- Absolute enactment Vs directory enactment. - When a statute is passed for the purpose of enabling something to be done, and prescribed the way in which it is to be done, it may be either an absolute
- Ajoy Kumar Ghose Vs State of Jharkhand and Another Respondent-18/03/2009. - Difference between Proceeding instituted on Police report and Proceeding instituted otherwise than police report
- Amin vs Surveyors: Difference between - Whether the qualifications, the duties discharged by the surveyors and Amins are same and identical so as to treat the Amins at par with that of the surveyors? The Technical Rules
- Arbitration agreement Vs Agreement for decision by an expert - In the case of K.K. Modi v. K.N. Modi, (1998) 3 SCCSCC Supreme CourtSupreme Court The Court of last resort. Supreme Court of India (26/01/1950), Supreme Court of USA (1798), Supreme Court of UK (1/10/2009), Supreme Court of Canada (1949), International Court of Justice (22/05/1947), > Supreme Court Network Cases 573, a Bench of this Court (of which one of us was a member) had the
- As between civil and criminal proceedings, the criminal matters should be given precedence. - M.S. SHERIFF Vs. THE STATE OF MADRAS AND OTHERS -The criminal matters should be given precedence. There is some difference of opinionOpinion A judge's written explanation of a decision of the court. In an appeal, multiple opinions may be written. The court’s ruling comes from a majority of judges and forms the majority opinion. A dissenting opinion disagrees with the majority because of the reasoning and/or the principles of law on which the decision is based. A concurring opinion agrees with the end result of the court but offers further comment possibly because they disagree with how the court reached its conclusion. in the High CourtsHigh Court High Court Judges in England and Wales handle complex and tough cases, sitting in London and traveling to court centers around the country. They preside over serious criminal and important civil cases, and support the Lord and Lady Justices in hearing appeals. High Court Judges are commonly referred to as ‘Mr/Mrs/Ms Justice surname’ and are given the prefix ‘The Honourable’. They are assigned to the King’s Bench Division, the Family Division, or the Chancery Division. The King’s Bench Division focuses on civil wrongs and judicial review, the Family Division deals with family law, and the Chancery Division handles various cases including company law and probate. Judges are appointed through a rigorous process overseen by the Judicial Appointments Commission. of IndiaIndia Bharat Varsha (Jambu Dvipa) is the name of this land mass. The people of this land are Sanatan Dharmin and they always defeated invaders. Indra (10000 yrs) was the oldest deified King of this land. Manu's jurisprudence enlitened this land. Vedas have been the civilizational literature of this land. Guiding principles of this land are : सत्यं वद । धर्मं चर । स्वाध्यायान्मा प्रमदः । Read more on this point. No hard and fast rule can be laid down but we do not consider that the possibility of conflicting decisions in the Civil and Criminal Courts is a relevant consideration. The law envisages such an eventuality when it expressly refrains from making the decision of one Court binding on the other, or even relevant, except for certain limited purposes, such as sentence or damages. The only relevant consideration here is the likelihood of embarrassment - SUPREME COURT [1954]
- Breach of contract vs the offence of cheating - In determining the question it has to be kept in mindConciousness Through it, a living being exists. It exists even at the molecular level. MindConciousness Through it, a living being exists. It exists even at the molecular level. Mind is not able to control it. The mind is an internal organ that exists separate from consciousness. The mind (depending on bio-electricity) can not work without memory and information, but consciousness can. Dreams come from consciousness. Read: Mind is man. is not able to control it.
