The Administration of Justices

War and administration of justice are two most essential functions of a state. If the state is not incapable of
performing these two functions. It cannot be called a state. Administration of justice implies the maintenance of
peace and order within a political community by means of physical force of the state.

MEANING OF JUSTICE
Justice means the proper administration of law.

DEFINITIONS OF ADMINISTRATION OF JUSTICE

Administration of justice is the protection of individual form the unjust unlawful deeds of other

ACCORDING TO SALMOND
Maintenance of right within the political community by means of physical force of state

ACCORDING TO LOARD BRYCE

There is no better test of excellence of a Government than the Efficiency of its judicial system

ORIGIN AND GROWTH OF ADMINISTRATION OF JUSTICE.

The origin and growth of administration of justice may be divided in to three stages.
FIRST STAGE
First of all the concept of private system of punishment and violent self-help.
SECOND STAGE
When the rise of political states, the private system started to be regulated by the state. The state provided
rules like “an eye for eye” and a “tooth for tooth”. Thus the system of self-help was very much prevalent.
THIRD STAGE
At that stage, the state enacted its own rules and laws and has sub situated the concept of private punishment
by the administration of civil and criminal justice.

NECESSITY OF ADMINISTRATION OF JUSTICE

Administration of justice is important for the following reasons.
 Necessary for uniformity.
 Necessary for protection of rights.
 Necessary for peace and stability.
 Necessary for integration of society.
 Necessary to check injustice.
 Necessary to educate people.
 To promote welfare.
 To promote equity.

KINDS OF JUSTICE
Justice is divided into following kinds
PUBLIC JUSTICE
Public Justice is that which is administrated by the state using its own tribunals and courts. It is the relation
between court and an individual. When a person turns to courts for restitution, he said to demand public justice.
It is granted when a right of an individual, which he has as a member of society, is infringed.
PRIVATE JUSTICE
Private Justice is Justice between individuals. It is the end for which the courts exist and public justice is the
means through which this end is fulfilled.
CIVIL JUSTICE
Civil justice results from the infringement of a private right. If a right of a person is violated and it only concerns
 or directly affects him, it will be death with civil justice.
CRIMINAL JUSTICE
Criminal Justice results from the infringement of a public right. Even if the offence is committed against one
person but the nature of the offence is such that the state steps in and considers it to be an infringement of a
public right.

ADVANTAGES OF ADMINISTRATION OF JUSTICE

 Cohesive factor of society.
 Provides stability.
 Provides certainty.
 Provides uniformity.
 Impartiality.
 Represent collective wisdom.
 Security.
 Provides justice.

DISADVANTAGES OF ADMINISTRATION OF JUSTICE

 Rigidity.
 Complexity.
 Formalities.
 Justice according to law.

CONCLUSION
In the end we can say that administration of justice is the firmest pillar of the Government. The modern
administration of justice is a natural corollary to the growth in power of political state, which began to act as a
judge to assess liability and impose penalty.

Ownership in jurisprudence
Jurists have defined ownership in different ways. All of them accept the right of ownership as the complete or
supreme right that can be exercised over anything. Thus, according to Hibbert ownership includes four kinds of
rights within itself.
 Right to use a thing
 Right to exclude others from using the thing
 Disposing of the thing
 Right to destroy it.
Austin’s definition
Austin while defining ownership has focused on the three main attributes of ownership, namely, indefinite user,
unrestricted disposition and unlimited duration.
 Indefinite User
 Unrestricted Disposition
 Unlimited Duration
The abolition of Zamindari system India , the abolition of privy purses, nationalization of Bank etc. are some
example of the fact that the ownership can be cut short by the state for public purpose and its duration is not
unlimited.
Austin’s definition has been followed by Holland. He defines ownership as plenary control over an object.
According to him an owner has three rights on the subject owned
 Possession
 Enjoyment
 Disposition
 Planetary control over an object implies complete control unrestricted by any law or fact. Thus, the criticism
levelled against Austin’s definition would apply to that given by Holland in so far as the implication of the term
“plenary control” goes.
Salmond’s Definition:
According to the Salmond ownership vests in the complex of rights which he exercises to the exclusive of all
others. For Salmond what constitute ownership is a bundle of rights which in here resides in an individual.
Salmond’s definition thus point out two attributes of ownership:
 Ownership is a relation between a person and right that is vested in him
 Ownership is incorporeal body or form

