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Egypt court fined 90 million dollars on former president Hosni Mubarak accusing and other two ministers for shutting down Internet and mobile phone service during the protests culminating in his ouster.

Divorce been legalized in Malta after a survey passed with 53 % of people vote, and saw a 72 percent turnout among the predominantly Catholic 412,966 residents.

Former Delhi partner of Fox and Mandal Ravi Bishnoi has filed a summary suit against its former company alleging them not paying his unpaid dues.

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1. The RBI today notified the banks to re credit the customers account within seven working days from the day of receipt of complaint relating to failed ATM transaction. The compensation amount will be Rs 100 per day from the failure of transaction.

2. South Korean court sentenced four Somali pirates for hijacking Korean ship. All those men were accused of hijacking, maritime robbery and six other crimes.

3.  Egypt housing minister was sentenced to five years jail term for illegal land deals and illegal way of accusation of land deal.

Delhi HC refuses Balwa' s request of iPAD for reading charge sheet

The Delhi High Court today refused to allow the use of iPad to Kusegaon Fruits and Vegetables director Asif Balwa, who is lodged in Tihar Jail in connection with 2G spectrum scam, and asked the accused to suggest an alternative reading device. After going through the records submitted by the Tihar jail officials, Justice S Muralidhar said the iPad cannot be made available to Balwa as the report states that all the software installed in it may not be disabled and the accused can take advantage of it. 

The High Court had, earlier, allowed the use of iPad to Balwa but given two-day deadline to the jail authorities asking them to submit how they can disable the communication facilities in the iPad, which the accused wanted for reading the 80,000-page charge sheet filed by CBI against him. The High Court had directed the jail authorities to hand over the iPad to the Delhi Information Technology department for the reason it  enable the petitioner to use the gadget as a communication device.

The High Court, however, gave liberty to Balwa to suggest an alternative reading device which cannot be used for sending e-mails or any other communication.

Balwa is lodged in the Tihar jail along with former Communications Minister A Raja and DMK Rajya Sabha MP K Kanimozhi among others in connection with the 2G scam.
 

Fifth Somali guilty plea entered in piracy trial criminal law

 Two more Somali men pleaded guilty on Monday to piracy for their roles in the hijacking of a yacht that left four Americans dead, including one who identified which of the 19 men fired at hostages aboard the boat.The duo are among 14 people from Somalia and one from Yemen facing charges related to the February hijacking of the yacht Quest. Three of those men have already pleaded guilty to piracy . Prosecutors said the men intended to bring the Americans to Somalia and hold them for ransom there. Pirates typically seek millions of dollars for hostages.The  pirates were making a lot of money and had big houses and cars, with a financier about joining a pirate expedition that ultimately led him to board the American yacht.

Public property must be sold strategically to get best price: Supreme Court

New Delhi: The Supreme Court has said that the authorities can sale the public property in such manner that it fetches the maximum price. The court directed the PSU, Kerala Financial Corporation to follow its guidelines for the sale of such a property to maximize the auction price.

In the matter of sale of public property, the property is  to be sold at . the best price .This can be achieved when there is maximum public participation in the process of sale and everybody has an opportunity of making an offer.The court stated that a highest bidder in public auction cannot have a right to get the property or any privilege, unless the authority confirms the auction sale, being fully satisfied that the property has fetched the appropriate price and there has been no collusion between the bidders.

Supreme Court cancels land allotment to Sourav Ganguly in Bengal

  The Supreme Court cancelled allotment of land made to former Team India captain Sourav Ganguly by the previous Left Front government in Bengal in the year 2000 for setting up of an academy. A bench comprising Justices G S Shighvi and A K Ganguly directed the cricketer to return the land to the West Bengal government within two weeks. Justice Ganguly, also directed the state government to return the money paid by Sourav Ganguly as consideration for the land.

The apex court allowed the appeal filed by an NGO Humanity challenging the allotment of land made to the former Indian captain in violation of rules at throw-away prices. Ganguly was allotted about 63 acre of land in the posh Salt Lake City of Kolkata.

