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 … Continue reading 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 … Continue reading Distinction between Civil Law And Common Law
In National Insurance Co. Ltd.Versus Abhaysing Pratapsing Waghela and OTHERS [AIR 2008 SCW 6178 ] A distinction must be borne in mind between a contract of insurance which has been entered into for the purpose of giving effect to the object and purport of the statute and one which provides for reimbursement of the liability of the … Continue reading 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 … Continue reading 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 … Continue reading 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 … Continue reading 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 … Continue reading 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 … Continue reading 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 … Continue reading 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 … Continue reading Distinction between “law and order” and “public order”
Supreme Court of India in Vareed Jacob vs Sosamma Geevarghese & Ors on 21 April, 2004 The Parliament consciously used two different expressions ‘incidental proceedings’ and ‘supplemental proceedings’ which obviously would carry two different meanings. The expression ‘ancillary’ means aiding, auxiliary; subordinate; attendant upon; that which aids or promotes a proceeding regarded as the principal. … Continue reading Distinction between two different expressions ‘incidental proceedings’ and ‘supplemental proceedings’
In Alka Gupta vs Narender Kumar Gupta on 27 September, 2010 Supreme Court held : Plea of res judicata is a restraint on the right of a plaintiff to have an adjudication of his claim. The plea must be clearly established, more particularly where the bar sought is on the basis of constructive res judicata. The … Continue reading Distinction between Res-Judicata and Order 2 Rule 2 of the Code of Civil Procedure
In Suraj Lamp & Industries (P) … vs State Of Haryana & Anr on 11 October, 2011 , Supreme court Held : 11. Section 54 of TP Act makes it clear that a contract of sale, that is, an agreement of sale does not, of itself, create any interest in or charge on such property. This Court in Narandas … Continue reading Distinction between Agreement of Sale and Sale Agreement
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 performance of a contract of sale. The suit that is contemplated by Section 77 of the Registration Act is one for a decree directing the … Continue reading Distinction between a Suit under Section 77 of the Registration Act and a Suit for specific performance of a Contract of sale
170. We may point out that under the scheme of the Code, a sessions trial is required to be conducted by a Public Prosecutor and not by a counsel engaged by the aggrieved party. 171. In Shiv Kumar , the appellant, who carried the matter to the Supreme Court, was aggrieved, because the counsel, engaged … Continue reading Distinction between the role of Public Prosecutor in a Session Trial vis-a-vis trial in Magisterial Courts
‘Investigation’, it may be noted, has been defined in section 2 (h) of the code. The Supreme Court, in H.N. Rishbud v. State of Delhi, AIR 1955 SC 196, dealt with the definition of ‘investigation’ under the Code of Criminal Procedure, 1898, which is same as under section 2 (h) of the new code, and, … Continue reading Distinction between further investigation and re-investigation
Magistrate’s power to direct ‘investigation’ under section 156(3) vis-a-vis his power to direct ‘investigation’ under section 202. This, in turn, brings us to the question as to what taking of ‘cognizance’, within the scheme of the Code, means, when a Magistrate can take ‘cognizance’ of an offence, or, when can a Magistrate be said to … Continue reading The distinction between investigation directed under section 156(3) vis-a-vis section 202.
Hari Singh Gond Versus State of MADHYA PRADESH [AIR 2009 SC 31 ] Every person, who is mentally diseased, is not ipso facto exempted from criminal responsibility. A distinction is to be made between legal insanity and medical insanity. A Court is concerned with legal insanity, and not with medical insanity. The burden of proof rests on … Continue reading Distinction between legal insanity and medical insanity
31-10-2006 When does a prosecution start- Meaning of Prosecution- In initio’ means in the beginning AIR 2006 SCW 5572 : JT 2006 (9) SC 535 : (2006) 10 SCALE 541 (SUPREME COURT OF INDIA) State, cbi Appellant Versus Sashi Balasubramanian and ANOTHER Respondent (Before : S. B. Sinha And Dalveer Bhandari, JJ.) Criminal Appeal No. … Continue reading Accused would not acquire any immunity only because civil and criminal liabilities have some connection. The connection between the two types of liabilities must be direct and proximate.
Supreme court in State of Rajasthan Versus Shera Ram @ Vishnu Dutta (2011) 13 SCALE 140 There is no embargo on the appellate court reviewing the evidence upon which an order of acquittal is based. Generally, the order of acquittal shall not be interfered with because the PRESUMPTION of innocence of the accused is further … Continue reading Where the prosecution evidence points to the guilt of the accused and the judgment is on the face of it perverse, appeal court may interfere with an order of acquittal
KEYWORDS:-Murder acquittal (2011) 13 SCALE 140 (SUPREME COURT OF INDIA) State of Rajasthan Appellant Versus Shera Ram @ Vishnu Dutta Respondent (Before : Swatanter Kumar and Ranjana Prakash Desai, JJ.) Criminal Appeal No. 1502 of 2005 : Decided On: 01-12-2011 Criminal Procedure Code, 1973—Sections 374 and 378—Appeal—There is very thin but fine distinction between appeal … Continue reading State of Rajasthan Versus Shera Ram @ Vishnu Dutta [All SC 2011 December]
The powers, privileges and immunities of Parliament and its members as provided in Article 105 are that they shall be such as may be defined by Parliament by law, and, until so, defined, shall be those of the House of Commons of the Parliament of the United Kingdom. 78. In Special Reference No. 1 of … Continue reading What is the nature of Parliamentary Previllege ?
The Executive, the Legislature and the Judiciary are all treated under our Constitution with respective spheres. The jurisdiction of this Court and of High Courts under our Constitution is dealt with by Articles under the Heads of the Union Judiciary and the State Judiciary. Under Article 136 any Tribunal or Court is amenable to the … Continue reading In the American and the Australian Constitutions is the judicial power of the State is located in the judiciary. There is no such provision in Indian Constitution.
If the award is erroneous on the basis of record with regard to proposition of law or its application, the Court will have jurisdiction to interfere with the same. Dealing with the similar question, this Court in M/s. Alopi Parshad and Sons Ltd. vs. The Union of India, (1960) 2 SCR 793 observed that the … Continue reading If there was a general reference and not a specific reference on any question of law then the award can be set aside if it is demonstrated to be erroneous on the face of it.
AIR 1995 SC 2001 : (1995) 1 Suppl. SCR 542 : (1995) 4 Suppl. SCC 286 : JT 1995 (5) SC 1 : (1995) 4 SCALE 1 (SUPREME COURT OF INDIA) Most. Rev. P.M.A. Metropolitan and others Appellant Versus Moran Mar marthoma and another Respondent (Before: R. M. Sahai, B. P. Jeevan Reddy And S. … Continue reading Most. Rev. P.M.A. Metropolitan and others Vs Moran Mar marthoma and another [ALL SC 1995 JUNE]