MODERN LAW AND OWNERSHIP

Under modern law there are the following modes of acquiring ownership which may be broadly classed under
two heads,viz,.
Original mode
Derivative mode
The original mode is the result of some independence personal act of the acquire himself. The mode of
acquisition may be three kinds
 Absolute when a ownership is acquired by over previously ownerless object
 Extinctive, which is where there is extinctive of previous ownership by an independence adverse act on the
part of the acquiring. This is how a right of easement is acquiring after passage of time prescribed by law.
 Accessory that is when requisition of ownership is the result of accession. For example, if three fruits, the
produce belongs to the owner unless he has parted with to the same. When ownership is derived from the
previous version of law then it is called derivate acquisition. That is derived mode takes place from the title
of s prior owner. It is derived either by purchase, exchange, will, gift etc.Indian Transferee Acts of property
rules for the transfer of immovable property, Sale of goods Acts for the transfer of property of the firm and
the companies Act for the transfer of company property.

SUBJECT MATTER OF OWNERSHIP

Normally ownership implies the following:
 The right to manage
 The right to posses
 The right to manage
 The right to capital
 The right to the income

CHARACTERISTICS OF OWNERSHIP
An analysis of the concept of ownership, it would show that it has the following characteristics:
-Ownership may either be absolute or restricted, that is, it may be exclusive or limited. Ownership can be
limited by agreements or by operation of law.The right of ownership can be restricted in time of emergency. An
owner is not allowed to use his land or property in a manner that it is injurious to others. His right of ownership
is not unrestricted.The owner has a right to posses the thing that he owns. It is immaterial whether he has
actual possession of it or not. The most common example of this is that an owner leasing his house to a tenant.
Law does not confer ownership on an unborn child or an insane person because they are incapable of
conceiving the nature and consequences of their acts. Ownership is residuary in character. The right to
ownership does not end with the death of the owner; instead it is transferred to his heirs. Restrictions may also
be imposed by law on the owner’s right of disposal of the thing owned. Any alienation of property made with the
intent to defeat or delay the claims of creditors can be set aside.

KINDS OF OWNERSHIP
There are many kinds of ownership and some of them are corporeal and incorporeal ownership, sole
ownership and co-ownership, legal and equitable ownership, vested and contingent ownership, trust and
beneficial ownership, co- ownership and joint ownership and absolute and limited ownership.

Corporeal and Incorporeal Ownership

Corporeal ownership is the ownership of a material object and incorporeal ownership is the ownership of a
right. Ownership of a house, a table or a machine is corporeal ownership. Ownership of a copyright, a patent or
a trademark is incorporeal ownership. The distinction between corporeal and incorporeal ownership is
connected with the distinction between corporeal and incorporeal things. Incorporeal ownership is described as
ownership over tangible things. Corporeal things are those which can be perceived and felt by the senses and
which are intangible. Incorporeal ownership includes ownership over intellectual objects and encumbrances.

Trust and Beneficial Ownership

Trust ownership is an instance of duplicate ownership. Trust property is that which is owned by two persons at
the same time. The relation between the two owners is such that one of them is under an obligation to use his
ownership for the benefit of the other. The ownership is called beneficial ownership. The ownership of a trustee
is nominal and not real, but in the eye of law the trustee represents his beneficiary. In a trust, the relationship
between the two owners is such that one of them is under an obligation to use his ownership for the benefit of
the other. The former is called the trustee and his ownership is trust ownership. The latter is called the
beneficiary and his ownership is called beneficial ownership.

Legal and Equitable Ownership

Legal ownership is that which has its origin in the rules of common law and equitable ownership is that which
proceeds from the rules of equity. In many cases, equity recognizes ownership where law does not recognize
ownership owing to some legal defect. Legal rights may be enforced in rem but equitable rights are enforced in
personam as equity acts in personam. One person may be the legal owner and another person the equitable
owner of the same thing or right at the same time.

