Category: 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.…

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…

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…

Every employee covered by the Act is entitled to receive gratuity after he has rendered continuous service for five year or more when his employment is terminated: (i) On his superannuation, or (ii) On his retirement or resignation, or ADVERTISEMENTS: (iii) On his death or disablement due to accident or disease. The qualifying condition of minimum five years continuous service is not necessary where the termination of the employment of any employee is due to death or disablement. For this purpose ‘disablement’ means such disablement as incapacitates an employee for the work which he was capable of performing before the accident or disease resulting in such disablement. In the case of death of an employee, gratuity payable to him is to be paid to his nominee, and if no nomination…

This method, which was introduced in 1917, is the oldest and the most extensively used method for production planning, scheduling and control. The Gantt chart shows the relationship between different activities over a time span. Time frame, expressed either in terms of hours, days, weeks or months is shown on the horizontal or X-axis and activities are plotted against the Y-axis.The time frame or time scale would depend on the nature of operations and activities, which may be determined by the previous experience or an approximation based on which activities may be scheduled and monitored.The charts may be in the form of any of the following: ADVERTISEMENTS: (a) Scheduling or progress charts, which show the sequence of job progress(b) Load charts which show the work assigned to a work group…

Legal provisions regarding wantonly giving provocation with intent to cause riot, if rioting be committed; if not committed under section 153 of Indian Penal Code, 1860.Wantonly giving provocation with intent to cause riot, if rioting be committed; if not committed: ADVERTISEMENTS: Whoever malignantly or wantonly, by doing anything which is illegal, gives provocation to any person intending or knowing it to be likely that such provocation will cause the offence of rioting to be committed, shall, if the offence of rioting be committed in consequence of such provocation, be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both; and if the offence of rioting be not committed, with imprisonment of either description for a term which may extend…

A warrant-case is defined to mean a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years. A summons-case means a case relating to an offence, not being a warrant-case.The code classifies all offences into cognizable and non-cognizable, and the trial procedure into summons-cases and warrant-cases. This division is based on the nature and measure of punishment attached to the offence.It is to be noted that this distinction is distinct and different from the question whether a summons or a warrant would issue in the first instance and whether an offence is cognizable or not. Image Source: image.slidesharecdn.com ADVERTISEMENTS: Thus, a warrant-case is one which is punishable —(a) With death sentence, or(b) A sentence of life-imprisonment, or ADVERTISEMENTS: (c) A sentence…

If any place which is liable to be searched or inspected under this Chapter is closed, the person residing in, or who is in charge of, such a place must, on demand, allow the Officer executing the warrant free ingress into such place and also afford him all reasonable facilities for a search in such place. If no such facilities are afforded, the Officer may effect entrance into such place by breaking open any door or window of the place.Before making any such search, the Officer-in-charge must call upon two or more independent and respectable inhabitants of the locality to witness the search. The search is to be made in the presence of such witnesses, and the list of all the things which are seized in the course of the…

The main points of distinction between S. 145 and S. 147 are as follows:(i) Whilst S. 145 applies to disputes as to possession of land, S. 147 applies to the right as to the use of land or water claimed as an easement or otherwise.(ii) Whereas S. 145 provides for attachment, S. 147 does not contain any such provision, as this deals with abstract rights of the user. ADVERTISEMENTS: (iii) S. 145 requires proof of actual possession, irrespective of the legal right. S. 147, on the other hand, requires the Magistrate to ensure if the right of the actual user appears to exist, irrespective of the legal rights.(iv) Lastly, the provisions of S. 145 are mandatory, whereas those of S. 147 are discretionary. Image Source: brookmanblog.files.wordpress.com

Object: To demonstrate the process of osmosis. Image Source : pacificwater.com.au Requirement: One big beaker or flask, one thistle funnel, strong cane sugar solution, pure water, semipermeable membrane (cellophane), one piece of gummed paper, wax, etc. Principle: “Osmosis is a process in which water or any other solvent flows through a semipermeable membrane from a lower con­centrated solute solution to one of higher concentrated solute solu­tion”. ADVERTISEMENTS: It is simply a case of diffusion, but the movement of solvent usually causes an obvious volume change, whereas the movement of solute has a negligible effect. Procedure: Take a thistle funnel and the piece of a semiper­meable membrane is tied tightly across the button of the thistle funnel and the joint is waxed with melted wax to make it water-tight.Now fill up…