Wednesday, October 14, 2015

Sociometry

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Sociometry
Inlegal Research, the research has often to study group behaviors.
The sociometic technique has been developed by J.L Moreno, in his book “We shall Survive’ to study the closed Community.
Sociometry is the measure of assessing the attractions and repulsions within a given group.
The legal research report is the statement adopted and fingings arrived at tby the researcher of a legal problem.
It is only a brief statement of most significant facts that are necessary for understanding the generalizations drawn by the investigator.
Requirement of the Sociometric test
Moreno has developed the following requirement of the sociometiric test
1.     The limits of the group should be indicated to the subject.
2.     The subject should be permitted and unlimited number of choices or rejections.
3.     The subject shouldbe asked to indicate the individuals they choose or reject in terms of specific criteria.
4.     Results of the Sociometric questions should be used to restructure the group.
5.     The subject should be permitted to make their choices and rejection privately without other members of the group being able to identify the responses and
6.     The questions used should be ranged to the level of understanding of the members of the group.
Characteristics of a good Sociometric scale
1.     Reliability
2.     Validity
3.     Simplicity
4.     Universality
5.     Practicability
6.     Based on norms
7.     Properly weighed
 


Socio-metirc tool that make it a desirable and useful instrument.
1.     The subjects should express themselves spontaneously in their choice of companion.
2.     Directions should be clear about tools and situations and methods of recording choices.
3.     The confidential nature of choices made should be emphasized
4.     Each student would have a companion out of the choices given by him.
5.     The word test cannot be used anywhere because it is associated with right and wrong answer.
TECHNIQUES OF SOCIOMETRY
1.     Sociometricself rating or related analyse
2.     Scaling method
3.     Group preference record
4.     Multinational Sociometic Survey.
5.     Estimate of time
6.     Guess who




Thursday, October 8, 2015

Insurance Law and essential ingredients of a valid Insurance Contract



Q. Discuss the nature of Insurance Contract. Explain the essential ingredients of a valid Insurance Contract?

Ans. Nature of Insurance :-
                                                Hindu philosophy gives the axiomatic truth of the nature of insurance ‘YatBhavathi tat nasyathi’ which means whatever is created will be destroyed.
Risk is inevitable in life.
Business is a course of life, so in life and business there lie a variety of risks. Risk is closely connected with ownership. The owner want to save themselves from risk and out of this desire the business of insurance born.
Ø The nature of insurance depends upon the nature of the risk sought to be protected.
The chief variety of contract are :-
1.     Life
2.     Fire
3.     Marine
In modern time third party insurance .
v -The death of an individual is a certain event but the certainty lies in the time when it happens.
v The fundamental function of insurance is to shift the loss suffered by a sole individual to a willing and capable professional risk bearer.


Ø Thus the institution of insurance serve a two fold purpose.:-


ü The immediate and direct object is to protect the individual assured form any loss or damages to his life or property by distributing the loss among a large number of persons through the media of the professional risk bearers, the insurers, thus serving also the sociological purpose.
ü The far sighted and long-range purpose is to accelerate the economic growth of the nation.
Essential ingredient of a valid Insurance Contract.
a.     An agreement
Section 2(h) of contract Act.:- Agreement enforceable by law is contract.

LIC VsKamalvathi 1984(2)SCC 719 a cheque for the premium is sent and the money is received and retained till after the death of the insured.
b.     Competency of Parties
Compentency of the Insured.

Mohoribibi vs. Dharmo Das Ghose.
In India ,  a Contract by a minor is not merely voidable but is altogether void.

Chandulal v/s IT commissioner

Supreme court held that in such cases in substance the contract of insurance between child father and the LIC is a contract of life insurance. With regard to the life of the child who is the insured, and the clauses in the policy regarding return of premiums to the proposer are merely ancillary or subordinate to the main purpose. The idea of the policy is to introduce the child into the insurance habit.