- Civil wrong vs criminal wrong - Distinction between civil wrong and criminal wrong as has been succinctly held by this Court in Devendra v. State of U.PUttar Pradesh Ancient Aryavarta Region (आर्यावर्त) > District Agra Aligarh Ambedkar Nagar Amethi Amroha Auraiya Ayodhya (Saket) Azamgarh Baghpat Bahraich Ballia Balrampur Banda Barabanki Bareilly Basti Bhadohi Bijnor Budaun Bulandshahar Chandauli Chitrakoot Deoria Etah Etawah Farrukhabad Fatehpur Firozabad Gautam Buddha Nagar Ghaziabad Ghazipur Gonda Gorakhpur Hamirpur Hapur Hardoi Hathras Jalaun Jaunpur Jhansi Kannauj Kanpur Dehat Kanpur Nagar Kasganj Kaushambi Kushi Nagar Lakhimpur Kheri Lalitpur Lucknow (Capital) Maharajganj Mahoba Mainpuri Mathura Mau Meerut Mirzapur Moradabad Muzaffar Nagar Pilibhit Pratapgarh Prayagraj Raebareli Rampur Saharanpur Sambhal Sant Kabir Nagar Shahjahanpur Shamli Shravasti Siddharth Nagar Sitapur Sonbhadra Sultanpur Unnao Varanasi ., (2009) 7 SCCSCC Supreme Court Cases 495, relevant part thereof is reproduced herein
- Difference between “murder” which is not an accident and “murder” which is an accident - In Rita Devi v. New IndiaIndia Bharat Varsha (Jambu Dvipa) is the name of this land mass. The people of this land are Sanatan Dharmin and they always defeated invaders. Indra
- Difference between a Khula divorce and a Mubara’at divorce - The difference between a khula divorceDivorce The lawful thing Allah hates most is divorce. (Abu Dawud) and a mubara'at divorce is that in khula the wife desires the divorce and initiates it, while in mubara'at both spouses desire the separation. Mulla, p. 265. The Hanafi school believes that all adult females have the exclusive right to enter into a khula. Ameer Ali, p. 469. 'Wife's right to khula is parallel to the man's right of talaq. Like the latter the former too is unconditional. It is indeed a mockery of the Shariat that we regard khula as something depending either on the consent of the husband or on the verdict of the qazi. The law of Islam is not responsible for the way MuslimMuslim A community gathered around Muhammad (d. 632 CE) and confessed that Muhammad was the last of Prophets and he received Quran through Zibreel Farista from Allah. Hadith of Sahih Bukhari faithfully recorded the commands of Muhammad. He acknowledged the contribution of Jesus to the Abrahamic Religion. women are being denied their right in this respect.' Syed Abdul A'la Maududi, in Huquq-uz-Zaujain, 9th ed., Lahore 1964 pp 61, 77-79, translated from Urdu in The Muslim LawLaw Positive command of sovereign or divine. One can be ruled either by a Statute, a Statue, or a Statement. Legislation is the rule-making process by a political or religious organisation. Physics governs natural law. Logical thinking is a sign of a healthy brain function. Dharma is eternal for Sanatanis. Judiciary > Show me the face, and I will show you the law. Some people know how to bend the law rather than break it. of India, 3rd ed., Tahir Mahmood, Lexis Nexis Butterworths: New DelhiNew Delhi Indraprastha, the capital of Emperor Yudhisthira and Pandavas constructed by Mayasura, where Rajasuya Yagna was performed under the guidance of Krishna Dvaipayana and the protection of Vasudeva Krishna in the present-day Raja Ghat area. Prtvi Rajaj was the last Hindu king of Delhi. (2002), p. 99.
- Difference between a tax and a fee - It is well settled that the basic difference between a tax and a fee is that a tax is a compulsory exaction of money by the State or a public authority
- Difference between an award which is executable as decree and award which is required to be made a Rule of Court. - There is a difference between an award which is executable as decree and award which is required to be made a Rule of Court. An award made under ArbitrationArbitration (ADR) A
- Difference between Ayurveda and Maharishi Ayurveda? - Ayurveda: The traditional system of medicineMedicine Refers to the practices and procedures used for the prevention, treatment, or relief of symptoms of diseases or abnormalAbnormal Not normal. Describes a state, condition, or behavior that is unusual or different from what is considered normal. conditions. This term may also refer
- Difference between Child and Minor - In The Child Marriage Restraint Act, 1929 “Child” means a person who, if a male, has not completed twenty-one years of age, and if a female, has not completed eighteen years
- Difference between consequential relief for injunction and further relief for injunction in a Declaratory Suit - C. Mohammad Yunus Versus Syed Unnissa and others- Specific Relief Act, 1877—Section 42—Consequential relief—Adequacy of—Determination of—Suit for declaration with consequential relief for injunction, held to be suit for declaration for further relief.
