Criminology_Theories of Punishment OR Schools of Punishment

Theories of Punishment OR Schools of Punishment

1. According to Jeremy Bentham the main ends of Punishment are Prevention and Compensation.
2. Following are the different types of Theory or Schools of Punishment
• Deterrent Theory
• Preventive Theory
• Reformative Theory
• Compensatory Theory
• Retributive Theory
• Expiation Theory
• Denunciatory Theory
3. Deterrent Theory of Punishment
• Deter means abstain from the action or discourage.
• According to this Theory, offenses are the result of a conflict of interest between that the wrongdoer and the society.
• This theory aims to deter the offenders from committing a crime by awarding them severe punishment.
• The object of this theory is also to set an example for other prospective criminals. 
• This type of punishment acts as a warning bell to others.
4. Preventive Theory of Punishment
• The object of this theory is to prevent the repetition of the crime by awarding punishment.
• This theory is also called as "Theory of Disablement".
• The Preventive Theory aims at physical restraint.
• Preventive Punishment can be inflicted in several ways. For instance – death imprisonment, etc.
• This Theory disables the criminal from committing the crime.
5. Reformative Theory of Punishment
• This Theory aims to educate or reform the offenders.
• This Theory treats the Crime as a Disease and the Criminal as a Patient and the Punishment is like Medicine.
• Philosophers believe in this theory since more stress is given to the criminal rather than the crime he has committed.
• The Reformative Theory of Punishment is particularly enforced in the case of young offenders.
6. Compensatory Theory of Punishment
• This Theory aims to compensate the victim of the crime, his / her family, or dependents.
• According to This theory, a greed is the mainspring of criminality and because of this wrongs are committed. It acts on the motive of the wrongdoer.
• Compensation should be concomitant with the punishment.
• Compensation is the main factor in dealing with such types of crime.
7. Retributive Theory of Punishment
• Retribution means the wrongdoer pays for his wrongdoing.
• This theory of punishment is based on the fulfillment of moral justice.
• This is also known as the Theory of Revenge or the Theory of Private Vengeance.
8. Expiation Theory of Punishment
• Hogal and Kohler have put this Theory of Punishment.
• In this Theory, the offender is not physically punished. The offender is economically punished.
• Expiation means awarding compensation to the victim or his family or dependents, from the wrongdoer.
• Generally, this Theory is adopted in offenses of light nature.
9. Denunciatory Theory of Punishment
• The meaning of the term denunciation means a public condemnation of someone or something.
• According to this Theory, punishment should be an expression of societal condemnation.
• This Theory is a combination of utilitarianism and retribution.
• It is utilitarian since it serves as a deterrent.
• Many philosophers believe in this Theory.

Indian Partnership Act_Dissolution of Partnership Firm

Dissolution of Partnership Firm

1. According to Section 39 of the Indian Partnership Act, 1932 the dissolution of partnership between all partners of a firm, is called Dissolution of the Firm.
2. It is a complete breakdown of the relation of partnership between all the partners.
3. The modes of Dissolution of the Firm are as under -
• Dissolution of the Firm Without the Order of the Court
• Dissolution of the Firm With the Order of the Court
4. A firm may be dissolved without the Order of the Court in the following ways - 
• Dissolution by Agreement (S. 40)
• Compulsory Dissolution (S. 41)
• By insolvency of partners.
• By happening of any event which makes the business of the firm illegal/unlawful
• .Dissolution on the happening of certain contingency (S. 42)
• On the expiry of the term of Partnership Firm
• On completion of the undertakings
• On the death of Partner
• Adjudication of Partner as Insolvent
• Dissolution by Notice of Partnership at Will (S. 43)
5. A firm may be dissolved by the Order of the Court in the following circumstances. Section 44 of the Indian Partnership Act, 1932 deal with the same.
• Unsound Mind [S. 44 (a)]
• Permanent incapacity [S. 44(b)]
• Misconduct [S. 44 (c)]
• Persistent Commission of a Breach of Agreement [S. 44 (d)]
• Transfer of Interest [S. 44 (e)]
• Business at Loss [S. 44 (f)]
• Any other Ground [S. 44 (g)]

