5 Major Differences between Primary Evidence and Secondary Evidence

Essays
5 Major Differences between Primary Evidence and Secondary Evidence are mentioned below: Primary Evidence: 1. Sec. 62 defines primary evidence. ADVERTISEMENTS: 2. Primary evidence means the documents itself produced for the inspection of the court.3. Primary evidence is itself admissible in the Court. Image Source: 185.26.182.2194. At the time of production of the primary evidence the adverse party has no such right.5. The primary evidence is the best evidence. Secondary Evidence: ADVERTISEMENTS: 1. Sec. 63 defines secondary evidence.2. Secondary evidence means:(a) Certified copies;(b) Copies made from the original by mechanical process with accuracy; ADVERTISEMENTS: (c) Copies made from or compared with the original;(d) Counterparts of a document;(e) Oral accounts of the contents of document given by some person.3. When the primary evidence is not available, then only the secondary evidence…
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Five essential elements of partnership in business

Pottery
Essential elements of partnership in business are given below: This definition contains five elements which constitute a partnership, namely: (1) There must be a contract; ADVERTISEMENTS: (2) Between two or more persons; (3) Who agree to carry on a business? (4) With the object of sharing profits; and ADVERTISEMENTS: (5) The business must be carried on by all or any of them acting for all (i.e., there must be mutual agency). All the above elements must coexist in order to constitute a partnership. If any of these is not present, there cannot be a partnership. We now discus these elements one by one: Image Source:electronicsb2b.efytimes.com 1. Contract: Partnership is the result of a contract. It does not arise from status, operation of law or inheritance. Thus at the death of…
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4 Most Important Differences between Judgment in Rem and Judgment in Personam

Law
4 Most Important Differences between Judgment in Rem and ‘Judgment in Personam are given below:Judgment in Rem:1. Meaning: The judgment binds to all men in the world including the parties to the suit. Image Source: familyllb.com ADVERTISEMENTS: 2 Definitions:“The only definition that can properly be given is that is a judgment which binds all men, and not only the parties to the suit in which it was passed, and their privies, and that it belongs to positive law to say that judgments are to be judgments in rem whether for reasons of international community or domestic expediency”. Field. ADVERTISEMENTS: 3. A judgment in rem is conclusive, not only against the parties to it, but also against the entire world.4. There are four instances of judgment in rem:a) Judgments of probate;b)…
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Fifteen essential contents of a partnership deed

Finance
Important points that a Partnership Deed should cover are given below:The document in which the respective rights and obligations of the members of a partnership are set forth is called a ‘partnership deed’. It should be drafted with care and be signed by all the partners. It must be stamped in accordance with the Indian Stamp Act. Each partner should have a copy of the Deed. The firm should be registered and copy of the Deed should be filed at the time of registration with the Registrar of Firms because in the absence of such registration partners cannot enforce the conditions laid down in the Deed through a court of law. Image Source:s3.amasonaws.com ADVERTISEMENTS: The Deed should cover the following points:(i) The name of the firm and the names and…
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9 Major Differences between May Presume and Shall Presume

Essays
9 Major differences between “May Presume” and “Shall Presume” are listed below: May Presume: 1. The word “may” itself denote ‘expressing or seeking permission’. Example: “May I come in, Sir.” Giving the permission depends upon the discretion of the teacher or boss, as the case may be. “May presume” is based upon this concept.2. The first clause of Sec. 4 of the Evidence Act defines “may presume”. ADVERTISEMENTS: 3. According to the first clause of Sec. 4, whenever it is provided by this Act that the Court may presume a fact,—(i) It may either regard such fact as proved, unless and until it is disproved; or(ii) It may call for proof of it.4. The word provided in the first clause is weaker than the word directed in the second clause.…
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Seven important consequences of dissolution of a partnership firm

Trade
Important consequences of dissolution are listed below:1. Continuing liability of partners after dissolution (Sec. 45):Notwithstanding the dissolution of a firm, the partners continue to be liable as such to third parties for any act done by any of them which would have been an act of the firm if done before the dissolution, until public notice is given of the dissolution. ADVERTISEMENTS: The notice may be given by the firm or any partner. It must be given to the Registrar of Firms, in case of registered firms, in the local Official Gazette and in at least one vernacular newspaper circulating in the district where the firm’s principal place of business is situated (Sec. 72).In the absence of public notice of dissolution, however, the estate of a partner, who dies, or…
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What is the Relationship between Productivity and Quality? – Explained!

Industry
When quality increases, the productivity also improves. This is because wastes and rework are reduced, and inputs are optimally utilized. Higher productivity enables an organization to reduce price and gain competitive advantage both in terms of price and quality. Customers also feel happy as they get value for their money. Since organization’s bottom line improves, it raises the satisfaction level of all stakeholders, including employees.The significance of cost of quality has been discussed, while explaining the ISO certification requirements. Saving the cost of quality will have an immediate effect on the enhanced productivity of an organization. All these establish that quality and productivity are indirectly related.Thus, productivity should not now be misconstrued as labour performance alone. It is the sum total of efficiency and, therefore, linking productivity to wages should…
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Nine differences between a promissory note and a bill of exchange

Essays
The points of distinction between a promissory note and a bill of exchange are as follows:1. Number of parties:In a promissory note there are two parties the maker of the note and the payee. In a bill of exchange there are three parties the drawer, the drawee and the payee. ADVERTISEMENTS: 2. The maker of a note cannot be the payee. In the case of a promissory note the maker cannot be the payee for the simple reason that the same person cannot be both the promisor and the promisee. But in a bill of exchange the drawer and the payee may be one and the same person as where a bill is drawn “Pay to me or my order.” Image Source: image.slidesharecdn.com3. Promise and order: ADVERTISEMENTS: In a promissory…
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Ten differences between a cheque and a bill of exchange

Essays
Although a cheque, being a species of a bill of exchange must satisfy almost all the essentials of a bill, e.g., signed by the drawer, containing an unconditional order to pay a certain sum of money, to the order of a person or the bearer, etc., yet there are few points of difference between the two, namely: 1. A cheque is always drawn on a banker, while a bill may be drawn on any person, including a banker. 2. A cheque can only be drawn payable on demand, whereas a bill may be drawn payable on demand or on the expiry of a certain period after date or sight. Image Source: edu.uwo.ca ADVERTISEMENTS: 3. A cheque drawn ‘payable to bearer on demand’ is valid but a bill drawn ‘payable to…
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Seven important kinds of endorsements

Marriage
Important kinds of endorsements are given below:1. Blank or genera endorsementl: If the endorser signs his name only and does not specify the name of the endorsee, the endorsement is said to be in blank Sec. 16(1). The effect of a blank endorsement is to convert the order instrument into bearer instrument (Sec. 54), which may be transferred merely by delivery. Image Source: images.wisegeek.com ADVERTISEMENTS: 2. Endorsement in full or special endorsement:If the endorser, in addition to his signature, also adds a direction to pay the amount mentioned in the instrument to, or to the order of, a specified person the endorsement is said to be in full [Sec. 16(1)].If, for example, A, the holder of a bill of exchange, wants to make an endorsement in full to B, he…
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