Coparcener in a Hindu Joint Family
c.      Free Consent
Two positive element & 3 negative elements
Sec. 14 of contract :- Consent is not free when it is obtained by
i.                    Coercion
ii.                  Undue influence
iii.                Fraud
iv.               Misrepresentation
v.                 Or mistake.
d.     Indeminity:- Every contract of insurance, except life assurance, is a contract of indeminity.
e.     Duty of Disclosure
f.       Uberrima Fides
(Utmost Good Faith)

g.     Policy---Cover note
h.     Insurable Interest
i.       Contractual relationship


Tuesday, October 6, 2015

INDUCTIVE METHOD OF RESEARCH

INDUCTIVE METHOD OF RESEARCH

Inductive method of research :

Induction is the most frequently used method of scientific research. Induction is a

process of reasoning from particular cases to whole group of cases from specific

instances to general rules. The inductive method is also known as historical, empirical

and a posseriori method, It tries to remove the gulf between theory and practice. This

method examines various causes one after another and tries to establish casual

relations between them. General principles are laid down after examining a large

number of special instances or facts. The method is said to be ‘empirical’ because the

formulation of principle is made only after an extensive indicative argument does not

establish the conclusion conclusively. The premise of a valid argument may be true, but

the conclusion may still be false. Its premise only supports the conclusion but it does not

make the latter certain.

(iii) Merits of inductive method :

1. More realistic: This method is more realistic because it studies the changes in

2. Possibility of verification: The method is more useful because its prepositions can be

3. Proper attention to complexities: This method takes full note of the complex

4. Dynamic approach: This method takes into consideration the changeable nature of

(iv) Demerits of inductive method :

1. It is a difficult method. This method cannot be used by a beginner or a common man

conditions surrounding the social activities of man and their effect on social activities

is analyzed deeply.

tested and verified easily.

relationship found in actual life and examines them carefully.

assumptions. It does not consider facts to be stable. It is a dynamic method.

2. Danger of bias: The propositions obtained through this method are based upon data

3. Limited scope of verification: Since the propositions obtained through this method

4. Limited use in socio-legal studies: This method is commonly used for lifeless objects

because it is impossible for an ordinary person to collect facts, study them and derive

some conclusions out of them. The cost is too much for him.

collected by investigators. Therefore, there is a danger of investigator’s bias entering

into propositions.

are based on a few facts, the universal applicability of these propositions is always in

doubt.

of the physical science. In socio-legal studies, we study a man’s problems. As such

the method has limited used.

If anyone asks which method is preferred, the answer is both. Prof. Marshall says

“Induction and deduction are both needed for scientific study as right and left foot for

walking.

Induction operates on faith that in the course of things for a long time is a basic

and regularity evidenced. Surely enough for the inference that it will continue in the

future. If the premise and conclusion in the logical case, are both known, some

probability relations maybe established between them and this may serve as a

paradigm of an inductive inference. Inductive explanations also have explanandum and

explanans. The explanandum is generally probable. Explanandum cannot be deducted

from the explanans with certainty. The explanadnum is implied by the explansns. The

explanans support or provide evidence for the explanandum but does not make the

latter certain. The explanans can be true and the explanandum can be false in inductive

explanations. Inductive explanations explain either the probability of individual evens or

statistical generalizations.

Inductive examines the particular phenomena and discovers from them the

general law. There are two laws which binds the process of induction, i.e., the law of

universal causation and the law of uniformity of nature. Perfect induction is a method of

arriving at a universal proposition after taking into consideration of all the individual

instances of phenomena under investigation.

Induction argument derives a generalized conclusion on the basis of particulars

which are often empirically derived observations. The premise of an inductive argument

makes the conclusion probable, not certain. The inductive approach relies on the

scientific discovery of facts. One characteristic of inductive argument is that it

establishes a conclusion with a content which goes beyond its premise. From the

observation of sample, an inference is made about a whole population. This is called

the ‘inductive leap’, jumping from the premise, which relates to an observed sample, to

the conclusion which concerns with entire population. The greater the number of

representative units in the premise of observed in the sample, the smaller is the

inductive leap. The premise of a heap of fats. Better than either the spider or an ant is

the bee, which selectively gathers pollen and transforms it into honey. To be a bee, one

has to mingle both induction and deduction in intricate way.

The combination of induction and deduction is necessary for obtaining true

knowledge because the testing of the truth or validity of a set of propositions depends

upon demonstrating that the consequences deduced from those propositions are

observable.

Through observations and inductive reasoning we accumulate knowledge

consisting of facts, concepts and empirical generalizations. This is not necessarily true

knowledge. The next step makes use of deductive reasoning. In this step a theoretical

model is constructed from known generalizations and other assumptions, the

hypotheses are deduced from the mode, Hypotheses are propositions  which are

deduced from theoretical models and whose truth has be tested through observation.

The process of constructing the theoretical model and deducing hypotheses from it is

entirely based on reasoning. To complete the study, however, hypotheses have now to

be tested through observation. If the hypotheses are validated then it is to be accepted

that the theoretical model from which the hypotheses have been deduced is also true. It

then becomes part of the theoretical knowledge or true knowledge. Thus we succeed in

acquiring knowledge about the true reality through an investigation of the empirical

reality.