- Difference between Cultural diversity and Ethnic diversity in the Indian context - Advocatetanmoy Law Library provides a comprehensive overview of Indian culture and its history. It includes books, articles, reports, and other resources related to the various aspects of Indian culture, such as art, literature, music, dance, religionReligion ‘The word ‘Religion’ -Re Legion- A group or Collection or a brigade, is a social-cultural construction and Substantially doesn’t exist. Catholic religion is different from Protestant religion. It is not Dharma., philosophy, and science. It also includes information on the laws, regulations, and policies that govern Indian society. Additionally, it provides insights into the cultural diversity of India, and explores the ways in which different cultures have influenced Indian society over timeTime Where any expression of it occurs in any Rules, or any judgment, order or direction, and whenever the doing or not doing of anything at a certain time of the day or night or during a certain part of the day or night has an effect in law, that time is, unless it is otherwise specifically stated, held to be standard time as used in a particular country or state. (In Physics, time and Space never exist actually-“quantum entanglement”).
- Difference Between ICJ from International Criminal Court and ad hoc international criminal tribunals? - The International Court of Justice has no jurisdictionJurisdiction Authority by which courts receive and decide cases. Limited Jurisdiction: the authority over only particular types of cases, or cases under a prescribed amount in controversy, or seeking only certain types of relief, the District Court is a court of limited jurisdiction. Original Jurisdiction: Jurisdiction of the first court to hear a case. to try individuals accused of war crimes or crimes against humanityHuman Ο άνθρωπος (Humanum> Homo sapiens) मानव:. We have failed to consider the minimum need to be a 'human'. For Christians, human beings are sinful creatures, who need some saviour. For Evolution biology a man is still evolving, for what, we don´t know. For Buddhist Nagarjuna, the realisation of having a human body is a mere mental illusion. We are not ready to accept that a human is a computer made of meat. For a slave master, a human person is another animal, his sons and daughters are his personal property. . As it is not a criminal court, it does not have a prosecutor able to initiate proceedings.
- Difference between Murder and Manslaughter under the USA Law - (a) Murder is the unlawful killing of a humanHuman Ο άνθρωπος (Humanum> Homo sapiens) मानव:. We have failed to consider the minimum need to be a 'humanHuman Ο άνθρωπος (Humanum> Homo sapiens) मानव:. We have failed to consider the minimum need to be a 'human'. For Christians, human beings are sinful creatures, who need some saviour. For Evolution biology a man is still evolving, for what, we don´t know. For Buddhist Nagarjuna, the realisation of having a human body is a mere mental illusion. We are not ready to accept that a human is a computer made of meat. For a slave master, a human person is another animal, his sons and daughters are his personal property. '. For Christians, human beings
- Difference between prorogation of the Legislature and an adjournment of a meeting of the Legislature - A session is the period of time between the meeting of a Parliament, whether after, a prorogation or dissolution, and its prorogation. .... During the course of a session, either House may adjourn itself of its own motion to such date as it pleases. The period between the prorogation of Parliament and its re-assembly in a new session is termed a 'recess'; while the period between the adjournment of either house and the resumption of its sitting is generally called as 'adjourned'.
