What is Custom ??? What is the Requirements of a Valid Local Custom as a Source of Law

What is Custom

The law-making was not the business of the kings. law of the country was to be found in the customs of the people which developed spontaneously according to
circumstances. it was felt that a particular way of doing things was more convenient then others when the same things was done again and again in a particular way, it amused the form of custom. custom is the embodiment of those principles which have commended themselves to the national conscience as the principles of justice and public utility. Custom is a rule of conduct which the governed observed spontaneously and not in pursuance of law set by a political superior. Custom is a generally observed course of conduct.
According to this discussion , here it is very importan to describe that there are also some kinds of custom which are mention now.

Legal Custom:
 A legal custom is one whose legal authority is absolute, one ehich in itself and purpose vigore possesses the force of law. some also kinds of legal custom:
General custom: are those which have the force of law throughout the territory. the common law of England is based upon general customs of the realm.
Local custom: the local custom are those which operate or have the force of law in a particular locality. the authority of a local custom is higher than that of general custom.

Conventional custom:
A custom is one whose authority is conditional on its acceptance and incorporated in the agreement between the parties to be bound by it. there is process by which conventional usage
comes to have the force of law.

Some certain conditions must be satisfied before a Court is entitled to incorporate the usage into contracts:
1-the usage must be so well-established as to be notorious.
2-the usage must be reasonable.
3-usage cannot alter the general law of the land.

for examples, the law of negotiable instruments before it was embodied in the statute, was a part of the law merchant, which is conventional custom.Besides it , there are some requirements of a valid custom which are most important and essential for the society.

Immemorial: a custom to be valid must be proved to be immemorial , a custom in order that it may be legal and binding, must have been used so long that the memory of man
runneth not to the contrary,  so that if anyone can show the beginning of it, it is no good custom.

Reasonable: another essential of a valid custom is that it must be reasonable. the unreasonableness of custom must be so great that its enforcement results in greater
harm thatn if there were no custom at all.

Continuous: a custom must not continuously observed and if it has not been continuously and uninterruptedly observed, he presumption is that it never existed at all.

Peaceable Enjoyment: the enjoyment of a custom must be a peaceable one.
Custom is the source of law and not law itself. customs are not positive laws until their existence is recognized by the decisions of the courts. all custom cannot be attributed to the common consciousness of the people. in many cases, customs have arisen on account of the convenience of the ruling class. customs are not laws when they arise but they are largely adopted into laws by state recognition.

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The Punishment in Our Society According to Law and How it Happens According to Crime and Offence

Punishment in Our Society According to Law

The punishment may be regarded as a method of protecting society by reducing the occurrence of criminal behavior or we can consider it as an end itself. the object of criminal justice in awarding punishment is to deter the people from committing crimes again. punishment is before all things deterrent and the chief end of the law of crime is to make the evil-doer an example and a warning to all that are like minded with him. the commission of every offence should be made a bad bargain for the offender.
The aim of punishment is not revenge but terror. an exemplary punishment should be given to the criminals so that the others may learn a lesson from him. penalty keeps the people under control. excessive harshness of punishment tends to defeat its own purpose by arousing the sympathy of the public towards those who are given cruel punishments. Deterrent punishment is likely to harden the criminal instead of creating in him the fear of law. the punishment loses it horror once the criminal is punished.
In preventive theory , the offenders are disabled from repeating the offences by such punishments. such as imprisonment, death, exile etc. this theory does not
act so much on the motive of the wrong-doer but disables his physical power to commit the offence.An example of preventive punishment is the cancellation of the driving license of a person.
punishment not the revenge but to reform the offender.
The reformative theory: the object of punishment should be the reform of the offender. even if he commits a crime, he does not cease to be a human being. He must be educated
and taught some art of industry during the period of his imprisonment so that he may be able to start his life again after his release from jail. the reformation theory is that if criminals are to be sent to prison to be transformed into good citizens, risons must be turned into comfortable dwelling place. the theory of reformative punishment alone is not suffering and there should be a compromise between the deterrent theory and the reformative theory and the deterrent theory must have the last word.
Compensatory Theory: The object of punishment must be not merely to prevent further crimes but also to compensate the victim of the crime. the contention is that the mainspring of  criminality
is greed and if the offender is made to retun the illgotten benefits of the crime, the spring of criminality would dry up.
Utilitarian Theory: This theory does not highlight or support any particular theory, but is one of the biggest theories for basis of punitive measure. they believe that punishment is an instrument
for reducing crimes no matter from what approach they are adopted. there is no restriction to which theory be applied , the purpose is to achieve good consequences.
  Punishment is also the lesson for reducing or forbidden crimes in future for those who commit or do that offence for their unethical survival and future or we can say
that for the negative purpose to feed their children or fulfill their funfairs means.

