Distinction between a decree passed by a Court having no jurisdiction and a decree of a court which is illegal or not passed in accordance with law.

A decree suffering from illegality or irregularity of procedure, cannot be termed inexecutable by the executing court; the remedy of a person aggrieved by such a decree is to have it set aside in a duly constituted legal proceedings or by a superior court … Read More Distinction between a decree passed by a Court having no jurisdiction and a decree of a court which is illegal or not passed in accordance with law.

Distinction between a suit for cancellation of a deed affecting certain property and a suit for declaration that a particular document is inoperative as against the plaintiff.

There is a clear and well marked distinction between a suit for cancellation of a deed affecting certain property and a suit for declaration that a particular document is inoperative as against the plaintiff. A suit for cancellation must be brought by a person who was a party to the deed or by a person… Read More Distinction between a suit for cancellation of a deed affecting certain property and a suit for declaration that a particular document is inoperative as against the plaintiff.

The distinction between Appeal and Memo of Appeal

In our opinion, making ‘an appeal’ the equivalent of the memorandum of appeal is not sound. Even under O. 41 of the Code of Civil Procedure, the expression “appeal” and “memorandum of appeal” are used to distinct two distinct things. In Wharton’s Law Lexicon, the word “appeal” is defined as the judicial examination of the decision by a higher Court of the decision of an inferior court. The appeal is the judicial examination; the memorandum of appeal contains the grounds on which the judicial examination is invited… Read More The distinction between Appeal and Memo of Appeal

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 require subsidiary information to substantiate its findings. A thesis, commonly required to obtain a master’s degree runs ordinarily 100 pages, is designed to test a… Read More Distinction Between Thesis and Dissertation

Distinction between a ‘total disablement’ and ‘total permanent disablement

KEYWORD:- Motor Accident Claim-compensation There exists a distinction between a ‘total disablement’ and ‘total permanent disablement’ as contained in Schedule I, Part I of the 1923 Act. Sufferance of fracture by itself resulting in shortening of leg to some extent does not come within the purview of the ‘permanent total disablement’ even under the 1923… Read More Distinction between a ‘total disablement’ and ‘total permanent disablement

Distinction between application for cancellation of bail and appeal preferred against order granting bail

KEYWORDS:- CANCELLATION OF BAIL In Union of India Versus Hassan Ali Khan and Another[(2011) 11 SCALE 302] “Section 439(2) Code of Criminal Procedure are concerned, we cannot ignore the distinction between an application for cancellation of bail and an appeal preferred against an order granting bail. The two stand on different footings. While the ground for cancellation of… Read More Distinction between application for cancellation of bail and appeal preferred against order granting bail

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 Court or in appeal on one hand and the exercise of power by the High Court to quash the prosecution under Section 482 Code of Criminal Procedure. on the other. While a Court trying an accused or hearing an appeal… Read More 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

Distinction between reference made by civil Court and criminal Court

KEYWORDS : Legal Services Authorities Act, 1987—Section 21 In K.N. Govindan Kutty Menon Versus C.D. Shaji [(2011) 13 SCALE 232]   14. A statutory support as evidenced in the statement of Objects and reasons of the Act would not only reduce the burden of arrears of work in regular courts, but would also take justice to the door… Read More Distinction between reference made by civil Court and criminal Court

Distinction between an appeal against conviction and acquittal

SUPREME COURT OF INDIA in State of Rajasthan Versus Shera Ram @ Vishnu Dutta[(2011) 13 SCALE 140] 12. There is a very thin but a fine distinction between an appeal against conviction on the one hand and acquittal on the other. The preponderance of judicial opinion of this Court is that there is no substantial difference between an… Read More Distinction between an appeal against conviction and acquittal