BAILMENT: LIABILITY OF STATE
INTRODUCTION:
Chapter IX of The Indian Contract Act contains the section relevant to bailment.
According to section 148 of the Indian Contract Act, 1872
"A 'bailment' is the delivery of goods by one person to another for some purpose, upon a contract that they shall,, when the purpose is accomplished, be returned or otherwise disposed off according to the directions of the person delivering them. The person delivering the goods is called the 'bailor'. The person to whom they are delivered is called the 'bailee'.
'That is , if a person is already in possession of the goods of another contracts to hold them as a bailee, he thereby becomes the bailee, and the owner becomes the bailor of such goods although they may not have been delivered by way of bailment' .
Bailment is a technical term of Common Law, though etymologically it might mean any kind of handling over. It involves change of possession. One who has custody without possession, like a servant, or a guest using his host's goods, is not a bailee. But, constructive delivery will create the relation of bailor and the bailee as well as actual.
Pollock and Wright defines bailment as- " Bailment is a relationship sui generis and unless it is sought to increase or diminish the burden imposed upon the bailee by the very fact of bailment, it is not necessary to incorporate it into the law of contract and to prove a
consideration" . And this very definition of bailment was used by the Supreme Court of India in the case of Gujarat v. Menon Mohammad .
Therefore, the following characteristics of bailment can said out to be the essentials:
1. which consists in the delivery of goods;
2. for some purpose;
3. upon a contract;
4. that there shall, when the ...
... middle of paper ...
...of violation of fundamental rights the defense of sovereign immunity cannot be accepted. Therefore, the view as to liability of the state changed in both ways that
• the sovereign immunity cannot be plead in case of violation of fundamental rights and the state is bound by the duties of a bailee in such cases where if an ordinary person is put into the shoes of the state would have same liabilities and duties as of a bailee.
• the state is bound as a bailee in such cases even in the absence of contract for such a purpose. In case where the authorities have acted on mere suspicion and have seized the goods according to the procedure established under criminal procedure code. Then until the final decision of the court is declared the authorities have to act as a bailee of goods and the burden of proof is upon bailee to show that he has exercised reasonable care.
Members of the Communist Party were released into prison after being charged with trying to overthrow the United States Government and each member of the group involved was consequently given a posted bail of $50,000. After appealing the District Court’s decision that $50,000 was a suitable bail considering the Communists crime the case went straight to the Supreme Court where the Supreme Court had to question whether or not the posted bail of $50,000 was considered cruel and unusual by means of the crime committed and the posted bail for other serious felonies. It was the Supreme Court ruling ,in general terms, that determined that the bail of $50,000 given to each member of the Communist Party was cruel and unusual making it unconstitutional. Furthermore, it was in The Supreme Court ruling that forever determined that “a defendant's bail cannot be set higher than an amount that is reasonably likely to ensure the defendant's presence at the trial.” This impacted the meaning of “excessive bail shall not be required” by stating that no bail shall ensure that a criminal must stay in prison until the date of their trial because of an inability to afford the posted
Conclusion: Congress hoped to achieve a greater degree of accuracy in assessing flight and danger of arrestees through establishing the Bail Reform Act of 1984, which set objective guidelines for judicial officers in assessing release conditions including taking into account for the first time the probability an offender will re-offend while on pretrial release. It was also hoped that the Act would bring back the community's trust in bond setting practice. Overall, the benefits of the Bail Reform Act of 1984 do exceed any detriments, but some problems do exist. These problems include the uniformity in the application of the Bail Reform Act of 1984, as well as the interpretation of dangerousness to the community. Through future legislative and executive reform, this Act will go through multiple changes until these issues are addressed.
If you have to wait, make sure that are calm and cooperative. Although this is a difficult time, you need to remember that your behavior can influence your bail. Bail is a way to ensure you will return for your court appearances. How you behave in jail can be reported to the judge. This might influence the bail amount that is eventually ordered.
