Restitution in civil cases are completely separate from any related criminal actions and are the result of a successful civil action brought by a plaintiff. Civil damages are designed to restore the plaintiff's state to their state of being before he or she was wronged. What Is Restitution?
In this article, restitution is perceived as a specific instrument for the enforcement of civil liability and its sanction, in cases where both liability and sanction are a reaction to the unjustified shift of benefit from one party to another. The author examines the most comm...
The amendment made in S. 144 clarifies the position that it is applicable to such cases also where a decree is set aside or modified otherwise than on an appeal. · Under the Code of Civil Procedure (Amendment) Act 1956, the benefit of S. 144 has been enlarged so as to comprise ...
Punitive Damages, for example, are damages assessed against a civil defendant for the purpose of punishing the defendant's conduct, not to provide restitution. Further readings Knapp, Charles L. 1987. Problems in Contract Law: Cases and Materials. Boston: Little, Brown. Shoben, Elaine W., and...
For example, punitive damages refer to damages that are assessed against the civil defendant to punish the conduct of the defendant. Punitive damages are not imposed to provide restitution. When it comes to restitution, there is typically a search for the "unjust factor." In Scotland, restitution...
We believe that each person is made in God’s image and so should be treated humanely; that God has ordained the role of civil government, including the responsibility to protect the safety of citizens, maintain order and respect the rule of law, which is diminished when laws are violated ...
The execution of decree is as per the Rule 32 of Order 21 of the Civil Procedure Code, 1908, whereby, if a respondent has failed to obey such a decree, the court may, in the execution of the same, attach the property of the respondent, and if the respondent fails to comply to the...
An accuse is the mirror-image of an excuse; it consists in an agent's being to blame despite doing no wrong. 4 Moore would diagnose an accuse in certain cases in which a high risk of harm is luckily unrealized, as in this case provided by Thomson: A is about to play Russian ...
Therefore, it is necessary to arrange domestic law and regulation in relation to the ratification of this convention. However, an international agrement is not effective against a state that did not sign it. Ultimately, it is necessary to rely on civil law doctrine. It is related to private ...
Access to the ruling regime, accumulation of land and other assets and engagement in violence hence became central elements of class formation [20]. The remnants of the Hutu society were subordinated and deliberately excluded from the civil service, military forces and the universities. Over time,...