- Difference between seizing of a document and impounding a document. - A seizure is made at a particular moment when a person or authority takes into his possession some property which was earlier not in his possession. Thus, seizure is done at
- Difference between the practice in the Court of Chancery and in Common Law Courts - ‘Harlock v. Ashberry’, (1881) 19 Ch D 84 (C), which sets out the law obtaining in EnglandEngland In EnglandEngland In England, the Parliament was originally an advisory body summoned to consult with the monarch, and the courts exercised delegated royal powers, as “lions beneath the throne”., the Parliament was originally an advisory body summoned to consult with the
- Distinction between legal insanity and medical insanity - The law regarding insanity/unsoundness of mindConciousness Through it, a living being exists. It exists even at the molecular level. Mind is not able to control it. The mind is an internal
- Distinction between Agreement of Sale and Sale Agreement - In Suraj Lamp & Industries (P) … vs State Of Haryana & Anr on 11 October, 2011 , Supreme courtSupreme Court The Court of last resort. Supreme Court of India (26/01/1950), Supreme Court
- Distinction between “burden of proof” and “onus of proof”. - burden of proofArguments It is not quarreling. It can be divided into Deductive, inductive, and conductive > Functional includes include: “because”, “since”, “for”, and “as”; typical conclusion indicators include “therefore”, “thus”, “hence”, and “so”. पंच अवयव तर्कः प्रतिज्ञा हेतू उदाहरणम् निगमनम् अवयवाः > premises to conclusion or conclusion to premises to Proof something. Proof is a derivation of a conclusion from premises through a valid argument. lies upon a person who has to prove the fact and which never shifts. Onus of proof shifts.
- Distinction between a ‘total disablement’ and ‘total permanent disablement - There exists a distinction between a ‘total disablement’ and ‘total permanent disablement’ as contained in Schedule I, Part I of the 1923 Act. The sufferance of fracture by itself resulting in
- Distinction between a contract of insurance and reimbursement of the liability of the owner of the vehicle under MV Act - Distinction between a contractContract An agreement enforceable by law is a contract. All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void. Indian Contract Act. of insurance and reimbursement of the liability of the owner of the vehicle under MV Act
- Distinction between a Suit under Section 77 of the Registration Act and a Suit for specific performance of a Contract of sale - Scope of a suit under Section 77 of the Registration Act and of the distinction between a suit under Section 77 of the Registration Act and a suit for specific performanceSpecific
- Distinction between an appeal against conviction and acquittal - SUPREME COURTSupreme Court The Court of last resort. Supreme Court of India (26/01/1950), Supreme Court of USA (1798), Supreme Court of UK (1/10/2009), Supreme Court of Canada (1949), International Court of Justice
- Distinction between application for cancellation of bail and appeal preferred against order granting bail - The law in regard to grant or refusal of bail is very well settled. The court granting bail should exercise its discretion in a judicious manner and not as a matter of course.
- Distinction between “law and order” and “public order” - The distinction between “law and order” and “public order” has been pointed out succienctly in Arun Ghosh v. State of West BengalWest BengalWest Bengal Bengal derived its name from Vedik king Vanga (Son of Vali). Banga was part of the Magadha Kingdom of Jarasandha and later Nanda dynasty. After the Garuda Dynasty ( history lost) the region was named Gouda Bhumi. Bengal derived its name from Vedik king Vanga
- Distinction between bail and suspension of sentence - here is a distinction between bail and suspension of sentenceSuspension of Sentence Refer> Bhagwan Rama Shinde Gosai & Ors. v. State of Gujarat [1999] 3 SCR 545 : (1999) 4 SCC 421; Kishori Lal v. Rupa & Ors. [2004] Supp. 4 SCR 628 : (2004) 7 SCC 638; Anwari Begum v. Sher Mohammad & Anr. [2005] Supp. 3 SCR 287 : (2005) 7 SCC 326; Khilari v. State of Uttar Pradesh & Ors. [2009] 1 SCR 543 : (2009) 4 SCC 23; State of Haryana v. Hasmat [2004] Supp. 3 SCR 132 : (2004) 6 SCC 175 . Parivartan Kendra v. Union of India and Others [2015] 12 SCR 607 : (2016) 3 SCC 571 : 2015 INSC 893; Suresh Chandra Jana v. State of West Bengal and Others [2017] 13 SCR 1 : (2017) 16 SCC 466 : 2017 INSC 1296; State of Himachal Pradesh and Another v. Vijay Kumar alias Pappu and Another (2019) 5 SCC 373 : 2019 INSC 377; Deepak Yadav v. State of Uttar Pradesh and Another [2022] 4 SCR 1 : (2022) 8 SCC 559 : 2022 INSC 610; Gian Singh v. State of Punjab and Another [2012] 8 SCR 753 : (2012) 10 SCC 303 : 2012 INSC 419; The State of Jharkhand v. Md. Sufiyan SLP (Crl) No. 1960 of 2022 decided on 16.01.2024; Sahab Alam alias Guddu v. State of Jharkhand and another (2022) SCC Online SC 1874. One of the essential ingredients of Section 389 is the requirement for the appellate Court to record reasons in writing for ordering suspension of execution of the sentence or order appealed.
