Tularam Vs. State of Madhya Pradesh[ALL SC 2018 MAY]

KEYWORDS:-MURDER-DISTINCTION BETWEEN MURDER AND CULPABLE HOMICIDE EXPLAINED DATE:-May 2, 2018 Section 300 of the IPC explains what is murder and it provides that culpable homicide is murder if the act by which the death is caused is done with the intention of causing death or the act complained of is so imminently dangerous that it … Continue reading Tularam Vs. State of Madhya Pradesh[ALL SC 2018 MAY]

Mangla Ram Vs. The Oriental Insurance Company Ltd. & Ors.[ALL SC 2018 APRIL]

KEYWORDS:-  Motor Accident Claim -Distinction between no-fault liability strict liability- DATE:- April 06, 2018 ACT:-  Section 166 of Motor Vehicles Act Mangla Ram Vs. The Oriental Insurance Company Ltd. & Ors. [Civil Appeal Nos.24992500 of 2018 arising out of SLP (Civil) Nos.2814142 of 2017] A.M. Khanwilkar, J. 1. In the present appeals, the appellant/claimant has challenged … Continue reading Mangla Ram Vs. The Oriental Insurance Company Ltd. & Ors.[ALL SC 2018 APRIL]

Sivakami & Ors. Vs. State of Tamil Nadu & Ors.[ALL SC 2018 MARCH]

KEYWORDS:- DISTINCTION BETWEEN APPEAL AND REVIEW- DATE:- March 12, 2018 The scope of the appellate powers and the review powers are well defined. The power of review under Order 47 Rule 1 of the Code of Civil Procedure, 1908 is very limited and it may be exercised only if there is a mistake or an error … Continue reading Sivakami & Ors. Vs. State of Tamil Nadu & Ors.[ALL SC 2018 MARCH]

Distinction between legal insanity and medical insanity

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

Distinction between a contract of insurance and reimbursement of the liability of the owner of the vehicle under MV Act

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

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 … Continue reading Distinction between a ‘total disablement’ and ‘total permanent disablement

Distinction between bail and suspension of sentence

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

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 … Continue reading 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 … 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

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 … Continue reading 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 … Continue reading Distinction between an appeal against conviction and acquittal

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 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”

Distinction between two different expressions ‘incidental proceedings’ and ‘supplemental proceedings’

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’

Distinction between Res-Judicata and Order 2 Rule 2 of the Code of Civil Procedure

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

Distinction between Agreement of Sale and Sale Agreement

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

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 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