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.
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.
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
burden of proof lies upon a person who has to prove the fact and which never shifts. Onus of proof shifts.… Read More Distinction between “burden of proof” and “onus of proof”.
Distinction between an incidental proceeding and a supplemental proceeding… Read More Distinction between an incidental proceeding and a supplemental proceeding
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
The legal system of a country can be identified as either following Common Law system or a Civil law system. A rough estimation that around Eighty countries follows common Law system, they prefer judges opinion over the statutes. Common Law Countries based on English Common Law[stare decisis /precedent by courts are binding) The United States… Read More Distinction between Civil Law And Common Law
Distinction between a contract of insurance and reimbursement of the liability of the owner of the vehicle under MV Act… Read More Distinction between a contract of insurance and reimbursement of the liability of the owner of the vehicle under MV Act
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
In Anil Ari Versus State of WEST BENGAL [AIR 2009 SC 1564 ] There is a distinction between bail and suspension of sentence. 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. If he is in… Read More Distinction between bail and suspension of sentence
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
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
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
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
The distinction between “law and order” and “public order” has been pointed out succienctly in Arun Ghosh v. State of West Bengal, (1970) 3 SCR 288 . According to that decision the true distinction between the areas of “law and order” and “public order” is “one of degree and extent of the reach of the… Read More Distinction between “law and order” and “public order”