Joplin tornado | After math of Joplin Tornado pictures

Joplin Tornado made many destruction in the day to day life. The state Government of Missouri confined the death number of 125. The Government authorities published the list of persons who are missing in Joplin tornado. The Authorities appreciated the volunteers and Red cross members in their emergency and rehabilitation activities.

These pictures about Joplin tornado show the rate of devastation. People who lost their house and shelter walk like hopeless  with with most important belongings. Most of the photos shows the horrible after math position of Joplin.

The killer tornado destroyed whole house things in  Joplin. A man searching to take any important immovable from the destroyed ares. Finally he choose a gun before he leave the place. 

The photo of after math of Joplin Tornado in which US flag fall down with in the building materials.

Thanks for the red cross volunteers and other who participated in disaster management process and in rescue activities

A heavy vehicle seen pull down by the powerful tornado.

Volunteers in rescue activities

A man with guns he gathered from the destructed house and building materials

Clashed vehicles and parts of trucks seen after the disaster

These pictures show how powerful was the twister

Nothing left than a road to walk, volunteers in search among the area

Whatever be the brand of the car, no discrimination for the wind 

Cars dumped bye the wind 

The outcome of omitting of the tornado

A helicopter completed broken by the the powerful wind

Persons searching for their belongs.............

A heavy truck out tracked and left near to the Highway. 

The Competition Commission of India files first case against film producers

The Competition Commission of India levies nominal fines in its first ever case

The Competition Commission of India in its first ever case filed by Luthra and Luthra on behalf of cinema owners imposed a fine of Rs.1 lakh each against 27 film producers. It has also ordered that the film producers to refrain from anti-competition practices. This was the first ever case to come before the commission which was filed right after the cinema strikes and disputes that arose between the film producers and distributors. Some disputes were partially settled right after a complaint was filed before the CCI.

The Competition Commission of India files first case against  27 film producers.

The US Supreme Court sets aside a murder conviction

The US Supreme Court sets aside a murder conviction by unusually interpreting a federal witness-tampering law

The Supreme Court has asked the lower court to re-examine if the accused Charles Flower can be convicted for murder of a police officer under the federal witness tampering law. Under the statute it is a crime to stop any person who is communicating an information regarding commission or possible commission of a federal offense to any law enforcement officer or federal judge. The court has said that it is uncertain that the police officer would have reported to the officials and that defendant would not have been sure of it.

Global Campaign to Bestow Legal Rights on Mother Earth

An international coalition of academics and environmental activists has launched a global campaign for the creation of a new United Nations convention to protect 'mother earth'. Along with UN battle against water pollution, climate change, deforestation the campaign for ‘universal declaration of the rights of mother earth has taken much importance. A draft of universal declaration of mother earth was approved by the world people conference on climate and rights of mother earth and was presented to United Nations secretary general.

Mother Earth Campaign 

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Government Cautions in allowing FDI’S in LLP format

The government has taken a cautious approach towards allowing FDI in the hitherto untried LLP format of business, mostly preferred by professionals and experts. The government has allowed FDI in Limited Liability Partnership (LLPs)   in sectors where 100 per cent FDI is allowed under the automatic route. LLP a new business structure in India is a hybrid between   Partnership Company and body corporate. The govt. wants to see how they (LLP’S) are bringing in the money (FDI) and how they are utilizing the funds.

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Supreme Court lifts time bar on mutual consent divorce

The Supreme Court Said “Either the husband or wife could withdraw consent to divorce any time before the decree is passed by matrimonial court”.

A bench comprising of Justice D.K. Jain and H.L. Dathu explained that “With the complete agreement between husband and wife for dissolution of marriage and unless the court is completely satisfied it cannot grant decree for divorce by mutual consent”. The court made it clear that one of the parties may withdraw their consent at any time before the passing of the decree. The most important requirement for grant of divorce by mutual consent is free consent of both parties.

