(a) Murder is the unlawful killing of a human being with malice aforethought. Every murder perpetrated by poison, lying in wait, or any other kind of willful, deliberate, malicious, and premeditated killing; […]
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 Arbitration and Conciliation Act […]
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 opinion in the High Courts of India 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]
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
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 a […]
The difference between official language, national language and mother tongue-Raj Bhasha, Rashtra Bhasha and Matri Bhasha.
The Constitution 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 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 law in distinguishing between stipulations providing for payment of liquidated damages and stipulations in the nature of penalty.
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 agent 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.
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 England on this point. Lush L. J., points out the difference that existed between the practice […]
Difference between “murder” which is not an accident and “murder” which is an accident
In Rita Devi v. New India Assurance Company Ltd., reported in AIR 2000 SC 1930 The question, is can murder be an accident in any given case ? There is no doubt […]
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.
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 of […]
Difference between a Khula divorce and a Mubara’at divorce
Khula literally translates to ‘extinguishment’ in Arabic. See Radd-ul-Muhtar, Vol. II, p. 916. Khula is mentioned in the Quran in Chapter II, verse 229, and in Chapter IV, verse 127. For a […]
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’.
Distinction between “burden of proof” and “onus of proof”.
burden of proof lies upon a person who has to prove the fact and which never shifts. Onus of proof shifts.
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 a […]
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.
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.
Difference between Cultural diversity and Ethnic diversity in the Indian context
Harvard Institute for Economic Research developed the following map, showing the Ethnic Diversity in green areas with a high rate of diversity. India is not an Ethnically diverse but culturally diverse Nation. […]
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.
