Category: 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…

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…

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…

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…