DEFINITION OF JURISPRUDENCE

       DEFINITION OF JURISPRUDENCE 

Introduction 

The word "Jurisprudence" is derived from the Latin word 'Jurisprudentia' which denotes the science of law or knowledge of law. In Latin, 'Juris' means 'law' and 'prudentia' means skill or knowledge. 

Over the years, it has come to mean the study of law as a whole, the philosophy of law, or legal theory. 

Definition of the term 'Jurisprudence'

John Austin 

John Austin defined Jurisprudence as the "philosophy of positive law". According to him, the "Positive Law" is the law laid down by a political superior for controlling the conduct of those subject to his authority. 

Holland 

Holland has defined Jurisprudence as the "Formal Science of Positive Law". A formal science is one which deals not with concrete details but with the fundamental principle underlying them. According to him, the 'positive law' are those general rules of external human action which are enforced by a sovereign or general conceptions pervading in a general rules enforced by sovereign authority. 

Roscoe Pound  

Pound defines Jurisprudence as "the science of Law". He uses the word 'law' in the juridical sense, as denothing the body or principles recognized and enforced of the rules followed by the Courts and the principles involved in those rules. 

Chipam Gray 

Gray defines Jurisprudence as the 'the science of law, the statement and systematic arrangement of the rules followed by the Courts and the principles involved in those rules. 

Prof. C.K. Allen

Prof. C.K Allen defines jurisprudence as 'the scientific synthesis of all the essential principles of law'.

Important Laws: Every Indian Should Know About*

*Important Laws: Every Indian Should Know About*

1.  Any Person Can ask for Water From Any Hotel:

Under the Indian Sarais Act of 1867, any person can ask for water, free of charge might I add, from any hotel at any time for them and their pets. The individual can also use the washroom for free and no one should stop them.

2.  A woman can file an FIR at any police station Irrespective of The Place of Crime:

In 2013, Delhi Police announced that a woman can file an FIR at any police station regardless of the jurisdiction, and the police has to accept it exactly as she describes. It also says that investigation needs to be taken as per the statement of the woman.

3.  police officer who refuses to lodge a complaint will be Eligible for 6-24 Month Jail:

In 2007 a Supreme Court ruling suggested that any police officer who refuses to lodge a complaint will be suspended and even face jail term for 6 Month to 2 Years.

4.  Police Officers to Wear Visible and Legible Identification:

It is Mandatory for Police Officers to Wear Visible and Legible Identification While Questioning & Arresting Someone.

5.  A Married Man Who Commits Adultery With Unmarried Women Cannot be Charged:

Under Section 498 of Indian Adultery Penal Code a married man who commits adultery with an unmarried woman or widow upon the latter’s consent, can’t be charged for the offence.

6.  In Case of Rape a Women is Entitled to Receive Free Legal Aid:

According to Article 38(1) and Article 21 of IPC, every woman is entitled to receive free legal aid in order to promote their welfare. A woman is often held wrong or humiliated when she goes to the police station to file a complaint, which is why she should always be accompanied by a lawyer.

7.  Only women police constable can arrest to women:

According to Code of Criminal Procedure, 1973 Male constable doesn’t have the right to arrest women. Women have the right to deny going to police stations after the 6 P.M. and before the 6 A.M. In the case of a serious crime only after receipt of the written order from the magistrate a male policeman can arrest a woman.

8.  Kissing or Hugging in Public is Not a Criminal Offence:

Section 294 of Indian Penal Code says Kissing & Hugging in public Place is a criminal offence, but nothing specifically talks about kissing or hugging in public.

9.  Son &  Daughter have Equal Right  in Inheritance:

Hindu Succession (Amendment) Act, 2005 allows both males and females to equal inheritance of their father’s property.

10.  Pregnant Employees Cannot be Fired from Their Jobs:

Maternity Benefit Act 1961 states that no woman can be sacked from her employment regardless of any reason.

11.  A Women Cannot be Called into Court for Questioning:

A Women Cannot be Called into Court for Questioning Instead She Can be Interrogated at Home Itself.  Section 160 of the Criminal Procedure Code states that women can be questioned in the presence of women constables at their home itself.

12.  A Rape Survivor can Approach a Doctor Without Filing FIR:

According to Indian Code of Criminal Procedure, a doctor has to attend a rape victim if she approaches herself for a medical examination.