- Distinction between Civil Law And Common Law - The legal system of a country can be identified as either following Common LawCommon law The legal system that originated in England and is now in use in the United States.
- Distinction between compounding of offences by parties before trial Court or in appeal and exercise of power by High Court to quash prosecution under Section 482 Cr.P.C. on other - There is a subtle distinction between compounding of offences by the parties before the trial CourtTrial court Court of original Jurisdiction > the court which examines the evidences for the first
- Distinction between reference made by civil Court and criminal Court - It is useful to refer the judgmentJudgment The statement given by the Judge on the grounds of a decree or order - CPC 2(9). It contains a concise statement of the case, points for determination, the decision thereon, and the reasons for such decision - Order 20 Rule 4(2). Section 354 of CrPC requires that every judgment shall contain points for determination, the decision thereon and the reasons for the decision. Indian Supreme Court Decisions > Law declared by Supreme Court to be binding on all courts (Art 141 Indian Constitution) Civil and judicial authorities to act in aid of the Supreme Court (Art 144) Supreme Court Network On Judiciary – Portal > Denning: “Judges do not speak, as do actors, to please. They do not speak, as do advocates, to persuade. They do not speak, as do historians, to recount the past. They speak to give Judgment. And in their judgments, you will find passages, which are worthy to rank with the greatest literature….” Law Points on Judgment Writing > The judge must write to provide an easy-to-understand analysis of the issues of law and fact which arise for decision. Judgments are primarily meant for those whose cases are decided by judges (State Bank of India and Another Vs Ajay Kumar Sood SC 2022) of this Court in State of Punjab and Anr. v. Jalour Singh and Ors., (2008) 2 SCC 660. The ratio that decision was that the “award” of the Lok Adalat does not mean any independent verdict or opinion arrived at by any decision making process.
- Distinction between Res-Judicata and Order 2 Rule 2 of the Code of Civil Procedure - Alka Gupta vs Narender Kumar Gupta
- Distinction between resignation and voluntary retirement - The distinction between resignation and voluntary retirement in the following terms: “22. … [quoting RBI v Cecil Dennis Solomon (2004) 9 SCCSCC Supreme Court Cases 461] In service jurisprudenceJurisprudence It is
- Distinction Between Thesis and Dissertation - A thesis (or dissertation) is a formal statement of the theory, source materials, methodology, and findings of a student’s major research project. It must be a complete and sufficient document that does not
- Distinction between two different expressions ‘incidental proceedings’ and ‘supplemental proceedings’ - Supreme CourtSupreme Court The Court of last resort. Supreme Court of India (26/01/1950), Supreme Court of USA (1798), Supreme Court of UK (1/10/2009), Supreme Court of Canada (1949), International Court of Justice
- Distinguish between Legal and Equitable set off. - In a suit for recovery of money, the following to aspect can be pleaded by the Defendant in his written statement . Where a debtor has a cross-claimA ClaimA Claim A claim is “factually unsustainable” where it could be said with confidence before trial that the factual basis for the claim is entirely without substance, which can be the case if it were clear beyond question that the facts pleaded are contradicted by all the documents or other material on which it is based. A claimA Claim A claim is “factually unsustainable” where it could be said with confidence before trial that the factual basis for the claim is entirely without substance, which can be the case if it were clear beyond question that the facts pleaded are contradicted by all the documents or other material on which it is based.