Indenture

Indenture is a deed made by  mode parties than one, so called because there ought regularly to be as many copies of it as there are parties; duplicates of very deed inter parts were formerly written on one skin, and the skin was cut in half irregularly, or with jagged edge, or indended like the teach of a saw or in a waiving line, to tally or correspond on with the other; so that when the duplicates were produced in court they were seen to belong to one another by fitting into one another.

Postliminium

Postliminium is the rule that a persons, captured by the enemy, will be restored on his return to exactly the same status and rights and which he had before capture, In modern international law, it is applied chiefly to property taken by the enemy.  When it is brought back to the jurisdiction from which it is taken, all the rights and interests in it are re-established as of the time of capute.

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Wager

Wager means a contract in which two parties agree that if an uncertain event generally the outcome of a game, occurs, one will pay the other a certain sum of money.  Such contracts are generally declared void as against public policy, and not only cannot be enforced by action, but in many jurisdictions, if the wager is paid, the money can be recovered, and the defense of in part delicto is unavailable

Appurtenances

Appurtenances signify things both corporeal and incorporeal, appertaining to another thing as principal; as hamlets to a Chief manor; and common of pasture, piscary, etc. Also liberties and services of tenants. If a man grants common of estovers to be burnt in his manor, these are appurtenant to the manor, for things appurtenant to the manor may be granted at this day.  Out houses, yards, orchards and gardens are appurtenant to a messuage; but lands cannot properly be said to be appurtenant to a messuage.   And one messuage cannot be appurtenant to another.  Lands will not pass by the word appurtenance, but only such things which do properly belongs to the house.

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Constructice notice

Constructive notice is a notice imputed by construction of law. The knowledge which the law implies a party to have had, whether he actually had it or not; thus the law implies that an under-lessee has knowledge of the contents of the head lease, whereas he very frequently has not. Whatever is sufficient to put any person of ordinary prudence on injury, is constructive notice of everything to which that inquiry might have led; thus if a man purchase land without any investigation of his landlord's title, he will be demand to have constructive notice of every encumbrance which a proper investigation would have disclosed.

Voluntarily

Voluntarily simply means a person is said to cause an effect Voluntarily, when he causes it by means whereby he intended to cause it, or by means which, at the time of employing those means, he knew or had reason to believe to be likely to cause it.  A sets fire, by night, to an inhabited house in a large town for the purpose of facilitating a robbery, and thus causes the death of a person.  Here A may not have intended to cause death and even be sorry that death has been caused by his act; yet if he knew that he was likely to cause death, he has caused death voluntarily.

Waiver

Waiver is the passing of an occasion to enforce a legal right, whereby the right to enforce the same is lost.  A waiving or forsaking the assertion of a right at the proper opportunity.  The passing by of a thing, or a declining or refusal to accept it.  A common instance of this is where a landlord waives a forfeiture of a lease by receiving rent or distraning for rent which has accrued due after the forfeiture.  Sometimes it is applied to an estate or something conveyed to a man, and sometimes to a plea; and it is frequently applied to the declining to take advantage of an irregularity in legal proceedings.

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Tenancy in common

A tenancy in lands on the part of several person in such a way that each owns an undivided share.  This share he may alienate or encumber at will.  All tenants in common have rights of possession and user of any part of the land.  By an action of partition between the tenants the land may be divided among them, and, if no agreement can be reached on the dividing lines, the land will be sold and the proceeds divided.

Caveat

Caveat is a warning enjoying from certain acts or practices.  A legal warning to a judicial officer to suspend a proceeding until the opposition has hearing.

A caveat is a notice to the Registrar of officer of the court not to let anything be done by anybody in the matter of the wall, or the goods of the deceased, without notice to the person who lodges the caveat.  A caveat is simply a warning given by a person having or asserting an interest in the estate of the deceased against the court issuing any probate without notice to the caveator.  It is not a notice to any particular person.

