01Dec 2018 by admin

4 Most Important Differences between Judgment and Decree

Essays
4 Most Important Differences between “Judgment” and “Decree” are mentioned below: Judgment: 1. Sub-section (9) of Section 2 defines “Judgment”. ADVERTISEMENTS: 2. Rules 1 to 5 of Order-2 deal with judgment.3. Section 33: Judgment and Decree: Image Source: familyllb.comThe Court, after the case has been heard, shall pronounce judgment, and on such judgment a decree shall follow. The judgment contemplates a stage prior to passing of a decree or order.4. There are no such types of judgment. Decree: ADVERTISEMENTS: 1. Sub-section (2) of Section 2 defines “Decree”. .2. Rules 6 to 20 of 0rder-20 deal with decree.3. After the pronouncement of the judgment, a decree shall follow.4. There are five types of decree recognised by the Code,— ADVERTISEMENTS: (a) A preliminary decree;(b) A final decree;(c) A decree which is party…
Read More
01Dec 2018 by admin

Seven important agreements that have been 'expressly declared', to be void by the Indian Contract Act

Trade
The last essential of a valid contract as declared by Section 10 is that it must not be one which is ‘expressly declared’ to be void by the Act. Thus, there arises a question, as to what are ‘expressly declared’ void agreements? The following agreements have been ‘expressly declared’, to be void by the Indian Contract Act:1. Agreements in restraint of marriage (Sec. 26).2. Agreements in restraint of trade (Sec. 27). ADVERTISEMENTS: 3. Agreements in restraint of legal proceedings (Sec. 28).4. Agreements the meaning of which is uncertain (Sec. 29).5. Agreements by way of wager (Sec. 30). ADVERTISEMENTS: 6. Agreements contingent on impossible events (Sec. 36).7. Agreements to do impossible acts (Sec. 56). Image Source:naturallyadvanced.files.wordprss.comAt the very outset, it may be borne in mind that the law declares these agreements…
Read More
01Dec 2018 by admin

7 Important Differences between Public Corporation and a Government Company

Construction
7 Important Differences between Public Corporation and a Government Company are mentioned below: Public Corporation: 1. Public Corporation is an instrument of the State 2. It is created by the statute.3. Once a public corporation is established for certain purpose, it is a very hard to change its sphere and nature of business, unless and until the Parliament or State Legislature amend the original statute. ADVERTISEMENTS: 4. The object of the establishment has some more objectives, such as services.5. Examples: ONGC, RTC, LIC, FCI, Damodar Valley Corpn., etc.6. Prerogative writs can be issued against them.7. Public Corporations are under the control of: Image Source: i.ytimg.com ADVERTISEMENTS: (i) Judicial control;(ii) Governmental control; and(iii) Public control. A Government Company: ADVERTISEMENTS: 1. Section 617 of the Companies Act, 1956 defines a Government company:…
Read More
01Dec 2018 by admin

3 Most Important difference between Necessary and Proper Parties

Essays
3 Most Important difference between Necessary and Proper Parties are listed below: Necessary Party: 1. A necessary party is one whose presence is indispensable to the constitution of the suit, against whom no effective order can be passed. ADVERTISEMENTS: 2. In absence of necessary party, no decree can be passed.3. Example: In a suit for partition, all sharers are necessary parties. Image Source: ourhenhouse.org Proper Party: 1. A proper party is one in whose absence an effective order can be passed, but whose presence is necessary for a complete and final decision on the question involved in the suit.2. In the absence of a proper party a decree can be passed. ADVERTISEMENTS: 3. EXAMPLE: A suit is filed by the house owner against a tenant. The tenant is a necessary…
Read More
01Dec 2018 by admin

5 Most Important Differences between "Reference" and "Revision"

Law
5 Most Important Differences between “Reference” and “Revision” are as follows:Reference:1. Section 113 and Order 46 deal with reference. ADVERTISEMENTS: 2. The object of making a reference is to enable the subordinate courts to obtain the opinion of the High Court in advance on a question of law in non-appealable cases, and thereby to avoid the commission of an error which cannot be remedied later on.3. The case is referred to the High Court by the subordinate Court to that High Court. The party is not entitled to make a reference. Image Source: 185.26.182.2194. The grounds of reference relate to reasonable doubt on a ‘question of law’ ADVERTISEMENTS: 5. It is of consultative nature from subordinate Court to High Court.Revision:1. Section 115 deals with revision.2. The object of revision is…
Read More
01Dec 2018 by admin