- Endowment private vs Endowment public - The concept of a private endowment or a private trust is unknown to English law where all trusts are public trusts of a purely charitable and religious nature. Thus, under the
- Is there a difference in civil and criminal law on the concept of negligence? - Syad Akbar Versus State of Karnataka-The burden of proving the affirmative, that the defendant was negligent and the accident occurred by his negligences, still remains with the plaintiff; and in such a situation it will be for the Court to determine at the time of judgment whether the proven or undisputed facts, as a whole, disclose negligences.
- Judicial power vs Judicial decision - A quasi judicial decision equally presupposes an existing dispute between two or more parties and involves and but does not necessarily involve and never involves. The place of is in fact taken by administrative action, the character of which is determined by the Minister's free choice
- Prerogative power: the difference between Indian and English Law - We have thus briefly set out the history of the 'genesis and development of the Royal Prerogative of Mercy because Mr. Seervai has strongly emphasised that the Royal Prerogative of Mercy is wide and absolute, and can be exercised at any time.
- Private vs Public Endowment - The principles of law for determination of the question whether an endowment is public or private are fairly well-settled. This Court observed in Deoki Nandan v. Murlidhar, (1956) SCRSupreme Court Reports
- The difference between an earnest money or deposit and an advance - Section 74 of the Indian Contract Act is clearly an attempt to eliminate the somewhat elaborate refinements made under the English common lawCommon law The legal system that originated in England and is now in use in the United States. It is based on court decisions rather than statutes passed by the legislature. in distinguishing between stipulations providing for payment of liquidated damages and stipulations in the nature of penalty.
- The difference between official language, national language and mother tongue-Raj Bhasha, Rashtra Bhasha and Matri Bhasha. - The ConstitutionConstitution The Constitution encompasses the global system of rules governing constitutional authority. Simply reading selected provisions of the written text may be misleading. Understanding the underlying principles, such as federalism, democracy, constitutionalism, the rule of law, and respect for minorities, is crucial. Democratic institutions must allow for ongoing discussion and evolution, reflected in the right of participants to initiate constitutional change. This right entails a reciprocal duty to engage in discussions. Democracy involves more than majority rule, existing within the context of other constitutional values. Therefore, a profound understanding of these principles informs our appreciation of constitutional rights and obligations. Read more of India is careful not to identify a particular language as a national language. But, the Constitution of India does speak of an official language (raj bhasha).
- The difference between the relationship of master and servant and principal and agent. - The difference between the relationship of master and servant and principal and agentAgent An agent is a person employed to do any act for another or to represent another in dealings with third persons. The person for whom such act is done, or who is so represented, is called the principal. Indian Contract Act may be said to be this. A principal has the right to direct what work the agent has to do, but a master has the further right to direct how the work is to be done.
- The distinction between a proceeding which is collusive and one which is fraudulent. - There is a fundamental distinction between a proceeding which is collusive and one which is fraudulent.”Collusion in judicial proceedings is a secret arrangement between two persons that the one should institute
- The distinction between dedication to a Temple and a Mutt - Mutts have generally sadavrats, i.e. arrangements for giving food and shelter to wayfarers and ascetics attached to them. They may have temples to which the public is allowed access. Such circumstances might indicate the public character of the institution. But it is not impossible to have a private mutt, where the endowment is not intended to confer benefit upon the public generally or even upon the member of a particular religious sect or order.
- What distinguishes a Court from a quasiJudicial tribunal - When a question wherefore arises as to whether an authority created by an Act is a Court as distinguished from a quasi-Judicial tribunal, what has to be decided is whether having regard to the provisions of the Act it possesses all the attributes of a Court.
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