Free Essay

Law Paper

In: Other Topics

Submitted By Shishir12
Words 2132
Pages 9

The flaw of the law is very common in Bangladesh. In fact there is no flaw of any laws, but the way you use it. Here the proper word can be used as abusing laws. People misuse the law for their own benefit. But the consequence of abusing or misusing law is very dangerous. It is not only a common practice in Bangladesh but also in other developed countries. But the scenario we have here is much more threatening as well as immoral in our society. Actually what we do by misusing law, we do not care about the consequences. If we take a closer look to our society, we will find that there are many areas where the violations of law are very common. Misinterpretation of different sections is also available and which mainly leads to the flaw of law. By doing this the rate of corruption goes up. This law loop hole creates section violations, bribery, custodial death and others.

The topic talks about a vast area which simply cannot be discussed easily. There are many problems that we have in our society. Here I have narrowed down the topic and will discuss about Section 54, 167 and 61 of Code of Criminal Procedure 1898. All these sections talks about arrest without warrant and detention rules. In our country, these sections are misinterpreted randomly and as a result it violates sections and makes way for corruptions. Actually political and some muscle man of our society does these unlawful things in the name of law to eliminate their obstacles legally.

There is a case which deals with custodial death issues where police officers arrested a boy named Shamim Rubel, student of Independent University who was mercilessly beaten and later he died under police custody.

Section 54, 61, 167 of Code of Criminal Procedure 1898

My research work is based on mainly section 54 and other section 61 and 167 comes along with the research. Here I am going to discuss about the flaws or misuse of these laws which makes way to corruption. Above sections talks about the arrest without warrant and detention rules. Recently what we can see is our police officers arrests people by section 54. Which is sometimes harassment for the people like us. According to section 54, police can arrest people without any warrant if he or she is suspicious, committed any cognizable offense or try to create obstacle in any work.[1] In most of the cases this section is randomly violated or misused by political benefit or by persuading own benefit. In our country, police and some benefit seeking people try and commit this kind of misuse by applying section 54. According to a case report, 1585 people were arrested under section 54 of the Code of Criminal Procedure by the then 15 police stations of Dhaka city; of those arrested persons, only 189 were prosecuted for specific allegation of criminal activities were submitted against 88% of all those arrested by the police[2].

Here what happens is, police arrests persons under section 54, later they charge offense and take them to remand and they ask for money to withdraw the case. Now this is the major problem which we can see here because under section 54, police has the authority to arrest people without any warrant and take them under extended interrogation in other words remand under section 167.[3] To uphold my research on the law flaws, I am going to discuss and report on a case which took place in 2003, Judgment and order dated 7th April 2003 passed by the High Court Division in Writ Petition No. 3806 of 1998. Case represented by the Secretary Ministry of Law, Justice and Parliamentary Affairs versus Bangladesh Legal Aid and Services Trust (BLAST) represented by Dr. Shahdeen Malik and others. Appellate Division.

It is a Public Interest Litigation (PIL) petitioned by the Bangladesh Legal Aid and Services Trust (BLAST), where a student of Independent University Shamim Reza Alias Rubel was arrested under section 54 and was killed during interrogation under police custody. He was mercilessly beaten up and then police took him to Dhaka Medical College Hospital where he was declared dead. This news was published in almost all national daily newspapers and the members of the public, political parties, lawyers, teachers, students, human rights activists, NGOs were deeply shocked and protested against the system. After that Bangladesh Legal Aid and Services Trust (BLAST) filed up a case against it in High Court Division. BLAST also recommended some changes in order to maintain a harmony. Their recommendation of section is provided below

Code of Criminal Procedure (V of 1898)

Section 54

1. If a person is arrested on ‘reasonable suspicion’, the police officer must record the reasons on which his suspicion is based. If the police officer justifies the arrest only by saying that the person is suspected to be involved in a cognizable offence, such general statement cannot justify the arrest.

2. A police officer can exercise power if he has a definite knowledge of the existence of some offence and such knowledge shall be the basis of arrest without warrant. There can be knowledge of anything only if the thing exists.

3. If a person is arrested on the basis of suitable information, the reason of the information must be disclosed by the police officer and also the reason why he believed in such information.