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Marketable Title

Marketable title is one to land agreed to be purchased which is not merely good, but so clear that a court of equity would compel a reluctant purchaser to take it, on a suit against him by the vendor to enforce the specific performance of  his contract to purchase the land.  It is now, however, quite settled, that so far as a purchaser's objection is one of the pure law, the court, if it thinks the objection untenable, will not refrain from compelling him to complete his purchase by reason of any supposed doubtfulness in the state of the law on the subject.

Waiver

Waiver means, passing by of an occasion to enforce a legal right, whereby the right to enforce the same is lost.  A waiving or forsaking the assertion of a right at the proper opportunity.  The passing by of a thing, or a declining or refusal to accept it. A common instance of this is where a landlord waives a forfeiture of a lease by receiving rent or dis training for rent which has accrued due after the forfeiture. Sometimes it is applied to an estate or something conveyed to a man, and sometimes to a plea; and it is frequently applied to the declining to take advantage of an irregularity in legal proceedings.

False Judgment

False Judgment - At the older common law, a writ which challenged the validity of the judgment of a lower court and thus presented it as appeal to a higher court, it was used as a means of withdrawing cases from feudal and local courts to the king's courts and a provision of Magna Karta was intended to limit its use but was without effect.

False imprisonment

False imprisonment is a tort committed by unlawfully restraining any person's liberty. It does not require that the person so unlawfully restrained be locked up in a prison cell or a jail. Preventing a person by force or threats from going where he has a right to go, or leaving a place in which he is under no legal duty to remain, is false imprisonment.

Administrative Law

That branch of the law which deals with the activities of executive or administrative agencies, known sometimes as boards or commissions.  Examples of such agencies are licensing board, public utility commissions, workman's compensation boards, industrial commissions, and the like. Such commissions have the power to determine controversies, to fix rates, and to issue various kind of orders. The controversies may be between private administrative body.  In many respects, therefore, such agency is generally less formal than the procedure before a court. Proceedings before a court are usually denominated trails, while proceedings before administrative bodies are called hearings. In addition to deciding controversies, administrative agencies administer the law and also, to some degree, legislate, under appropriate statutory authority, and within the permissible limits of the statute. The legislature may enact a statute setting forth the broad objectives and the agency will be entrusted with the task of enacting specific rules and regulations to effectuate the purpose of the statute.  If a decision of an administrative body is of judicial nature, it may be reviewed by a court., but questions of fact will not ordinarily be reviewed if supported by adequate evidence.  A court may also determine whether the jurisdictional facts exist which are a necessary condition precedent to any action taken by the agency.

Necessaries

Necessaries is a relative term, not strictly limited to such things as are absolutely requisite for support and subsistence, but to be construed literally, and varying with the stage and degree, the rank, fortune and age of the person to whom they are supplied; in general, things suitable to his circumstances, degree, and station in life.  Necessaries, in the case of an infant, include meat, drink, apparel, physic and likewise good teaching and instructions, whereby he may profit afterwards.  for the supply of all such things an infant may bind himself by contract.  Similarly, necessaries for a married woman are things suitable for his station in life, and for the supply of these her husband will in general be responsible.

Ratification

Ratification means confirmation, authorizing subsequently what has been already done previously without authority, in contract law it is equivalent to a prior request to make the contract; and in the law of torts, it renders the principal liable, unless it should have the effect of purging the tort. To any ratification it is necessary that the act when originally done should for the person who subsequently ratifies it; and usually such ratification must be given at a time when the principal himself might have done the act and not afterwards.

Where acts are done by one person on behalf of another, but without his knowledge or authority one may elect to ratify or to disown acts.  If he ratifies them, the same effect will follow as if they had been performed by his authority.  Ratification may be express or may be implied in the conduct of the person on whose behalf the acts are done.  No valid ratification can be made by a person whose knowledge of the facts of the case is materially defective. A person ratifying any unauthorized act on his behalf ratifies the whole of the transaction of which such act formed a part.  An act done by one person on behalf of another without such other person's authority, which, if done with authority, would have the effect of subjecting a third person to damages, or a determining any right or interest of third person, cannot by ratification, be made to have such effect.

