Questions and Answers on law (Part 67)

Q 1:- What is basic concept of Doctrine of Transferred malice?

Ans:- The doctrine of transferred malice, also known as transferred intent or transferred mens rea, is a legal concept that applies in situations where the intended harm falls on an unintended victim. In essence, the Accused's criminal intent "transfers" to the unintended victim, holding them liable for the harm caused. Here's a breakdown:

Key Points:

• Intention: The perpetrator must have intended to harm someone, even if it wasn't the actual victim.
• Transfer of intent: The accused's intention is "transferred" to the unintended victim who is harmed by the action.
• Application: This doctrine typically applies to serious offenses like murder, assault, and battery.
• Limitations: It's not absolute and has limitations. For example, the unintended harm shouldn't be too remote from the intended harm.

Q 2:- What is basic concept of doctrine of frustration with reference to Indian contract act?

Ans:- The Doctrine of Frustration is a legal concept in contract law that allows for the discharge of contractual obligations when unforeseen events render performance impossible. It is codified in Section 56 of the Indian Contract Act, 1872, which states that agreements to do impossible acts are void, and when a contract becomes impossible or unlawful due to uncontrollable events, the contract is void. The Doctrine of Frustration is an exception to the general rule that obliges parties to honor their contractual promises, providing a means to harmonize the integrity of contracts with equitable considerations. The doctrine applies when the performance of a contract has been frustrated, and the performance of it has become impossible to perform due to any unavoidable reason or condition. The doctrine makes any contract or agreement which is incapable of being performed or becomes so after it is made, void and hence, discharges the parties from their liabilities mentioned in the contract. The Doctrine of Frustration has evolved over time and has been incorporated into Indian law through Section 56 of the Indian Contract Act, 1872.

Q 2:- what is basic concept of decree and order with reference to provisions of Civil Procedure Code?

Ans:- In the context of the Code of Civil Procedure (CPC), a "decree" is the formal expression of an adjudication that conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit. It can be preliminary, final, or partly preliminary and partly final. On the other hand, an "order" is the formal expression of any decision of a civil court which is not a decree. An order may or may not finally determine the rights or legal obligations of the parties. A decree is appealable, while most orders are non-appealable, except those specified in Section 104 and Order 43 Rule 1 of the CPC.

Q 3:- What is rigor mortis?

Ans:- Rigor mortis is a postmortem process characterized by the stiffening of the body's muscles due to chemical changes. It typically begins within a few hours after death, starting in the smaller muscles of the face and then progressing to the larger muscles of the body. Rigor mortis can help in estimating the time of death and ascertaining if the body has been moved after death, as the body's position during rigor mortis is usually the same as at the time of death, unless it has been disturbed. The process generally lasts for about 8-12 hours and then begins to pass. It is an important factor in forensic investigations for estimating the time of death and determining if the body has been moved. 

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