13.  Only women officers can search and arrest women:

The Criminal Code of Procedure, Section 51 states that only women officers can search and arrest women who have offended, under strict decency and privacy between 6 am and 6 pm.

14.  A Single Man Cannot Adopt a Girl Child:

In 2011, the Ministry of Women and Child Development ruled out against single man adopting a girl child in order to keep adoption clean and safer.

15.  Married Couples Cannot Adopt two Children of the Same Sex:

According to Hindu Adoption and Maintenance Act of 1956, married couples can’t adopt two children of same sex.

16.  A couple Cannot File for Divorce Without Completing at least a year of marriage:

Under Section 14 of the Hindu Marriage Act 1955, a couple cannot register a petition for divorce within a year of marriage. However, if the High Court feels that the petitioner is experiencing immense problems then the former can permit the latter to file for divorce.

17.  A Women Cannot be Charged with Committing Adultery:

In 2011, the Supreme Court ruled that according to Section 497 of the IPC, a woman cannot be proceeded for her involvement in an adulterous relationship. In fact, the section says that she can’t even be charged for being an instigator of the adultery.

18.  Shop keeper can’t charge more than the printed price:

According to Maximum Retail Price Act, 2014, Any Shop keeper can’t charge more than the printed price of any commodity but a consumer has the right to bargain for less than the printed price of a commodity.

19.  Gas cylinder blasts during the cooking then the gas agency is liable to pay Rs. 50 lakh:

As per the Citizen Charter (Indian Oil Corporation website) There are very few people who know that if their gas cylinder blasts during the cooking of food then the gas agency is liable to pay Rs. 50 lakh to the victim as a compensation. To claim this compensation consumer need to logde an FIR to the nearest police station and submit it to the concerned gas agency.

20.   Tax collection officer has the power to arrest you:

As per Income Tax Act, 1961, In the case of tax violations, the tax collection officer has the power to arrest you but before arresting you, he/she will have to send a notice to you. Only Tax Commissioner decides that how long you will stay in the custody.

21.  Traffic police officer snatches the key from the car or motorcycle, it is illegal:

As per the Section 129 of the Indian Motor Vehicle Act, wearing the helmet is must for two wheeler riders. Section 128 of this Motor Vehicle Act limits maximum two riders on the bikes. This law also says that if the traffic police officer snatches the key from the car or motorcycle, it is illegal. You have the full right to launch a Legal proceeding against the officer.

300 LEGAL Words are most helpful for Legal drafting

*300 LEGAL Words are most helpful for Legal drafting.*

Expedient – To Prioritize , to rush
Cavil – Argument by which a conclusion evidently false , is drawn from a     principle evidently true.
Elusive – Difficult to find , catch or achieve.
Scuffle – a short , confused fight or struggle at close quarters.
Credential – a qualification, achievement , quality, or aspect of a person ‘s background , especially when used to indicate their suitability for something.
Oblivious – Aware.
Accustomed – Customary ; usual.
Treacherous – Guilty of or involving betrayal.
Erudite – learned.
Accentuating – More noticeable.
Crescendo – Progressive increase in intensity.
Tedious –Too long , slow or dull.
Dreadful – involving great suffering.
Enigma – Mysterious or difficult to understand.
Sceptical – Doubtful.
Sardonic – grimly mocking or cynical.
Habeas corpus – a prerogative writ to a person who detains another in custody and which commands him to produce or ‘ have the body of that person before him ‘
Mesne – middle, intervening or tame by nature.
Per se – by itself
Nocumentum – an annoying , unpleasant or obnoxious thing or ptactice.
  Non obstante – notwithstanding
 