Privilege

Privilege is an exemption from some duty, burden or attendance, to which certain persons are entitled, from a supposition of law, that the stations they fill, or the offices they are engaged in, are such as require all their care; and that, therefore, without this indulgence, it would be impracticable to execute such offices so advantageously as the public good requires.

That which is granted or allowed to any class of persons, either against or beyond the course of the common law; as the non-liability of a member of the legislature to any court other than the parliament itself, for words spoken in his place in Parliament.

Prejudice

Prejudging a matter. Thus, a court may decide that A is entitled for his life to the income of a fund without prejudice to any question between B and C who claim adversely to each other the income of the fund after his death.  And generally, the expression without prejudice implied that the consideration of the question to which it refers is postponed to a future time.  And the phrase is ofter used in a lawyers letter for the purpose of guarding himself as to anything therein contained being construed as an admission of liability.

The phrase is applied to overtures and communications between litigants before action, or after action, but before trial or verdict.  It imports an understanding that if he negotiations fail, nothing that has passed shall be taken advantage of thereafter.

Misfeasance

Misfeasance  is an offense of omission of what ought to have been done, as is not coming to church, etc. A Misfeasance will not make a man to trespasser.  Misfeasance is to doing that what it was a legal obligation or duty, or contract, to perform; misfeasance is the performance in an improper manner of an act which it was either the party's duty, or his contract, to perform, or which he had a right to do; and malfeasance, the  unjustifiable performance of some act which the party had no right or which he had contracted not to do.

Liquidate

To make the amount of an indebtedness or an obligation clear and settled in the form of money.  When a contract declares that upon default a certain amount is to be paid as liquidated damages, that provision will be unenforceable if the amount is really a penalty.  The test will be whether the amount has any reasonable relation to the loss suffered.

To reduce all the assets and liabilities of a business or estate to a precise sum in money is order to discharge all the debts and wind up the business or estate.

Liquidated damages - Damages which are liquidated or agreed upon in advance between the parties should either of them breach of the contract into which they have entered, if not a penalty, the courts will enforce this provision of the agreement.

Liquidation - The act of liquidating, for a corporation to be in liquidation is equivalent to its affairs being wound up.  The purpose of an ordinary bankruptcy proceeding is the liquidation of the estates and the distribution of the bankrupt.

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Novation

Novation is the substitution of a new obligation for an old one.  The acceptance of a new debt or obligation in satisfaction of a prior existing one.  If the parties to a contract agree to substitute a new contract for it, or to rescind or alter it, the original contract need not be performed.  Thus it is said that a surety is discharged by the novation of the debt; for he can no longer be bound by the first debt, for which he was surety, since it no longer subsists, having been extinguished by the novation; neither can he be bound by the new debt into which the first has been converted, since this new debt was not the debt to which he acceded.

A novation may arise in either or two ways:-

1) As in the case of a renewal bill, where the person of the debtor remains the same, and the amount or terms are increased or altered;

2) As in the case of an amalgamation of insurance companies, where the person if the debtor is altered, but the other terms of the contract remains the same, the new company which is substituted for the old one taking over all the liabilities together with the rights of the latter.  It is essential to every novation that the creditor should have assented thereto.

Capital Stock

Capital stock is the money which a corporation regards as necessary for doing the business for which it has been organized: and which by its charter it is permitted to raise by subscription, divided into shares. Capital stock may be with par value or may have no par value.  Where stock is with par value, the certificate of incorporation will express the authorized capital stock as the total sum of such par value.  Issued; authorized capital stock is the stock which, by its charter, the corporation is authorized to issue.  The statutes of some states prescribe limitations on the amount of capital stock that may be issued

Guardian

Guardian is a an adult person entrusted with the care of the person or property of a minor, called a ward, who is not the guardian's child. A father or mother is sometimes called the natural guardian of a child, but the term is not official. At common law, a mother had the right of custody of her minor children only if appointed guardian of them by her husband or by the court.  A guardian may be appointed for an adult incompetent or lunatic.

