01Dec 2018 by admin

6 Major Differences between Memorandum of Association and Articles of Association

Management
6 Major Differences between Memorandum of Association and Articles of Association are listed below: Memorandum of Association: 1. It is the fundamental document ADVERTISEMENTS: 2. It is the Charter of the company.3. It dictates external and internal affairs of the company. Image Source: 185.26.182.2194. It has effects on the members as well as the outsiders.5. Ratification: No act can be ratified which is done beyond the memorandum: This is called as “Doctrine of Ultra Vires”. 100% members of the company also cannot ratify such ultra virus acts. ADVERTISEMENTS: 6. The memorandum of association is bound to observe.(a) The provisions of the Companies Act,1956;(b) Any other law in force. Articles of Association: ADVERTISEMENTS: 1. It is the subsidiary document.2. These are me regulations of the company.3. It dictates only internal affairs…
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01Dec 2018 by admin

Difference between Show Cause Notice and Charge Sheet

Essays
Difference between Show Cause Notice and Charge Sheet are given below:A Show Cause Notice is a statement which informs the delinquent employee of the acts alleged to have been committed by him and seeks his explanation in respect of them. It is a fact finding exercise. However it does not strictly indict the employee of any misconduct or contain any statement of charges. ADVERTISEMENTS: A Show Cause Notice enables the Disciplinary Authority to ascertain whether there is any prima facie case for conducting any enquiry into the matter or treat the matter as closed or dispose it with a minor penalty of censure or warning.Whereas a Charge Sheet is a Statement of Imputations/Allegations and contains clearly spelt out charges quoting penal provisions of standing orders or service rules. The Show…
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01Dec 2018 by admin

6 Most Important Differences between Industrial Arbitration and Commercial Arbitration

Government
6 Most Important Differences between Industrial Arbitration and Commercial Arbitration are listed below: Industrial Arbitration: 1. It prevails in the industries.2. It involves the extension of an existing agreement or the making of a new one, or in general the creation of new obligations or modification of old ones. 3. It requires a detailed procedure. [Sec. 10- A)] 4. It may be created at any time, but before the Reference of Dispute made by the Government. 5. Generally, the arbitrators are chosen the Government Officers as the arbitrators. 6. A notification shall be published in the Official Gazette. Image Source: 185.26.182.219 Commercial Arbitration: ADVERTISEMENTS: 1. It prevails in commercial transactions, particularly in contracts, partnership, business, etc. 2. It involves with interpretation of existing obligations and disputes relating to existing agreements.…
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01Dec 2018 by admin

Difference between Defamation of a Judge and Contempt of Court

Law
There is a distinction between the defamation against a Judge in his personal capacity, and a contempt of Court. If a person makes certain defamatory remarks against a Judge in his personal capacity, the aggrieved Judge shall have to sue the contemner in his personal capacity on his own name, but not on his post of Judge.Whereas the defamatory remarks are aimed to interfere with the dignity of the Court and administration of justice, then it would be treated as ‘contempt of Court’. The Court (Supreme Court or High Court) can entertain any petition in that connection treating it as contempt of Court, as was taken as suo motu in Sundaram Case.It is clarified by the Supreme Court in Perspective Publications vs. State of Maharashtra (AIR 1971 SC 221) as…
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01Dec 2018 by admin

Difference between Ethics and Etiquette in Law

Career
Difference between Ethics and Etiquette are mentioned below:Ethics are morals. It is the first stage of polite society. Etiquette is the second stage of polite society, which is formulated into the rules of behaviourial standard in a particular polite society.Ethics are seen in every kind of human life. They are inherent in every religion. Etiquette are the rules of behaviourial standard in a stated polite society, viz. medical etiquette, legal etiquette, etc. ADVERTISEMENTS: Ethics were born in human civilization since the beginning. Every religion preaches morals and ethics to every person to that entire society. Etiquette is restricted to particular kind of profession. Etiquette is nothing but regularization of ethics. Image Source: 185.26.182.219Ethics are nothing but a bundle of habits. Etiquette is nothing but a bundle of rules of ethics.…
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01Dec 2018 by admin