The equitable ownership of a legal right is different from the ownership of an equitable right. The ownership of
an equitable mortgage is different from the equitable ownership of a legal mortgage.

There is no distinction between legal and equitable estates in India. Under the Indian Trusts Act, a trustee is
the legal owner of the trust property and the beneficiary has no direct interest in the trust property itself.
However, he has a right against the trustees to compel them to carry out the provisions of the trust.

Vested and Contingent Ownership

Ownership is either vested or contingent. It is vested ownership when the title of the owner is already perfect. It
is contingent ownership when the title of the owner is yet imperfect but is capable of becoming perfect on the
fulfillment of some condition. In the case of vested ownership, ownership is absolute. In the case of contingent
ownership it is conditional. For instance, a testator may leave property to his wife for her life and on her death
to A, if he is then alive, but if A is dead to B. Here A and B are both owners of the property in question, but their
ownership is merely contingent. It must, however, be stated that contingent ownership of a thing is something
more than a simple chance or possibility of becoming an owner. It is more than a mere spes acquisitionis. A
contingent ownership is based upon the mere possibility of future acquisition, but it is based upon the present
existence of an inchoate or incomplete title.

Sole Ownership and Co-ownership

Ordinarily, a right is owned by one person only at a time. However, duplicate ownership is as much possible as
sole ownership. When the ownership is vested in a single person, it is called sole ownership; when it is vested
in two or more persons at the same time, it is called co-ownership, of which co-ownership is a species. For
example, the members of a partnership firm are co-owners of the partnership property. Under the Indian law, a
co-owner is entitled to three essential rights, namely
 Right to possession
 Right to enjoy the property
 Right to dispose

Co-ownership and Joint Ownership

According to Salmond, “co-ownership may assume different forms. Its two chief kinds in English law are
distinguished as ownership in common and joint ownership. The most important difference between these
relates to the effect of death of one of the co-owners. If the ownership is common, the right of a dead man
descends to his successors like other inheritable rights, but on the death of one of two joint owners, his
ownership dies with him and the survivor becomes the sole owner by virtue of this right of survivorship.

Absolute and Limited Ownership

An absolute owner is the one in whom are vested all the rights over a thing to the exclusion of all. When all the
rights of ownership, i.e. possession, enjoyment and disposal are vested in a person without any restriction, the
ownership is absolute. But when there are restrictions as to user, duration or disposal, the ownership will be
called a limited ownership. For example, prior to the enactment of the Hindu Succession Act, 1956, a woman
had only a limited ownership over the estate because she held the property only for her life and after her death;
the property passed on to the last heir or last holder of the property. Another example of limited ownership in
English law is life tenancy when an estate is held only for life.

Possession in jurisprudence

Possession is very difficult to define in English Jurisprudence. But it very important topic. Human life and
society would become impossible without retention and consumption of material and non-material things. Food,
clothes, tools, etc. are essential items to use. We get hold over the first to claim possession. It is not just
acquisition of things but it is continuing claim for use of them. It may be legal or illegal.
How the possession is acquired:
Following are some points which can be referred to acquire or loss the ownership:
 Possession itself is evidence being owner. Pen in my hand is evidence being owner, regardless legally or
illegally.
 The person in possession is presumed to be the owner. A house in my possession is presumed my
ownership along-with all the things lying in it.
 Anything can be held wrongfully or by fraud.
 Long possession of twelve years confers the title in property, which may belong to others. When a title is
conferred to another even without ownership is acquisition of possession.