Gift

Gift is a transfer of property by one person to another without valuable consideration with the intention of benefiting the transferee.  The parties are called donor and donee.  Gifts are either "inter vivos", an irrevocable title vests at once in the donee when the property is delivered.  In a gift mortis causa no title vests in the donee, unless the donor dies within the period contemplated when he made the gift.  At any time before death, the gift mortis causa is revocable.

Damages

Damages is the amount of money allowed by a court as compensation for the violation of a duty or the commission of a tort. Damages are usually granted as law only to a plaintiff or a counter claiming defendant, and generally only if they are expressly asked for.  In almost no instances will greater damages be granted than are asked for.  In equity, however, the assessment and amount of damages, where the court has power to grant them are wholly within the discretion of the court.

Exemplary or punitive damages are damages allowed by the court beyond the amount necessary for compensation, as a means of punishing the defendant, or making an example of him. It is allowed only in cases of such injury.  In some cases when  a transaction is forbidden by statute, special provision is made enabling the plaintiff to recover some multiple of the damages actually sustained.  In the case of usury treble damages are often allowed.  The same is the case for violation of certain regulatory statutes, like those forbidding restraint of trade, or setting up commissions for rent or sales control.

Norminal damages are damages awarded to the plaintiff where the wrong done resulted in only trifling injury.

It is the duty of the person injured to make an effort to minimize the damages as much as possible.

Disclaimer

Disclaimer is a plea containing an express denial or refusal.  The word is used in various senses: 1. Any act whereby a person refuses to accept an estate which is attempted to be conveyed to him; as for instance, where land is conveyed to an intended trustee without his consent, and he refuses to accept it; or where an executor, before providing the will of his testator, renounces the executor-ship.  This is called the disclaimer of an estate. 2. The renunciation, or denial by a tenant, of his landlord's title, either by refusing to pay rent, or neglecting to render him the due services, denying any obligation to pay, or by setting up a title in himself or a third person.  This is called disclaimer of tenure, and is a  ground of forfeiture of the lease or tenancy. 3. A mode of defense in equity, where the defendant renounced all claim to the subject of the demand made by plaintiff's bill, and disclaims all interest in the matters in question. 4. The refusal by the trustee in a bankruptcy to accept a burdensome lease or other onerous property of the bankrupt. 5- A renunciation by a patentee of part of his patent.

Lien

Lien is a right of any nature in the property of another, as security for the performance of some obligation of owner of the property.

1. A common law lien is one usually on personal property and depends on possession.  It may be a particular lien for the satisfaction of an obligation in respect of the property held, as a lien for repair of property; or a general lien for obligations not connected with the property.

2. An equitable lien is one enforced in a court of equity, It may be on real or personal property and does not depend on possession.  It will sometimes attach as soon as certain property comes into the hands of the obligor.

3. A statutory lien is one created by statute.  The commonest  examples are mechanics liens and materialmen's liens to protect the claims of persons who are engaged in construction of buildings.

4. A maritime lien is lien is that placed upon a ship and all it equipment by the filing of a libel.

5. A judgement lien attaches to all the real property of the judgement debtor as soon as the judgement is filled in the manner provided by statue.  The lien of an execution on personal attaches only upon levy.

An agricultural lien attaches to growing crops for loans made on the security of such crops.

Liberty

Liberty is the state of being a free man i.e not a slave or serf. The sum of all the rights and immunities guaranteed by written or unwritten constitutions in democratic states or under limited monarchies.  So far as these deal with the right of persons as members of a society, they constitute civil liberty, by suffrage and eligibility to public office, they constitute political liberty. The term liberty in the American Declaration of Independence and in the Bill of Rights of many States, refers to civil liberty.