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What is legal right? How You Can Solve Your Problem on the Basis of Legal Right in this Reriod

What is legal right

Legal right is one person,s capacity of obliging others to do or forbear by means not of his own strength but by the strength of a third party. if such third party is GOD, the right is Divine. If such third party is the public generally acting  through opinion, the right is moral. If such third party is the stale acting directly or indirectly, the right is legal". the term legal right has been used in two sense.
Firstly, Restricted or Popular sense:  The second is Wider sense:.
Besides it the legal right has many of kinds : like wise

Perfect and imperfect rights: is one which corresponds to a perfect duty for example which if enforced by law, it is perfect right and an imperfect right is that which is
recognized by law but cannot be enforced by law due to some impediment. these may be turn into perfect rights.

Positive Rights: a right corresponds to positive duty and the person  subject to the duty is bound to do something. A" borrows money to B" it is the right of B that A gave money back to B"

Negative Rights: is corresponds to negative duties the enjoyment of negative rights is complete unless such interference takes place. If i have some money in my pocket and i have a negative right against all others not to disturb it.

Real Rights and Personal Rights: a real right corresponds to a duty imposed upon persons in general. it is available against whole world. real rights are generally a negative rights as the duties
which can be expected from the whole world are of a negative character. i have a right not to be deprived of my life is a real right as  it is available against the whole world. Personal rights corresponds to a duty  imposed upon determinate individuals. it is available only against a particular person. i have a personal right to receive compensation from any individual who is any way harms me.

Proprietary Rights: of a person include his estate, his assets and his property in many form. they have some economic or monetary value . they possess both judicial and economic importance.
for example the right to debt, and the right to goodwill etc.

Legal Rights: are those which were recognized by common law courts for example right to vote etc.

Equitable Rights: are those which were recognized by the court of chancery, the right of the mortgagor to redeem the property is regarded as a creation of the courts of equity and is an
equitable right known as the equity of redemption.

Primary Rights: are also called antecedent sanctioned or enjoyment rights. these are those rights which are independent of a wrong having been committed. they exist for their own sake. they are antecedent to be wrongful act or omission. right of reputation, right to life etc.
Secondary rights: are also called sanctioning, restitutory or remedial rights. secondary  rights are a part of the machinery provided by the state for the redress of injury done to the primary rights, their necessity arises on account of the fact that primary rights are very often violated by the persons. for example right to obtain compensation for defamation to person.

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What is Horrors of War and Its Effect on Human Life Now a days

What is Horrors of War

War is not a now thing. man has been fighting since his very arrival on the earth. man is a fighting animal. he has advanced intellectually but emotionally. He is the same.Man is as quarrelsome today as he was thousand of years ago. Only he has found deadlier and speedier weapons of destruction . Killing with stone has given place to killing with guns, bombs and gases etc. The methods of warfare have now undergone tremendous changes. science has placed speedier and deadlier weapons at our
disposal . modern wars are not so much the wars of human beings as of machines. the weapons used in the war are modern and scientific , a large variety of guns is used in the modern war. Then there are tanks and armored cars which work havoc on land. the fighters, sea planes, flying boats are now used for offensive and defensive purposes.Troops carrying planes landing para-troops behind the enemy lines prove very useful in disrupting the transport system of the enemy. the poisonous gases bombs and chemical bombs are also used to kill and maim the population of the cities.