4. The power given to the police officer under this section to a large extent is inconsistent with the provisions of Part III of the Constitution[4]. In view of this position such inconsistency is liable to be removed.

Code of Criminal Procedure (V of 1898)

Section 167

1. While producing a person arrested without warrant before the Magistrate, the police officer must state reasons why the investigation could not be completed within 24 hours and what are the grounds for believing that the information received against him is well-founded.

2. The order for detaining in police custody is passed by a Magistrate in exercise of the power given to him under sub-section (2) of this section. If the requirements of sub-section (1) are not fulfilled, the Magistrate cannot pass an order under sub-section (2) for detaining a person even in jail not to speak of detention in police custody.

3. Though the provisions empower the Magistrate to authorize the detention in police custody, no guideline has been in sub-sections (2) and (3) as to the circumstances under which detention in police custody may be authorized.[5]

After that the Government did not took any actions neither did the court for a long time. After a year or so, Secretary Ministry of Law, Justice and Parliamentary Affairs filed another case on behalf of the Government of Bangladesh for BLAST which was appealed in Appellate Division.[6] And the result went against the petitioners.

According to the Code of Criminal Procedures, section 54 states that, any police officer may arrest warrant if

1. Any person who has been concerned in any cognizable offence or against whom a reasonable complaint has been made or credible information has been received or a reasonable suspicion exists of his having been so concerned.

2. Any person having in his possession without lawful excuse, the burden of proving which excuse shall lie on such person, any implement of house-breaking.

3. Any person in whose possession anything is found which may reasonably be suspected to be stolen property who may reasonably be suspected of having committed an offence with reference to such thing.

4. Any person who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody.[7]

Now the problem is, if a police officer arrests a person under section 54, no one can stop them from arresting because is it backed by the law and it is fully legal. But in most of the cases, police officers arrests people under section 54 but they do not state any specific reason why they have arrested which also violets Part III Article 35 of Constitution of Bangladesh.[8] Here they take them to investigation and silently puts them into remand for nothing. Their investigation takes much time than usual. According to section 61 of Code of Criminal Procedure 1898, no police officer shall detain in custody a person arrested without warrant for a longer period than under all the circumstances of the case is reasonable, and such period shall not, in the absence of a special order of a Magistrate under section 167, exceed twenty four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate’s Court.[9]

To utilize and exercise their power, police officers go for long time investigation under section 167 of Code of Criminal Procedure 1898.[10] Where they beat up the arrested person mercilessly and in maximum cases those people dies under police custody. Sometimes our daily newspapers print the news but in maximum cases it remains under cover.

The fact is political government will make sure that the opposition cannot rise while they are in power, so what they do is they technically puts police in charge and arrests people under section 54. Now it is very legal and the police officers can claim that the person was creating obstacle or in suspicion of something. Now no one can talk about it because it is backed by the government law. Again in another hand, powerful or muscle man of the society plays this kind of dirty role to eliminate the obstacle easily. But what mostly happens is the corruption of police officers. These officers’ arrests people under section 54 and immediately take the arrested person into investigation, and then they violate section 61 along with section 167 of Code of Criminal Procedure and claims money for the victims’ freedom. This is how corruption occurs in our country. There are laws to support us but the law also has weak points to go against us.

In another hand, we have the right to do anything we want which obviously legal and also hold the right to know what we want stated in Part III Article 35, Constitution of Bangladesh.[11]


This was how Shamim Reza Alias Rubel became the victim of the police and of our law. The case, Judgment and order dated 7th April 2003 passed by the High Court Division in Writ Petition No.3806 of 1998. Case represented by the Secretary Ministry of Law, Justice and Parliamentary Affairs versus Bangladesh Legal Aid and Services Trust (BLAST) represented by Dr. Shahdeen Malik and others. Appellate Division about custodial death is another glowing evidence of how flaw of law can be a destructive weapon to the society.

These kinds of flaw have been a common practice in our society for a long time. People who seeks its own benefit commits unlawful incidents by the name of law and the technique they set is very legal in naked eye. If the judgment is not done is a perfect manner.