Essay on the Influence of Philosophy on Different Aspects of Education

Education System
1. Philosophy and Aims of Education: Every educational system must have some goal, aims or objectives. These act as guide for the educator in educating the child. In fact, we cannot think of any-process of education without specific aims and objectives. Bode says, “Unless we have some guiding philosophy in the determination of objectives, we get nowhere at all.” These aims of education, in different countries, are determined by the philosophy of the time.It is, therefore, that aims and ideals of education vary with the different philosophers. It is the philosophy of the time which determines whether the aim of education should be moral, vocational intellectual, liberal or spiritual.In the words or Rusk, Image Source: genheration.com ADVERTISEMENTS: “Every system of education must have an aim and the aim of education…
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01Dec 2018 by admin

Short Essay on the Role of Teacher in Realism

Teaching
The realist teacher is of a dual personality. As a realist he recognises all the demands of the realist pupil. He feels that every aspect of teaching should be dominated by reality. His sole aim as a teacher is to place before the pupil the clear, distinct and systematic knowledge of science in an impersonal manner. He will regard knowledge as one and universal. To him it knows no bounds of colour, race and religion. Therefore, the realist teacher would not like to call French or German mathematics.The realist teacher tries to present the knowledge of the subject matter before the pupil in such a way as to make himself one with it. He himself becomes the voice of chemistry and mathematics and speaks in the classroom to ears which…
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01Dec 2018 by admin

Essay on “Realism” (920 Words)

Teaching
Here is your essay on Realism:Aristotle is recognised as the Father of Realism. To understand the philosophy of realism, it is necessary to examine the conditions prevalent in the middle Ages. In the middle Ages the bookish and unreal knowledge was the order of the day in Europe. Consequently there was a wide gap between the real life and education. ADVERTISEMENTS: Secondly, the realistic movement which started from 16th century and developed in the 17th century witnessed great inventions and epoch-making discoveries. Newton’s law of gravitation, Harvey’s theory of blood circulation and Bacon’s formulation of new Scientific Method, all these led to a new spirit of inquiry into the realities of nature.The interest in language and literature begin to wane and people became more interested in man and his environment.…
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01Dec 2018 by admin

Seven exceptions to the rule when an agreement without consideration will be perfectly valid and binding

Construction
Consideration being one of the essential elements of a valid contract, the general rule is that “an agreement made without consideration is void.” But there are a few exceptions to the rule, where an agreement without consideration will be perfectly valid and binding. These exceptions are as follows:1. Agreement made on account of natural love and affection [Sec. 25(1)]:An agreement made without consideration is enforceable if, it is (i) expressed in writing, and (ii) registered under the law for the time being in force for the registration of documents, and is (iii) made on account of natural love and affection, (iv) between parties standing in a near relation to each other. Thus there are four essential requirements which must be complied with to enforce an agreement made without consideration, as…
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01Dec 2018 by admin

3 Main Differences between Limitation and Estoppel

Law
3 Main Differences between Limitation and Estoppel are as follows: Limitation: 1. Limitation is a procedural law. It precludes a person claiming a right to sue after the period of limitation. ADVERTISEMENTS: 2. Limitation does not apply to a matter of defense barring a few exceptions.3. The defense of limitation is open even when the plaintiff’s delay in instituting the suit is due to the conduct of the defendant except where it is fraudulent. Image Source: 185.26.182.219 Estoppel 1. Estoppel is a rule of evidence. It precludes a person from denying the truth of some statement previously made by himself.2. Estoppel may apply to either party. ADVERTISEMENTS: 3. There can be no estoppel against statute. So a person cannot be debarred of the right tc contest the issue of limitation…
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