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Showing posts with the label Indian Penal Code

like any juristic person, a company is a legal entity, apart from it's members? Capable of rights and duties of its own. Elucidate this statement.

  Certainly, the concept of a company as a juristic person, also known as a legal person or legal entity, is a fundamental principle in corporate law. It means that a company is treated as a distinct entity separate from its individual members (shareholders or owners). This principle has several key implications: 1. Separate Legal Existence: A company, once incorporated, is recognized as having its own separate legal existence. It can enter into contracts, own property, sue and be sued, and engage in various legal activities in its own name. This is distinct from the individuals who own or manage the company. 2. Limited Liability: One of the primary advantages of forming a company, especially a corporation, is the concept of limited liability. Shareholders are generally not personally liable for the company's debts and legal obligations. The company itself is responsible for its own debts, which helps protect the personal assets of its members. 3. Rights and Duties: Just like...

difference between Culpable homicide and Murder in IPC.

 Homicide is basically means killing of a man by another human being .Unlawful Homicide means king of a man by another human being which is law is not permit and it is punishable. when law permit to killing of a man by another man called justifiable or excusable.  Punishable homicide is called culpable homicide. When does homicide become culpable homicide section 299 is the only section which is deal with intention and knowledge separably. normally we say that act is voluntary section 39; if it's done with intention and knowledge and reason to believe.    first of all we discuss about intention and knowledge. what is intention and what is the meaning of knowledge.  knowledge means Forcibility of consequences of my act  Intention means forcibility of consequences + Desire.  we divided intention into 3 part Black intention means intense desire to kill and cover culpable homicide 1st degree. an act with the intention of causing death Dark Gray Intention m...

What is means of consent in IPC? Explain maxim Volunti non fit Injuria.

Consent related offence Section 87-93 Volunti Non fit injuria means if harm is cause with my consent than i can't complaint about it.   87. Act not intended and not known to be likely to cause death or grievous hurt, done by consent.—Nothing which is not intended to cause death, or grievous hurt, and which is not known by the doer to be likely to cause death or grievous hurt, is an offence by reason of any harm which it may cause, or be intended by the doer to cause, to any person, above eighteen years of age, who has given consent, whether express or implied, to suffer that harm; or by reason of any harm which it may be known by the doer to be likely to cause to any such person who has consented to take the risk of that harm Maxim vloenti non fit injuria means who consent to an act has no right to claim damages for injury cause to him by that act.  88. Act not intended to cause death, done by consent in good faith for person's benefit.— Nothing, which is not intented to ...