lays down for the determination Read more
JUDICIAL RESTRAINT A concept under which the judges power is limited to strike down a law as the proponents of judicial restraint have mostly stated that the Supreme Court has taken the position of the Legislature through its activism. It has also been argued that the Supreme Court has obviously Read more
JUDICIAL REVIEW Legislatures, one of the organs of the government, is vested with the power to make laws, which is, however, not absolute in nature. Because it does not become absolute that no one can challenge any arbitrary law, a concept known as judicial review came into existence which is Read more