Science has made modern war a wholesale affair of destruction. civilians and soldiers suffer alike. nothing is sacred in the demon of modern war . Houses, churches, temples, mosques, schools and hospitals, are all bombed. Even women and children are not spared. war is the science of destruction . it brings numberless miseries to people. countries people receive injuries. there are many who become crippled and are unable to move through their life. what is held dear by human beings
is destroyed. destruction is to be seen in every field of life.

Trade, business and commerce of the country are shattered within a flash of light. A smiling land of plenty is turned into barren waste. Fields become dry. Crops fail. works of art are destroyed. the philosopher loses his balance of mind and the poet bids good bye to fancy. The musician begins to play with bombs. The educational institutions are closed. the pen is replaced by the sword. the onward march of civilization is arrested. War excites evil passions in human beings. the civilians suffer terribly. large quantities of food are sent to the army camps. the result is that the civil areas suffer from shortage of food. generally, there is a famine during a long war become lax or relax. the very foundations of morality are shaken. Marriage is replaced by free love and illicit relations . poeple resort to black marketing and smuggling. they begin to hoard necessities of daily life. war also creates unemployment in its wake. it produces in the people a sense of insecurity . it gives birth to
inflation . it has rightly been said that war leaves behind an army of crippled and maimed people. we cannot eliminate war as long as man has base feeling due to war.

      In short and in the last it is remember always that war has bad effect after its end time. Because it is never guess that how much destruction will be spread due to war and the wrath of the winner side or countries . The winner siders always stop the activities of the present people and also destroy their culture and educational activities.

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What is an Offer and When Offer Can Be Revoked or Broken

A contract cannot, ordinarily be created by a bare promise or even set of promise. It is essentially a bilateral(of two side or by the two party) transaction which can only  be concluded by the acts of both parties.For its creation , it is necessary that tow or more parties should have reached an agreement and before this can be done, it is ecessary that one party should have stated his terms to the other party. Thus an agreement is made when one party accepts an offer made by the other party.

So the offer or proposal is an initail step towars contract making. A proposal is a suggestion, sometimes a written one. Present for acceptance or refusal or consideration.

Proposal may mean an offer, as of marriage, an introduction and it may also mean an expression of intention or design. An offer sometimes referred. An offer, by one person to another, of terms and conditions with reference to some work or understanding , or for the transfer of property.To constitute a valid proposal the person making it must declare his willingness which extends to almost being a request, a proposal is not complete. Thus an offer is considered to be so only if the person making it manifests his willingness to do or abstain from doing something.

Proposal must contain clear and certain terms laid down by the offeror. If a proposal contains uncertain or ambiguous terms which do not express clearly offeror,s intentions and desires then it cannot be considered a valid proposal.Another important element of a valid proposal or offer is that it should be made with an intention of obtaining the assent of the other party for example the party to whom the offer is being made. An offer must be made with an intention to create legal obligation. If an offer is made without  any intention of entering into a legal relationship with the other party , it would not be a valid offer in the eye of law. let us explain it with the examples: "A" offer "B" to have dinner with him, which "B" accept. This is not an offer made to enter into a legal relation.Whereas when "A" offers to sell his car to "B" for Rs:200000/, he is making an offer with the intention of entering into a legal relationship , having legal obligations.

        Revocation or broken of proposal or offer: Revocation is defined as law , the withdrawal by the oferee of an offer that had been valid until withdrawn. Act or instance of annulling by recalling or taking back. A proposal may be revoked any time before the communication of its acceptance is complete as against the proposer, but not afterwards. Now the question arises when the communication of acceptance is complete as against the prosper. This will be answered by communication of acceptance is complete as against proposer when it is put in course of transmission to him, so as to be  out of the power of the acceptor. The offeror can revoke his offer at any time by sending a notice of revocation to the offeree, before its acceptance. Proposal is a vital and initial step of a contract, it may be express or implied, general or specific but there must be an expression of willingness by one person to another to do something or not to do something with the intention to obtain the assent of the other person to that act or abstinence, having in legal consequences.

Communication of proposal complete when the person to whom it is made, comes to know that . It can be revoked at any time before the acceptance is complete.

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