1. Code of Criminal Procedure 1898.

2. Constitution of Bangladesh.

3. Judgment and order dated 7th April 2003 passed by the High Court Division in Writ Petition No.3806 of 1998. Case represented by the Secretary Ministry of Law, Justice and Parliamentary Affairs –versus- Bangladesh Legal Aid and Services Trust (BLAST) represented by Dr. Shahdeen Malik and others. Appellate Division.

4. BLAST versus Bangladesh Case High Court Division.
[1] Arrest without warrant under Section 54, Code of Criminal Procedure 1898.
[2] Judgment and order dated 7th April 2003 passed by the High Court Division in Writ Petition No.
3806 of 1998. Case represented by the Secretary Ministry of Law, Justice and Parliamentary Affairs –versus- Bangladesh Legal Aid and Services Trust (BLAST) represented by Dr. Shahdeen Malik and others. Appellate Division.
[3] Procedure when investigation cannot be completed in twenty-four hours under Section 167, Code of Criminal Procedure 1898.
[4] Article states of the basic human rights, Part III Article 35 Constitution of Bangladesh.
[5] According to the recommendation by BLAST.

[6] The case of Secretary Ministry of Law, Justice and Parliamentary Affairs versus Bangladesh Legal Aid Services and Trust, dated 7th April 2003.
[7] Under Section 54 of Code of Criminal Procedure 1898.
[8] Every people of the country have the right to know or hold the right of his or her own legal freedom.
[9] Person arrested not to be detained more than twenty four hours.
[10] Procedure when investigation cannot be completed in twenty-four hours, Code of Criminal Procedure 1898.

[11] Every people of this country hold their basic rights, Constitution of Bangladesh, Part III Article 35.…...

Similar Documents

Free Essay

Law Paper

...This paper will explain a brief history of the background of the police agencies and their jurisdiction concerning local, state, and federal law enforcement. Each falls under the jurisdiction of the Department of Homeland Security. This paper will also cover a brief overview of each department’s responsibilities in regards their primary purpose. The historical history of police agencies was organized in the Western world. During this time, colonists used the English style of policing. The large extent of American Policing was formed by the British Model. Except for the military intervention, law enforcement was not organized until close to year 1200. When an individual committed a crime and was indentified, an organized posse pursued him or her. The posse was led by a shire reeve (county leader) or by a mounted officer (Schmalleger, "Chapter 5: Policing: History and Structure," 2011). The words sheriff and constable originated from these early terms. Early policing relied on bailiffs or watchmen. Bailiffs were in charge of looking for suspicious activities. Bailiffs also handle any issues, which created both a night watch and day ward. In 1829 Sir Robert Peel created the first modern police agency in London called the Metropolitan Police Act of 1829. Sir Robert Peel created the London police force because he wanted to provide citizens with real policing. He believed that prevention of crime could be possible without intruding into the lives of the citizens. The......

Words: 396 - Pages: 2

Premium Essay

Law Opinion Paper

...Law Opinion Paper Introduction to Criminal Court System CJS/220 Instructor: XXXXXXXX Law Opinion Paper: The relationship between the common law and the legislature. The American common law system had originally been mirrored from medieval England, when criminals and civil laws were decided by judges based according to biblical prophecies as well as where they presided from. Now laws are created, enforced and micromanaged by three legislative branches of government. The reasoning for each branch having specific responsibilities is so that no one branch is able to corrupt the “checks and balances” system that was based according to the principals written in The United States Constitution and other important legal documents. The Legal System The United States government is overseen and governed by laws that were created by public officials. There are three branches of government: * The Legislative Branch of government (state or federal) enacts a group laws that are enacted by public officials. * Once the laws are enacted then they are enforced by The Executive Branch which controls the law enforcement agencies. * The Judicial Branch makes sure that those enacted laws serves a balanced purpose and are legally as well as ethically fair to all in serving their purpose. The American legal system today was conceived based from two major concepts that originally came from the medieval England’s common laws: Precedent and Codification...