Possession is defined as “it is continuing exercise of a claim to the exclusive use of it.” It does not cover
incorporeal possession. Possession is different from ownership but normally possession and ownership lie
together.
How the possession is acquired: Lease, renting out, pledge, mortgage, theft, fraud, and bailment etc. is the
general mode of acquisition of possession. Possession is of two kinds, i.e., possession in fact or de facto and
possession in law or de jure. Some discordance in law and fact occurs. Law something presumes which may
not actually exist. Normally possession in law and possession in fact exist in a person but it may vary.
 Possession in fact or de facto:
It means the possession, which physically exists in term of control over it. It can be seen landlord and tenant
where tenant holds possession of house physically or de facto, but it is not possession in law or de jure.
 Possession in law or de jure:
It is the possession which, in the eyes of law, exists. It may exclude physical control over it. It is also called
constructive possession. A servant may possess car, but in the eyes of law, it is possession of master.
Possession of bailor through bailee is de jure possession on the part of bailor.
 Corporeal and incorporeal possession:
Corporeal possession is the possession of a material or tangible objects, thus it is continuing exercise of a
claim on the use of material or tangible object.
Incorporeal possession is the possession of a non-material or intangible object. Thus it is continuing exercise of
a claim on the use of non-material or intangible object.

There are two essential elements of possession, i.e., animus and corpus.
 Animus is the intent or mental condition or activity or claim of exclusive use of the thing possessed. Cloth at
tailor’s shop is in possession of tailor but he may not intend to exclude the owner or subject of the owner.
Animus may be legal or illegal. The only test is whether the man in possession intends to exclude others or
not. General intent is enough to constitute possession. All books in library, all fishes in net, all sheep in flock,
are subject of intent whether in knowledge or not, thus possessio completes.
 Corpus is second element, which is essential and completes possession. It is objective part of possession.
Both animus and corpus are necessary for possession.
The intent to exclude to others from interfering with the object possessed must be evidenced by physical
facts. If there is no action then no intention is expressed. Pen in my pocket, ring on my finger, or goods in
my home, are corpus of my possession of each of these.

Completion of possession:
 Power of possession: It shows possession. Books or watch in my hand excludes others thus possession is
complete. Things under lock and key are also possession.
 Presence of possession: A person may be feeble and unable to exclude other but his presence may command
respect. Cash in the hand of child is possession.
 Secrecy: Mere knowledge that I have cash in bank, which is exclusive knowledge, is possession.
 Continuing use: I use pen continuously, read book continuously, use of transport continuously, is
possession.
 Customs: In some localities people are not allowed to interfere to other things even presence is not there,
like in Saudi Arabia where people leave their shops remain open and go to offer prayer and no interference
is allowed. It is possession even in absence.
 Respect of rightful claim: In law-abiding societies people do not interfere in the right of other and rightful
claim generally obtain security from general acquisition.

Res nullius
Res nullius means ownerless things or objects. Terra nullius means no man land. A person, who finds lost
goods, while passing on road, e.g., a wallet, being first finder, he has good title against the whole world except
the true owner, even if it is found on another person property without committing trespass. This is the rule. Any
other person who looks at finder of lost goods cannot demand his share from lost goods.If a customer finds a
lost wallet while shopping in a store which is not identifiable, can retain till reasonable time to wait its true
owner. He is obliged to bring this matter into the knowledge of shopkeeper and give him his own address. If
true owner did not come till reasonable time, he will hold title. There are many other things which have no
owner, i.e., gems stone, metal, gold, silver, natural resources, bird, animal, provided these things are found in
way, without committing trespass. Precious stone cannot be held from the area specified by government. Bird
or fish cannot be hunt from the area of property holder. Things cannot be hold from others house. Bird cannot
be hunt, which is prohibited.
There are three exceptions in this rule:
 Owner of the property on which the thing is found is in possession of the thing itself as well as property, or
 If the finder is servant or agent then master or principal has title, or
 Wrongful act does not constitute possession. Trespass is not allowed.
Natural resources in economic zone like water, sea, land etc. belong to government. If treasure comes out from
others property will also belong to government.
 Kinds of corporeal possession:
Immediate possession means direct or proximate possession without agency and mediates possession means
in between or remote possession. It is acquired with agency.
 A being a servant holds something for his master B. A has immediate possession while possession of B is
mediate.
 Where both claim possession, e.g., tenant and landlord.
 In case of bailment, pledge or mortgage, both have claim.
A has exclusive right of possession on his land while right of way over his land is concurrent.