The above approach of study starts with induction, is followed with deduction and

then ends up, again with induction. Studies need not always begin with observation. If

there are already a sufficient number of tested propositions, one can straightaway

formulate a theoretical model and deduce hypotheses and then test the hypotheses with

observation. This approach of study starts with reasoning (deduction) and ends up with

observation (induction). However, in either of these approaches both induction and

deduction are involved.

Thursday, September 24, 2015

PROPOSED AMENDMENT IN THE PREVENTION OF CORRUPTION ACT, 1988:

PROPOSED AMENDMENT IN THE PREVENTION OF CORRUPTION ACT, 1988:

Prevention of Corruption (Amendment) Act, 2009

CHAPTER III
Section 7A: Public servant taking gratification other than legal remuneration in respect of an act done within the Parliament: Whoever, being , or expecting to be a public servant accepts or obtains or agrees, to accept or attempts to obtain from any person , for himself or for any other person, any gratification whatever, other than legal remuneration for the purpose of vote given by him within the Parliament or for even asking questions inside the Parliament with any Member of Parliament or the Legislature of any State referred to in clause (c) of Section-2 , or with any public servant, whether named or otherwise, shall be punishable with imprisonment which shall be not less than 1 year but which may extend to 5 years and shall also be liable to fine.

Section 10A: Punishment for abetment by public servant of offences defined in Section 7A: Whoever, being a public servant, in respect of whom, either of the offences defined in Section 7A is committed, abets the offence, whether or not that offence is committed in consequence of that abetment shall be punishable with imprisonment for a term which shall be not less than one year but which may extend to five years and shall also be liable to fine.

CHAPTER V
Sanction for Prosecution and other Miscellaneous Provisions
19. Previous sanction necessary for prosecution-   (1) No Court shall take cognizance of an offence punishable under Sections 7, 7A, 10, 11, 13 and 15 alleged to have been committed by a Public Servant except with the previous sanction.-
(a)               In the case of a person who is employed in connection with the affairs of the Union and is not removable from his office save by or with the sanction of the Central Government , of that Government;
(b)              In the case of a person who is employed in connection with the affairs of a State and is not removable from his office save by or with the sanction of the State Government, of that Government;
(c)               In the case of any other person, of the authority competent to remove him from his office.
(2)        Where for any reason whatsoever any doubt arises as to whether the previous sanction as required under sub-section (1) should be given by the Central Government or the State Government or any other authority, such sanction shall be given by that Government or authority which would have been competent to remove the public servant from his office at the time when the offence was alleged to have been committed.


(3) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974).-
(a)               no finding, sentence or order passed by a Special Judge shall be reversed or altered by a Court in appeal, confirmation or revision on the ground of the absence of, or any error, omissions or irregularity in , the sanction required under sub-section (1), unless, in the opinion of that Court, a failure of Justice has in fact been occasioned thereby .
(b)              no court shall stay the proceedings under this Act on the ground of any error , omission or irregularity in the sanction granted by the authority, unless it is satisfied that such error , omission, or irregularity has resulted in a failure of justice;
(c)               no Court shall stay the proceedings under this Act on any other ground and no Court shall exercise the powers of revision in relation to any interlocutory order passed in any inquiry, trial , appeal or other proceedings.
(4) In determining under sub-section (3) whether the absence of , or any error, omission or irregularity in , such sanction as occasioned or resulted in a failure of justice the Court shall have regard to the fact whether the objections could and should have been raised at any earlier stage in the proceedings.
Explanation.-  For the purposes of this section.-
(a)   error includes competency of the authority to grant sanction;
(b)  a sanction required for prosecution includes reference to any requirement that the prosecution shall be at the instance of a specified authority or with the sanction of a specified person or any requirement o

PROPOSED AMENDMENT TO THE CONSTITUTION OF INDIA


PROPOSED AMENDMENT TO THE
CONSTITUTION OF INDIA

Article 105 (2): No member of the Parliament shall be liable to any proceedings in any court in respect of anything said [****][1] by him in Parliament or any committee thereof, and no person shall also be liable in respect of the publication by or under any authority of either House of Parliament of any report, papers or proceedings.
Similarly Article 194 (2) has been repealed.
Vote given by the Member of the Parliament shall be dealt according to the provisions of The Prevention of Corruption Act, 1988.





[1] Repealed by the Amendment Act of 2009.