Words: 1067 - Pages: 5

Premium Essay

Law Paper

...Business and Society Law David White LAW/421 May 14, 2013 Page Beetem Business and Society Law In looking at the role of law in business and society, it is helpful to first understand the definition of Law and how that definition is applied in the business environment. Law of some variety has been a part of society since the time of the most primitive societies. Initially, the primary purpose of the law was to keep the peace, but as society became more complex and developed, the law took on additional functions. Today, at least eight major functions of law can be identified: (1) to keep the peace, (2) to influence and enforce standards of conduct, (3) to maintain the status quo in certain aspects of society, (4) to facilitate orderly change, (5) to allow for maximum self-assertion by the individual, (6) to facilitate planning and the realization of reasonable expectations, (7) to promote social justice, and (8) to provide a mechanism for compromise solutions between polar principles and positions. (World Academy Online, 2012) Commercial law, also known as business law, is the body of law that applies to the rights, relations, and conduct of persons and businesses engaged in commerce, merchandising, trade, and sales. It is often considered to be a branch of civil law and deals with issues of both private law and public law. Some general concepts of business law include malpractice, fraud deterrence, financial regulation, international trade law, employment......

Words: 863 - Pages: 4

Premium Essay

Law Paper

...s Brighton Business School BA (Hons) Business Studies/Management BA (Hons) Business Studies/Management with Marketing BA (Hons) International Business Year One 2011/12 LW180 LAW FOR BUSINESS ASSIGNMENT Assessment of the Law for Business module is made up of this assignment which carries 30% weighting and the 2 hour examination at the end of the module which carries 70% weighting. The assignment is a team work assignment. Hand-in date: 10 a.m. on Tuesday 13th December 2011. Note: you may hand in your work prior to that date by posting one paper copy in the assignment box and submitting an electronic copy in the assignment drop box in the Law for Business module area of student central. This is a teamwork assignment. A team is made up of two students from within your seminar group. You must give your seminar tutor your team details in the week commencing 24 October 2011. Team work assignments must NOT exceed 2000 words. The word limit excludes footnotes and appendices. Any words outside the limit will be crossed out and not be considered part of your assignment. Each member of the team must complete a peer assessment form. The forms should be attached to the paper copy of the assignment. Generally a single mark will be awarded to the team. However, the final mark of an individual member of the team may be reduced for failure to make a fair and equal contribution to the assignment. Please note that a reduction in an individual’s mark will......

Words: 1247 - Pages: 5

Premium Essay

Law Paper

...A current law that impacts the delivery of human service is the Health Insurance Portability Accountability Act. HIPAA is an acronym for Health Insurance Portability and Accountability Act. HIPAA is a law, which protects the privacy of individually identifiable health information. The HIPAA has rules and standards that help keep a patient‘s information private and safe. What reliable resources are available to learn about the implications of this law? Many reliable resources are available to help one learn more about this law. One can go to the HIPAA or the Human services website and find information on this law. One needs to know how to understand the health information. HIPAA provides a federal protection about patients information help by covered entities and gives patient’s the rights and respect to the information. Administrative, physical, and technical safeguards covered entities to ensure that the confidentiality, integrity of the patient health information is protected. The covered entities are one’s local doctor offices, clinics, dentist, pharmacies, chiropractors, and Nursing Homes. The purpose or rationale of this law is to improve efficiency in health care delivery, protection of confidentiality, and security of health information by setting and enforcing standards. This helps to keep the patient medical history private between the healthcare providers and patient. This means that no one can call and request the patient records without the patient’s......

Words: 969 - Pages: 4

Free Essay

Law Paper or charge card or information contained on or for use with the card, or (H) as winnings in a lottery or other game of chance operated or sponsored by a State, governmental unit of a State, or person licensed or authorized to operate the game by a State or governmental unit of a State or (ii) any credit device account. The term includes health-care-insurance receivables. The term does not include (i) rights to payment evidenced by chattel paper or an instrument, (ii) commercial tort claims, (iii) deposit accounts, (iv) investment property, (v) letter-of-credit rights or letters of credit, or (vi) rights to payment for money or funds advanced or sold, other than rights arising out of (A) the use of a credit or charge card or information contained on or for use with the card or (B) a credit device account. Account debtor: a person obligated on an account, chattel paper, or general intangible. The term does not include persons obligated to pay a negotiable instrument, even if the instrument constitutes part of chattel paper. Accounting: a record (A) authenticated by a secured party; (B) indicating the aggregate unpaid secured obligations as of a date not more than 35 days earlier or 35 days later than the date of the record; and (C) identifying the components of the obligations in reasonable detail. Agricultural lien: an interest, other than a security interest, in farm products: (A) which secures payment or performance of an obligation......