Prima facie – on the face of it.
Aequitas – Equity i.e fair or just according to natural law.
Bona fide – in good faith.
Certiorari – a writ of a superior court calling forth the records and entire proceedings of an inferior court or a writ by which causes are removed from an inferior court into a superior court.
Obiter dictum – an incidental and collateral opinion uttered by a judge while delivering a judgement and which is not binding.
Pari material – on the same material.
Pendente lite – during the process of litigation.
Supra – above.
Status quo – the state in which the things are , or were.
Volkogeist – general awareness of the people.
Res judicata – a case or suit already decided.
RE – in the matter of.
Ratio Legis – according to spirit of law
Scienter – knowledge ; an allegation in a pleading that the thing has been done knowingly.
Ex gratia –as an act of grace or favour.
In rem – an act , proceeding or right available against the world at large, as opposed to in personam.
Noscitur a socits – a word known by its associates , i.e the meaning of a word cab be gathered from the context.
Res sub judicata – a matter under judicial consideration.
Ad hoc – created or done for a particular purpose as necessary.
Pertinent – Relevant  or applicable to a particular matter , apposite.
  Curative petition – question arises whether an aggrieved person is entitled to any relief against the final judgment / order of the Supreme Court, after dismissal of a review petition
Erect –rigidly upright or straight.
  Advent – arrival of a notable person or thing.
Submergence – to cover ; bury.
Vicinity –the area near or surrounding a particular place.
Detention –the act of detaining someone or the state of being in official custody.
Rebuttable – an instance of rebutting evidence or an accusation.
Preclude – prevent from happening ; make impossible.
Discrepancy – an illogical or surprising lack of compatibility or similarity between two or more facts.
Superannuation – pension paid to a retired employee who has contributed to a superannuation fund.
Ordinance – An authoritative order
Promulgation – to make known by open declaration; publish ; proclaim formally or put into operation.
Consortium – the right of association and companionship with one’s husband or wife
  Averred – allege as a fact in support of a plea
Estoppel – the principle which precludes a person from asserting something contrary to what is implied by a previous action or statement of that person or by a previous pertinent judicial determination.
Plenary – unqualified ;  absolute
Impugned – dispute the truth , validity or honesty of ( a statement or motive ) ; call into question.
Prejudiced – harm or injury that results or may result from some action or judgement.
  Legal Luminary – a person who inspires or influences others , especially one prominent in a particular sphere.
Plagiarized – the act of appropriating the literary composition of another , or parts or passages of his writings , or the ideas or language of the same , and passing them off as the product of one’s own mind.
  Evacuee – A person evacuated from a place of danger.
  Demarcate – Set the boundaries or limits of.
  Unfettered –  not confined or restricted
  Discernible – able to be discerned ; perceptible.
  Arenas – a place or scene of activity , debate , or conflict.
Transgression – An act that goes against a law , or code of conduct ; an offence.
  Construed – interpret in a particular way.
  Consonance – Agreement or compatibility , between opinions or actions.
  Retrospectively – looking back.
  Dissuade – persuade not to take a particular course of action.
Rationale – set of reasons.
  Embezzlement – Theft or misappropriation of funds placed in one’s trust or belongings to one’s employer.
  Perished -  die , especially in a violent or sudden way.
  Inter alia – among other things
  Arbitration – the use of an arbitrator to settle a dispute.

PUBLIC INTEREST LITIGATION (PIL)

👉Supreme  court on

PUBLIC INTEREST LITIGATION  (PIL)

MAIN POINTS :

👉PIL  should not be "publicity interest litigation" or "private interest litigation"

👉There must be real and genuine public interest involved in the litigation.

👉Courts of justice should not be allowed to be polluted by unscrupulous litigants.

👉A writ petitioner who comes to the Court for relief in public interest must come not only with clean hands but also with a clean heart, clean mind and clean objective.

Supreme Court of India held in
Dattaraj Nathuji Thaware vs State Of Maharashtra & Ors

👉RATIO

1.Public Interest Litigation which has now come to occupy an important field in the administration of law should not be "publicity interest litigation" or "private interest litigation" or "politics interest litigation" or the latest trend "paise income litigation".

2. The High Court has found that the case at hand belongs to the last category. If not properly regulated and abuse averted, it becomes also a tool in unscrupulous hands to release vendetta and wreck vengeance, as well.

3.There must be real and genuine public interest involved in the litigation and not merely an adventure of knight errant borne out of wishful thinking.

4. It cannot also be invoked by a person or a body of persons to further his or their personal causes or satisfy his or their personal grudge and enmity.

5.Courts of justice should not be allowed to be polluted by unscrupulous litigants by resorting to the extraordinary jurisdiction.

6.A person acting bona fide and having sufficient interest in the proceeding of public interest litigation will alone have a locus standi and can approach the Court to wipe out violation of fundamental rights and genuine infraction of statutory provisions, but not for personal gain or private profit or political motive or any oblique consideration.    

7.A writ petitioner who comes to the Court for relief in public interest must come not only with clean hands like any other writ petitioner but also with a clean heart, clean mind and clean objective.

आपला
अँड. मानव
सर्वोच्च न्यायालय, नवी दिल्ली
संपर्क- 8080555657

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