Title

Introduction to Title in Law

A title, as defined by Salmond, refers to the legal justification for holding a right or the basis of

holding it. It is the fifth characteristic of a legal right, following subject, object, act, and content. Title

serves as a link between a person and their right, essentially proving one's ownership or entitlement.

Nature of Right

A title is a legal instrument that can be documentary or non-documentary, which proves one's

ownership or right. Without a title, claiming a right is not feasible.

Importance of Title

- *Proves Ownership and Possession*: A title establishes who has a better claim to ownership or

possession.

- *Essential in Property Law*: Titles are crucial in property law, determining the legitimacy of claims

and connections between individuals and their legal rights.

- *Public and Private Law*: Titles play a vital role in both public and private law, establishing the

foundation for legal rights and obligations.

Classification of Titles

Based on Origin

- *Original Title*: Arises originally from a source other than another's title, such as:

- *Intellectual Property Rights*: Copyrights and patents, where the creator or inventor has inherent

rights.

- *First Possession*: Acquiring title through first possession, like discovering unclaimed property.

- *Derivative Title*: Acquired from a previous holder, such as:

- *Succession*: Inheriting property or rights from a predecessor.

- *Lease*: Acquiring temporary rights to property through a lease agreement.

Based on Transfer

- *Alienative Title*: Arises from voluntary transfer based on agreement and consent, such as:

- *Sale*: Transferring ownership in exchange for consideration.

- *Extinctive Title*: Established when earlier rights are extinguished, often involuntarily.

Title in Relation to Possession and Ownership

- *Possession without Title*: Limited rights, such as those of tenants.

- *Title without Possession*: Right to reclaim possession.

- *True Ownership*: Requires both title and possession.

Types of Titles

- *Real Title*: Connected to real property (land, immovable).

- Proven through registry, deeds, and land records.

- Enforced via real actions.

- *Personal Title*: Connected to movable or personal property.

- Based on contracts and possession.

- Enforced through personal actions, claiming damages.

Agreement vs. Contract

- *Agreement*: A mutual understanding or promise between parties.

- *Contract*: An agreement that is enforceable by law.

Types of Agreements

- *Valid Contract*: Meets all essential requirements, including:

- Free consent

- Consideration

- Competent parties

- Lawful object

- Not declared void

- *Voidable Contract*: Enforceable at the discretion of one party, can be rendered void due to:

- Coercion

- Undue influence

- Fraud
 - Misrepresentation

- Mistake

- *Void Contract*: Lacking essential requirements, considered void from the beginning, including:

- Agreements in restraint of marriage

- Agreements in restraint of trade

- Agreements interfering with legal proceedings

- Wagering agreements

- Agreements to perform impossible acts.

Evidence

Definition and Types of Evidence

Evidence is a crucial concept in legal proceedings, enabling courts to make informed decisions

based on facts and testimony. Various legal scholars and acts define evidence in distinct ways.

Definitions of Evidence

- *Salmond's Definition*: Any fact that possesses probative force, meaning one fact creates a

reasonable belief in the existence of another.

- *Phipson's Definition*: Facts, testimony, and documents that can be legally received to prove or

disprove a fact under inquiry.

- *Taylor's Definition*: All legal means, excluding mere argument, that tend to prove or disprove a

fact submitted to judicial investigation.

- *Indian Evidence Act*: Includes all statements permitted or required by the court and documents

produced for inspection.

Key Differences: Evidence and Proof

- *Evidence*: The medium of proof, consisting of facts and testimony presented to support or

disprove a claim.

- *Proof*: The effect of evidence, convincing the mind of the truth or falsehood of a fact.

Types of Evidence

- *Judicial Evidence*: Produced before the court, consisting of facts brought to the court's
knowledge and observation.

- *Extra-Judicial Evidence*: Does not come directly under judicial cognizance but forms an

intermediate link between judicial evidence and the fact requiring proof.

Classification of Evidence

- *Personal Evidence (Testimony)*: Includes all kinds of statements regarded as possessing

probative force, which can be oral or written, judicial or extra-judicial.

- *Real Evidence*: Includes material objects or things believed due to reasons other than someone's

statement.

Primary and Secondary Evidence

- *Primary Evidence*: Immediate evidence of the principal fact, such as a document proving its

contents.

- *Secondary Evidence*: Inferior to primary evidence, including copies of documents or oral

evidence.

Direct and Circumstantial Evidence

- *Direct Evidence*: Testimony relating immediately to the principal fact, perceived by a witness with

their own senses.

- *Circumstantial Evidence*: Relates to a series of facts other than the fact in issue, leading to a

definite conclusion.

Original and Hearsay Evidence

- *Original Evidence*: Possesses independent probative force, stating what the witness has seen or

heard personally.

- *Hearsay Evidence*: Not based on personal knowledge, but rather on another person's statement,

generally not accepted in court.

Rules of Evidence Production

The law of evidence governs the production and valuation of evidence, with rules laid down for

document production and witness examination. These rules aim to avoid unnecessary expense,

delay, and vexation, while also considering public policy.

*Administration of Justice*

The administration of justice refers to the system of laws, institutions, and processes that aim to

maintain social order, protect individual rights, and provide remedies for wrongs. According to

Salmond, law is "a body of rules applied by the state in the administration of justice."

Concept of Justice

Justice is a complex and multifaceted concept that encompasses fairness, equality, and morality. It

involves the protection of individual rights and the promotion of social welfare.

Definitions

Administration of Justice: "Functions carried out by the state to prevail justice."

It is the maintenance of rights within a political community by means of physical force of the state.

Historical Development

1. *Primitive Society*: Self-help and power-based justice, often relying on revenge and retaliation.

2. *Tribes and Families*: Each tribe or family would fight for justice, with revenge being a common

practice.

3. *State*: The state takes over the administration of justice, regulating human behavior through

laws and institutions.

Regulation of Human Attitude

1. *Institutions*: Courts, judges, police, and other law enforcement agencies.

2. *Customs*: Social norms and expectations.

3. *Religion*: Moral guidance and principles.

4. *Social Pressure*: Community influence and peer pressure.

5. *Force*: Sanctions, punishments, and coercion.

Justice Systems

1. *Civil Administration of Justice*: Enforcement of rights, including primary rights and sanctioning

rights.

2. *Criminal Administration of Justice*: Punishment and rehabilitation of offenders.

*Deterrence*: To deter people from committing crimes.

Criticism: May harden criminals and increase crime rates.

*Preventive*: To prevent crimes by incapacitating offenders.

Criticism: May mentally harden criminals and teach them new criminal tactics.

*Reformative*: To rehabilitate offenders and address underlying causes of crime.

Criticism: May be seen as lenient and promote crime.

Conclusion

The administration of justice is a complex system that aims to maintain social order and protect

individual rights. Understanding the different theories of punishment and their limitations is crucial for

effective justice administration.