Tuesday, February 11, 2020

What is legal Education?

Legal Education in India:- 
                                                              Legal education in India generally refers to the education of lawyers before entry into practice. Legal education in India is offered at different levels by the traditional universities and the specialized law universities and schools only after completion of an undergraduate degree or as an integrated degree.

Law of Education:-
                                                        Education Law is the area of law that relates to schools, teachers, and the rights of Americans to public education, as well as standards for those students who attend private schools. American Right to Education. American laws mandate that every child be given the opportunity to an education.




Law course duration:-   
LLB Course Duration
The course is divided into six semesters. On completion of the 3-years course, an LL. B. degree is awarded for the Student.

Full form of the LLB:- 
                                     The full form of LLB is Legum Baccalaureus. But in India, the LLB Full Form is Bachelor of Legislative Law. Legum Baccalaureus or LLB is a Bachelor of Law degree that is offered to aspirants by many renowned colleges in India.

Education Act of 1901:-
                                          A highly centralized public school system was installed in 1901 by the Philippine Commission by virtue of Act No. 74. The implementation of this Act created a heavy shortage of teachers so the Philippine Commission authorized the Secretary of Public Instruction to bring to the Philippines 600 teachers from the U.S.A.


Sources of Law Education:- 
                                                  Case law comes from the judiciary and makes up what is commonly referred to as the common law. Case law is made up of judicial opinions. In the United States case, the law is either state or federal. State and federal law cases can come from a trial court or an appellate court.

Types of LLB:- 
                          There are two types of LLB courses, 3 years and a 5-year course for undergraduates. Both degrees are recognized by the Bar Council and are eligible for practicing the legal profession in India.

Purpose of law Education:-
                                               Education law is the legal discipline covering all issues pertaining to schools, from kindergarten through higher education. Historically, attorneys practicing education law have worked toward expanding access to high-quality education for all children, as well as providing for greater access to higher education.

Career Options after LLB
  • 1) The law firm (Associate)
  • 2) MNC (Legal officer)
  • 3) Govt Agency.
  • 4) Judicial Exams.
  • 5) Bank, Legal dept.
  • 6) Litigation.
  • 7) LPO.  

Main Subject in law:-  
                                       Thereafter, aspirants are taught law subjects like Law of Torts, Family Law, Constitutional Law, Property Law, Company Law, Administrative Law, Civil Law, Criminal Law, and the likes.


Thursday, February 6, 2020

Unlawful Assembly

Unlawful Assembly-
                              ( 1 )  An assembly of five or more persons is designated an unlawful assembly if the common object of the persons composing that assembly is to overawe by criminal force, to the centre or any state govt or the parliament or the legislature of any state or any public servant in the exercise of the lawful power of such public servant .
 
(2) To resist the execution of any law, or of any legal process.

(3) To commit any mischief or criminal trespass, or other offence.

(4) By means of criminal force, or show of criminal force, to any person, to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right.

(5) By means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what he is legally entitled to do.


ExplanationAn assembly which was not unlawful when it assembled, may subsequently become an unlawful assembly.

Punishment Of Criminal Conspiracy

In the Indian penal code 1860 section 120-B 
Punishment of criminal conspiracy-
(1)whoever is a party to a criminal conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two years upwards, shall where no express provision made in this code for the punishment of such conspiracy, be punished in the same manner if he had abetted such offence.

(2)whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence punished as aforesaid shall be punished with imprisonment of either description for a term not exceeding six months, or with fine, or both. 

Important case laws 
1 State of Maharashtra V. Somnath Thapa 

2 Kuldeep Singh V. State of Rajasthan 

3 motorola incorporated V. Union of India 

What is Criminal Conspiracy ? (in short)

CRIMINAL CONSPIRACY-
                                                   Conspiracy at common law originated as a civil wrong. After entering in the criminal law means of Conspiracy is changing use of the world Criminal is perhaps redundant in view of facts. In the Indian Penal Code (Amendment) Act,1913 added Criminal Conspiracy in section 120A and 120B.

IN THE IPC-

 Definition of criminal conspiracy- 
                                                                                        When two and more persons agree to do or cause to be done-
  1. an illegal act, or
  2. an act which is not illegal by illegal means, such an agreement is designated a criminal conspiracy:
explanation- when two and more persons agree to do illegal activities with illegal means to perform an object of such agreement, that persons are creating criminal conspiracy.

Simple means of criminal conspiracy-
                                                                In other words, the conspirators are guilty of criminal conspiracy whether the illegal act is the ultimate object of the agreement or it is merely incidental to the object of the agreement. the does not treat cases differently.

Important case laws of Criminal Conspiracy 

1 State of Tamil Nadu V. Nalini and Others
this case is known as Rajeev Gandhi murder case  there was a criminal conspiracy to kill a former prime minister of India. the main accused Nalini assigning her pivotal role in the conspiracy.

2 Nazir Khan V. State of Delhi 
this case is known as Kandhar aeroplane hijack there was some terrorist hijack the Aeroplane to pressurise the Indian govt. to release dreaded militants confined in jail in India.