In the constitution, 'Rights' has a great role to play in the sustenance of the democracy. It allows the citizens to express their views, form political parties and participate in the political activities. It also safeguard the interest of minority people. Rights are nothing but the reasonable claims which are accepted by society and approved by the law. Fundamental rights are important for the very existence and development of the citizens. Fundamental Rights are often compared and … [Read more...]

The statute is defined as the will or order of legislature, which is expressed in the form of text. The traditional way to interpret or construe a statute is to understand the intention of the legislature. The intention of the legislature could incorporate the actual meaning and the object. The process of interpretation and construction assist the judiciary body in determining the meaning and purpose of the legislature. Interpretation helps in determining the real meaning and intention of the … [Read more...]

The basic difference between mediation and conciliation is based on the role played by the third party who is selected by the parties seeking a settlement, in consensus. In mediation, the mediator acts as a facilitator who helps the parties in agreeing. Conversely, in conciliation, the conciliator is more like an interventionist who provides probable solutions to the parties concerned, to settle disputes. Alternate Dispute Resolution (ADR) is a dispute resolution method that employs … [Read more...]

The intention is the basic element for making a person liable for the crime, which is commonly contrasted with motive. Though we often use the two terms interchangeably, these are different in the eyes of law. While intention means the purpose of doing something, motive determines the reason for committing an act. The primary difference between intention and motive is that intention specifically indicates the mental state of the accused, i.e. what's going on in his mind, at the time of the … [Read more...]

Litigation implies a method in which dispute between two parties is resolved by going court, for the judgement. However, due to the rigidity and high cost involved in the litigation process, there are instances when parties go to arbitration. Arbitration is a method of settling a dispute between parties wherein an independent person, selected by the parties mutually to decide the case. The basic difference between arbitration and litigation is that court is involved in the case of litigation, … [Read more...]

In general, 'rights' refers to the moral or legal entitlement over something. As per law, rights are considered as the reasonable claim of the individuals which are accepted by the society and approved by statute. It can be fundamental rights or human rights. The rights which are fundamental to the life of the citizens of a country are known as fundamental rights. On the other hand, human rights imply the rights that belong to all the human beings irrespective of their nationality, race, … [Read more...]

Every person has to make the decision once in his/her life, as to who is going to be the ultimate beneficiary of the property, after his/her demise. It is important to determine whose hands will get the property legally, i.e. legal heir or nominee. The two can be the same person, but not in all the cases. A nominee is someone, who is nominated by the deceased person when he/she is alive, to take care of the assets and investments after his/her demise. On the contrary, the legal heir is the … [Read more...]

Summon is a legal notice, issued both in case of civil and criminal proceeding, in which a court orders an individual either to appear or to produce a document before the court, at a stipulated time and place. On the other extreme, a warrant is described as a legal document issued by a judge or magistrate, which empowers a police officer to make an arrest, search or seize premises or undertake any action, concerning the administration of justice. In short, the two legal documents serve the … [Read more...]

On the happening of an incidence, prohibited or punishable by law, such as a civil disagreement between parties to the dispute or criminal activity, the case goes to trial in the law court. The Criminal Code Procedure lists out the rules for arresting, investing and trial of criminal before the courts. In a court trial, the parties to the dispute come together, to present the facts and evidence before the court of law. As per criminal law, all the offences need to be investigated, inquired … [Read more...]

The judiciary wing of the constitution performs a range of functions like dispute resolution, judicial review, enforcing fundamental rights and upholding law. It regulates the common law system of the country. In India, there are various levels of the judiciary which include the Supreme Court, the High Courts and the subordinate courts. The subordinate courts include district courts and tribunals. The first and foremost difference between court and tribunal is that tribunals are subordinate to … [Read more...]