Words: 7135 - Pages: 29

Premium Essay

Law Paper

...Marbury v. Madison 5 U.S. 137 (1803) Facts: Thomas Jefferson won the 1800 presidential election against John Adams. However, because he[Jefferson] did not take office until March 4th, 1801, President John Adams appointed Federalist judges and justices of the peace, called “Midnight Judges” to the court, one of which included William Marbury. Although these appointments were approved by the Senate, the commissions for some of these appointments were not delivered on time. Thus, the new president, Thomas Jefferson, declared the remaining appointments void. Constitutional Question: Is Marbury entitled to his commission? If he has a right to his commission, and that right has been violated, does the law of the country allow a remedy to Marbury? Is the Supreme Court the legal place for Marbury to ask for the aforementioned remedy? Answer: Yes, yes, and it depends. Justice John Marshall Delivered the Opinion of the Court The President of the United States appointed Mr. Marbury a justice of peace, and that the seal and signature by the Secretary of State signifies the completion of the appointment. Therefore, Marbury has legal right to the office. Marbury has a legal right to the commission which was not delivered to him. Therefore, his right to the office and commission was violated, and the country must allow him a remedy to correct this. Since Marbury is entitled to the remedy, the question would remain of whether or not a writ of mandamus (judicial method in......

Words: 704 - Pages: 3

Free Essay

Law Paper

...Good Afternoon, Upon reading your story and going over what happened, with my extent knowledge in media law I have come to the conclusion that you will run into some legal troubles. You are looking at a defamation lawsuit. Firstly, I think it is important to understand what exactly that is, some possible defense options and as well as ways to avoid a lawsuit like this in the future. Understanding Defamation: According to Canadian law defamation can take two forms, slander and libel. Slander is defined as the defamation of a person, group, organization, product, government or country that was in the form on spoken words, sounds, sign language, or gestures. Libel is the same thing but the defamatory statement was made in written or printed words or in pictures. You are currently dealing with a defamation case in the form of libel. In legal terms; "The publication of any false imputation concerning a person, or a member of his family, whether living or dead, by which (a) the reputation of that person is likely to be injured or (b) he is likely to be injured in his profession or trade or (c) other persons are likely to be induced to shun, avoid, ridicule or despise him. (White, A Primer on the Law of Defamation in Ontario) Basically Peter Reid Graham has the ability to sue for defamation because the statement referring to the pedophilia was a false statement made as if they were true and referring to him. The information may have been factual but the implications were that......

Words: 1808 - Pages: 8

Free Essay

Role and Functions of Law Paper

...Role and Functions of Law Paper University of Phoenix Online Law 421 Rachel De Angelo November 6, 2014 Role and Functions of Law Paper The company that I have chosen for this assignment is my current employer, Hospira Pharmaceuticals, they are a global organization which conducts business in many different countries. In this paper, I will discuss the functions and role of law how it applies to Hospira’s ability to conduct business. I will also briefly define how law impacts businesses and society in general. Hospira Hospira is a leading provider of generic injectable drugs, infusion technologies and contract manufacturing. Hospira is an international company employing approximately sixteen thousand employees. The pharmaceutical industry is required to comply with many laws in the manufacturing and distribution of their drugs and healthcare products. From my reading chapter one of The Legal Environment of Business the author defines Law as "a body of rules of action or conduct prescribed by controlling authority, and having legal binding force (Melvin, 2011, Chapter 1)." Law helps us maintain order in society and protect our rights. The functions of laws at Hospira ensures our product quality and safety. In addition to the regulatory laws Hospira must also comply with Federal and State Labor laws for their employees. Labor laws function to prevent discrimination, harassment, dangerous work environments. To be proactive Hospira utilizes an in-house and general......