Administrative Law_Judicial Activism

Judicial Activism

1. The term judicial activism has been defined in the Black's Law Dictionary.
2. According to it is a philosophy of judicial decision making wherein judges allow their personal views about public policy, among other factors, to guide their decisions.
3. Judicial Activism means the Supreme Court, High Courts, and other Lower Courts become activists and direct / compel the Authority to act and also direct the Government Authorities about its administration.
4. Justice is delivered to the aggrieved and disadvantaged people by using this mechanism.
5. In Judicial Activism, the Court intervenes in the working of Executive and Legislative.
6. It occurs because of non-cooperation from the other organs of the Government.
7. The role of the Supreme Court as the final interpreter is increasingly reflected in various judgments.
8. The Supreme Court has made creative interpretations which led to the creation of new rights.
9. For Example – Interpretation of Article 21 - The Supreme Court has widely elaborated the said Article and included the right to a healthy and pollution-free environment in the said Article.
10. Public Interest Litigation is a result of judicial activism and it is a mechanism to agitate public issues before the Courts.

Administrative Law_ Rule of Law

Rule of Law

1. The Doctrine of Rule of Law is the basis of the Administrative Law.
2. It is one of the most fundamental aspects of modern Legal Systems.
3. Sir Edward Coke is said to be the Founder of the concept of Rule of Law and the theory of Rule of Law was developed by Prof. A.V.Dicey
4. According to Prof. Dicey, the rule of law signifies three different but interrelated concepts namely -
• The Supremacy of the Law
• Equality before the Law
• The predominance of Legal Spirit
5. The Supremacy of the Law
• According to Dicey, “the Supremacy of the Law” is the first principle of the Rule of Law.
• It means no man is punished except for a breach of law.
6. Equality before the Law
• According to Dicey, “Equality before the Law” is the second principle of the Rule of Law.
• It means no one is above the law. 
• All are equal before the law.
7. The predominance of Legal Spirit
• “Predominance of Legal Spirit” is the third principle of the Rule of Law, as stated by Dicey.
• According to Dicey, the law court should be the guarantor and protectors of the liberty of the citizens.
8. The Doctrine of Rule of Law is accepted in the Constitution of India. It enunciates the triple concepts of justice, liberty, and equality.

Transfer of Property Act_Vested Interest and Contingent Interest

Vested Interest and Contingent Interest

1. The Transfer of Property Act, 1882 deals with the following two categories of interests - [a] Vested Interest, and [b] Contingent Interest
2. Section 19 of the Transfer of Property Act, 1882 deals with a Vested Interest.
3. Vested Interest is not depend upon the fulfilment of a condition.
4. It creates present and immediate right through enjoyment.
5. It may be postponed to a future date.
6. A vested interest is not come to an end by the death of the transferee before obtaining possession. It will pass on to his/her heirs.
7. In short, vested interest is transferable and heritable.
8. For Example - ‘M’ gift to ‘P’ on the death of D creates a vested interest in M even during D's lifetime for the condition is bound to happen. But a gift to M on the marriage of D creates only a contingent interest because D may never marry, but that contingent interest becomes vested if and when D gets married.
9. Section 21 of the Transfer of Property Act, 1882 deals with a Contingent Interest.
10. Contingent Interest refers to a future interest which is an uncertain and it largely depends upon the happening of an event.
11. In this type of interest, an interest can only arise on the occurrence of a specified event.
12. In a contingent interest, the person who will enjoy the property or the occurrence of the event may be unknown and uncertain
13. When the interest is contingent, the transfer depends upon a condition precedent.
14. When the condition is fulfilled the transfer takes effect and that the interest becomes vested.