The principle of bail is basic to our system of justice and its practice as old as English law itself. When the administration of criminal justice was in its infancy, arrest for serious crime meant imprisonment without preliminary hearing and long periods of time could occur between apprehension and the arrival of the King's Justices to hold court. It was therefore a matter of utmost importance to a person under arrest to be able to obtain a provisional release from custody until his case was called. This was also the desideratum of the medieval sheriff, the representative of the Crown in criminal matters,
from arrest through parole, rather than the result of the activities at any single phase. Addressing
Often this notice gets to the bonding company before the bench warrant becomes active. This can give the bond company’s agent a chance to notify you first, and then try to make contact with the person who is about to be labeled a fugitive from justice; adding another charge.
Siegel and Worrall (2014) defined parole as “the planned community release and supervision of incarcerated offenders before the
The history of parole starts back in the days of the 1700’s. It was used as a way for prisoners to basically promise that they would not return because of the same conflicting issues that landed them there. When dealing with parole you need to know the definition of parole. Parole means the conditional release of inmates by a parole board prior to the expiration of their sentence. This in regular words means following guidelines and not coming back to the prison. Some people have
Parole (early release from prison) is often referred to as the back door to the US corrections system. The concept of parole dates back to the establishment of the Elmira Reformatory. The goal of the Elmira Reformatory was to rehabilitate and reform the criminal instead of following the traditional method of silence, obedience, and labor. Parole was originally set up to encourage prisoners to do well, keep their noses clean, and become model prisoners. Once a prisoner had shown rehabilitation and reform they were released prior to the execution of their full sentence.
1. One who has confessed a debt, or against whom judgment has been pronounced, shall have thirty days to pay it in. After that forcible seizure of his person is allowed. The creditor shall bring him before the magistrate. Unless he pays the amount of the judgment or some one in the presence of the magistrate interferes in his behalf as protector the creditor so shall take him home and fasten him in stocks or fetters. He shall fasten him with not less than fifteen pounds of weight or, if he choose, with more. If the prisoner choose, he may furnish his own food. If he does not, the creditor must give him a pound of meal daily; if he choose he may give him more.
In the criminal court, you are looked upon differently because of the conviction. Everyday life will be hard because you can get rejected from jobs, loans, licensing, traveling out the country, and even housing (Messina). Bail reform to let people who have a charges that is not violent and a treat to the community go into program like a house arrest is more fair than to have them sit in a jail til who knows when the trial is. Staying a jail only will only expenditure more tax people money. As the court system is increasingly taking longer and longer to discharge cases due to shrinking budgets and a rollback on available resources, the possibility of a lengthy pretrial detention only increases, inviting the risk of detainees losing jobs, missing social and familial obligations and incurring social stigma (Reese).
This essay considers that the violation of human rights can indeed be address by extraterritorial jurisdiction throw the human rights legal framework, mainly throw treaties as showed jurisprudence.
...s. Agamben’s state of exception, the difference between rights of the citizen and their life, is decided upon by the sovereign (government of a state).
This is one of the most important aspects of the criminal investigation process due to the fact that if the proper procedures aren’t followed, the validity of the case will be jeopardized. The Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) outlines the conditions of which a person can be arrested and detained. A key term in the arresting process is ‘suspicion on reasonable grounds’ as this describes the discretion of the police in making arrests. Although for most arrests, a warrant is needed, police can arrest someone if they genuinely believe that the person is guilty of a crime. After a person has been arrested, they will be detained in a police station and this process is also outlined in the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW). The Act outlines the rights a person who has been detained, such as refreshment periods, and the procedures that the police must follow, this is all done to help protect the rights of citizens. If a person is charged with a crime, they will either be put in remand or be allowed to post bail. Bail, also referred to as conditional freedom, allows a person to retain certain rights, such as spend their time awaiting trial in their home, and this is outlined in the Bail Act 1978 (NSW). Bail is a great example in the criminal trial process achieving justice, as the concept of bail seeks to
Parole comes into effect when someone has been granted early released from prison with certain conditions that they need to adhere. When individuals are granted parole you are assigned a parole officer whose task is your supervision; you are known as the parolee. Similar to probation you are given conditions to follow and you must follow these terms otherwise you can be in violation of your parole which can send you back to prison (Abadinsky, 2012).