Words: 794 - Pages: 4

Free Essay

Law Paper

...getting involved in a civil law suit for false financial information. If he wants to fire me, I am okay with that and will apply for jobs as an accountant at companies with better business ethics and better social responsibility. However, I will make sure that he does not follow through with this meeting and notify Mr. Buffet of the 15% in revenues that get returned for credit to prevent him from entering into a contract he most likely would not want to enter having known the true value of the company. The last thing that I want to do early in my career is lead business icon Warren buffet into making an investment because of false financials that I provided to him. This leads me to the ethical decision involving Warren Buffet. I would choose the second option mentioned earlier of subtracting those from our sales and explain to Mr. Buffet that on average 15% of our sales get returned for credit and that he should buy our company because with his experience he can improve our production operations. I believe that this is the right decision to make because otherwise we are putting not only our company at risk but the stakeholders as well. The stakeholders that are involved in this decision are the shareholders (if public), employees, customers, suppliers, managers, as well as the local community which it operates in. The interests that the employees have is that they want to continue to work for this company after Warren buys it without worrying a civil law suit will occur to......

Words: 2560 - Pages: 11

Premium Essay

The Foundations of Criminal Law Paper

...The foundations of criminal law paper 484 5/4/2015 Dwayne Carr The foundations of criminal law paper With the safeguards that the Constitution gives with the fourth, fifth, also the sixth amendments, they depicted as the means to the value of the due process. The three laws are in place, to make sure that to make the environment society lives in protected. Within this paper, it will discuss these three rights, and the safeguards that come with them. That will help the adults as well, as the juvenile’s daily basis in the court process. Will show you how they keep both, of these courts setting fair and just to all that have to come through them with these amendments. With the fourth amendment made, in law to stop unfair searches and seizures of people’s property that he or she owns without any warrants. In addition, cause to do so however through the years court systems, like the Supreme Court has granted alterations to the fourth amendment. Like given law enforcement access search an individual who has in custody, from a criminal offensive also they view something that is illegal gives them permission. To search the person property, they feel that the environment of the suspect is unsafe, for them and to the law enforcement officers in there as well (pg.608, J. David Hirschel). With youth, offenders there are limitations on the fourth amendment. Youth that beneath the age of eighteen, which has already tried for doing a criminal offensive can use the fourth......

Words: 1219 - Pages: 5

Free Essay

Law Paper

...husband XIAN MIGUEL GONZALES with whom she was united in lawful wedlock, and being then armed with bladed instrument (“scythe”, in local idiom “tabas”), with intent to kill, hack his husband XIAN MIGUEL GONZALES and as a result of which attack the said XIAN MIGUEL GONZALES received a hacked wound on his right neck which directly caused instantaneous death. CONTRARY TO LAW. Bauang, La Union, March 4, 2010. JOCELYN M. LARANANG 4th Assist. Provincial Prosecutor Approved: ___________________ DANILO C. BUMACOD Provincial Prosecutor WITNESSES: 1. Medelita Gonzales Brgy. Dili, Bauang, La Union 2. Arnuld Gonzales -do- 3. OTHERS NO BAIL RECOMMENDED CERTIFICATION I HEREBY CERTIFY THAT the requisite preliminary investigation was conducted pursuant to law; and that on the basis of the Affidavit Complaint of complainant and witnesses there is reasonable ground that the crime of Parricide under Art. 246 of the RPC has been committed and that the accused is probably guilty thereof; and he should be held for trial; that respondent was afforded due process of law. JOCELYN M. LARANANG 4th Assist. Provincial Prosecutor SUBSCRIBED AND SWORN TO before me this 4th day of March 2010 at Bauang, La Union. REPUBLIC OF THE PHILIPPINES FIRST JUDICIAL REGION REGIONAL TRIAL COURT BRANCH 33 BAUANG, LA UNION THE PEOPLE OF THE PHILIPPINES, CRIMINAL CASE NO.......