Acquisition of possession:
Possession is acquired when both the animus and corpus are acquired:
 By taking: When someone takes anything, he has possession. It may either be rightful or wrongful
possession.
 By delivery: The thing is acquired by delivery with consents of previous possessor.
 Actual deliveryActual delivery is a kind in which goods are delivered while constructive delivery is the rental
or sold goods.
Persons in Jurisprudence Notes
In an ordinary meaning any living human being either male or female is person. In old Roman law slaves were
not supposed to be person because they were not possessed rights.
In legal term a being who is capable to possess rights and obligation and liabilities is person. All human being
are person. Any being whom law regards as capable of rights and duties.

Kinds of persons
There are two kinds of person in law
 Natural persons
 Legal person
Natural persons
All the human beings are natural persons. The entire male and female are persons. All the living beings which
are recognized as person by state, they are persons in law and persons in fact.
Legal persons
Legal persons are created artificially and law regards them as legal person. They are persons only in the eyes
of law. They are also created by legal fiction so called as fictitious also. They are also called juridical,
conventional, imaginary, and they have rights and obligations as natural person. They can sue and be sued.
Animals
They are no persons because they do not possess rights and obligations. Some people say that they are
persons because law prohibits cruelty to them. They should be treated sympathetically and kindly. But this is
our cultural heritage and the duty of society and not the duty of animals. Rights always correlate with duties.
Since they do not have any duty so no rights and are not persons although in ancient Roman law a rooster was
prosecuted and punished but in modern law master of animals can be sued and punished and not the animals
itself.
Dead human beings
They cease their rights and obligation at the moment they go away from this world and their connection is cut
down. They are immune from duties and not subject of rights. Law recognize the compliance of will, burial
ceremony, no defamation, no desecration of graves, but despite of this fact they are not persons and these
duties lie to their legal heirs or living society members.
Statues of unborn babies
In civil law they can sue after they are born through their next friends or at attaining the age of majority. A child
in womb has certain rights and inherits property. These all things are subject to his living birth.
Following are important points
 He can claim damages after birth, for the injuries he received before birth.
 He can claim compensation for the death of his father or mother in fatal accidents.
 He inherits even his father is died before his birth. He is natural person even his birth is only for a moment.
 A woman cannot be punished after conviction if she is pregnant, till birth of baby.
Kinds of legal persons They are three kinds of Legal Person are as follows
 Institutions are not personified or group of persons but institutions itself are legal persons, such as, mosque,
library, hospital etc.
 CorporationsCorporations are a group or series of persons and natural persons are its members.
 Funds or estatesFunds or estates are used for specific purpose. Property or fund of deceased person for
trust or charity is kind of legal person.

Kinds of Corporation
 Corporation aggregate
Corporation aggregate is a group or collection of persons who become joint to accomplish a task. Even all
members of this corporation die, it will remain live and continue until death by law. Common example of this
corporation is Municipal Corporation or registered company.
 Corporation sole
Corporation sole is series of successive persons or individuals. It consists of only one person at a time like
king, postmaster general, Assistant Commissioner, or Prime Minister. When a person dies, second one
comes, fills in vacancy and performs functions. After death of office holder, for the time being, office
becomes dormant or inactive or goes in sleeping position and as well as other person fills in the position, it
become active.
Title in Jurisprudence Notes
Title is a link between a person and an object to establish ownership of property. A title is the de facto
antecedent of which the right is the de jure consequent. Right of possession on ownership comes in term of de
facto first and later de jure. For example, I have a watch on my hand. How it can be said that it is my, or I have
title over it. I have either purchased it, or someone has gifted me, or I have inherited it from elsewhere. Title is
created even of stolen objects. It is right of ownership in fact and in law over property.

Kinds of Title
There are two kinds of title are as follow
 Investitive factsInvestitive facts create rights. This right is created first time on the objects, which are
ownerless. When I catch fish it is my original title and if I purchase it from elsewhere then it is called
derivative title. Derivative right is second right, which is created after gone away of original right.
 Divestitive factsDivestitive facts are those, which loss or keep away of right is termed as divestitive facts.
 Alienative rightAlienative right is right which is separated or transferable.
 Extinctive rightExtinctive right is right which is kept away or destroyed.