6 Most Important differences between Transfer of Shares and Transmission of Shares

Law
6 Most Important differences between Transfer of Shares and Transmission of Shares are: Transfer of Shares: 1. Transfer of Share means a voluntary act by the parties by which the ownership of the shares is transferred from transferor to transferee. ADVERTISEMENTS: 2. Consideration is required for transfer of shares.3. The transferor has to execute a valid deed/instrument in favor of the transferee. Image Source: consumedmediacom.c.presscdn.com4. Prescribed Forms shall have to be submitted to the company.5. In certain circumstances the Board of directors may refuse to affect the transfer. ADVERTISEMENTS: 6. As soon as the transfer is complete, the liability of the transferor ceases Transmission of Shares: 1. Transmission of shares means transfer of ownership of shares by operation of law.2. No consideration is required for transmission of shares.3. No such…
Read More
01Dec 2018 by admin

Three important cases in which an agency becomes irrevocable

Essays
When the authority given to an agent cannot be revoked, it is said to be an irrevocable agency. An agency becomes irrevocable in the following cases: 1. Where the agency is coupled with interest (Sec. 202): Where the agent has himself an interest in the subject-matter of agency, the agency is said to be coupled with interest. Such an agency is created with the object of protecting or securing any interest of the agent. ADVERTISEMENTS: So where a creditor is employed for valuable consideration as an agent to collect rents due to the principal (debtor) for adjusting the amount towards his debt, the principal thereby confers an interest on the agent and the authority cannot be revoked unilaterally during the subsistence of the interest, in the absence of an express…
Read More
01Dec 2018 by admin

Seven implied conditions for the law that incorporates into a contract of sale of goods

Trade
Implied conditions for the law incorporates into a contract of sale of goods are given below:1. Condition as to title [Sec. 14 (a)]:In every contract of sale, the first implied condition on the part of the seller is that, in the case of a sale, he has the right to sell the goods and that, in the case of an agreement to sell; he will have a right to sell the goods at the time when the property is to pass. ADVERTISEMENTS: Ordinarily the seller has the right to sell the goods if either he is the owner of the goods or he is owner’s agent. As a result of this condition, if the seller’s title turns out to be defective the buyer is entitled to reject the goods and…
Read More
01Dec 2018 by admin

Eight important provisions of law under which a non-owner can convey a good title to a buyer

Business
Important provisions of law under which a non-owner can convey a good title to a buyer are as follows:1. An unauthorised sale by a mercantile agent (Sec. 27):A mercantile agent means an agent having in the customary course of business as such agent authority either to sell goods, or to consign goods for the purposes of sale, or to buy goods, or to raise money on the security of goods [Sec. 2(9)]. ADVERTISEMENTS: Thus as a rule a mercantile agent having an authority to sell goods conveys a good title to the buyer. But by virtue of this provision (proviso to Sec. 27) a mercantile agent can convey a good title to the buyer even though he sells goods without having any authority from the principal to do so, provided…
Read More
01Dec 2018 by admin

9 Most Important Differences between Public Document' and Private Document

Communications
9 Most Important Differences between Public Document’ and Private Document are: Public Document: 1. Sec. 74 defines what the Public documents are. ADVERTISEMENTS: 2. All the public documents are kept in some special custody of the authority.3. Certified copies of the Public Documents shall be given to any person demanding it on paying prescribed fee. Image Source: 185.26.182.2194.Public documents are open to inspection to any person.5. Mode of proof: The mode of proving public documents has been provided in Sections from 76 to 78. ADVERTISEMENTS: 6. A public document is one prepared by a Public servant in discharge of his public-official duties.7. Certified copies of the public document can be received in evidence and without proof.8. Examples: Documents forming the Acts, or records of the Act, of the sovereign authority,…
Read More