Words: 11110 - Pages: 45

Premium Essay

Law Profile Paper

... June 19, 2011 HSM Law Profile Paper HSM Law Profile Paper As a Human Service worker, one has to always be aware and up-to-date with the laws, regulations, and the rights of the people you are serving and your rights as a worker as well. One of those laws is the Health Insurance Portability and Accountability Act is one that in the Human Service field, you should always have follow out with. The HIPAA Law was passed in 1996 by congress the protect the privacy and health information of patients in hospitals, clinics, and many other Human service organizations. Along with the HIPAA, the Privacy Rule is enforced, in which the disclosure of protected health information is enforced as well. The major responsibility for the Privacy act is to ensure that the individuals’ health information is properly protected while allowing the information to be passed on as needed to provide he or she the best care for their overall well being. In many Human Service organizations, you will be run into cases or patient that are in your care that you will have a little more empathy or maybe care a little more than you should and would want to help. Whether it be going on your own and finding resources, or maybe discussing it with a fellow coworker. This is when you should remember the Privacy Act. Not only it is illegal, but as a Human Service worker, you are violating the your ethical laws as a Human Service worker. As a worker, you have......

Words: 949 - Pages: 4

Free Essay

Law Papers

...foQy ;k uSjk’; ¼QzLVªsVsM½ gks tkrh gSA Q.- 7 Explain the grounds on which a agreement and contract becomes frustrated. iz’u 8- ,d djkj esa ekufld lgefr vko’;d gSA foospuk dhft;sA Q.- 8 An agreement requires a meeting of minds. Comment. iz’u 9- v)Zlafonk ds fl)kUr dh O;k[;k dhft;sA Q.- 9 Illustrate the principles of frustration of contract. iz’u 10 lafonk ds mUekspu ds vk/kkjksa dk mYys[k dhft;sA Q - 10 Explain the grounds of discharge of contract. iz’u 11 mu vk/kkjksa dk mYys[k dhft, ftuds vk/kkj ij vLFkk;h O;kns’k tkjh fd;k tk ldrk gSA Q - 11 Explain the grounds on which temporarily injunction may be granted. iz'u 12- Hkxoku nkl cuke fxj/kkjh yky AIR 1966 SC 543 Q.-12 Explain the facts, arguements and principles of Law laid down in Bhagwan Das vs Girdhari Lal AIR 1966 Sc 543. OR Ykkyeu 'kqDy Vs xkSjhnRr Lalman Shukl Vs Gauri Dutt Case. fo"k; :- Contract – II- izFke o"kZ 2015-16 fo"k; :- lafonk fof/k f}rh; ¼2½ uksV%& fuEufyf[kr iz’u dsoy vuqeku gS bu ij iw.kZr% fuHkZj ugh jgsaA iz’u 1- foØ; ls vki D;k le>rs gSa \ foØ; ,oa foØ; ds djkj esa vUrj crkb;sA What do you understand by sale \ What is the difference between sale and agreement to sale. iz’u 2- 'krZ o okj.Vh ls vki D;k le>rs gSa \ fdu ifjfLFkfr;ksa esa okj.Vh 'krZ ekuh tk ldrh gS fu.khZr oknksa dh lgk;rk ls O;k[;k dhft,A What do you understand by condition and warranty ? In what circumstances a warranty is treated as......

Words: 16472 - Pages: 66

Premium Essay

Law Paper

...Sheila Wilkinson LAW/421 The three classifications of law are; criminal and civil law criminal law is where public commitment of crimes is prosecuted by the governing bodies. Civil law is where a private party may have a lawsuit against another person for a crime which may have been committed. Substantive and Procedural Law-substantive law is the rights and duties of the people procedural law defines how the courts handle’s try and sentence a case. Public and Private Law-public law is define as the relationship between the government and the individuals and private law is how the individual or groups act with each other. Bushman, M. (2007). Law plays an important role in business and society it is a set of rules that is in place to help society and business function. When an individual has a dispute they are able to bring their dispute to the court of law and have them settle the dispute for them. Other functions of law include: peacekeeping; checking government power and promoting personal freedom; facilitating planning and the realization of reasonable expectations; promoting economic growth through free competition; promoting social justice; and protecting the environment (Mallor, Barnes, Bowers, and Langvardt). Business has and ethical duties to perform in a professional manner if they do not adhere to the law they can be subject to criminal charges are fines. I am employed at Tulane Hospital and Clinic; we have an ethical duty by law to provide quality...

Words: 642 - Pages: 3