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...]

Judiciary is the organ of the constitution that tends to protect the interest of the citizens. It is the final authority that interprets legal cases and constitutional arrangements. It plays an important role in the enforcement of law and adjudicating upon disputes between citizens, states and other parties. The courts maintain the rule of law in the nation to safeguard the rights. The judges head Courts, i.e. Supreme Court, High Court and other subordinate courts. Judges are not exactly same … [Read more...]

Offence implies an illegal act or a crime. In finer terms, offence entails any act, which is punishable in nature and against which a complaint is registered, with the appropriate authority, i.e. police or magistrate. The offence can be classified as a cognizable offence and non-cognizable offence, wherein the cognizable offence means the one in which the police can arrest the accused without a warrant. On the other hand, the non-cognizable offence can be described as the offence in which the … [Read more...]

In criminal law, FIR or otherwise called as first information report is the report of information that the police receives first in point of time, regarding the commission of the cognizable offence. The term cognizable offence refers to the crime in which the police has the right to arrest the accused without any warrant and can start an investigation. However, in case of a non-cognizable offence wherein, the police neither have the right to arrest any person without a warrant, nor … [Read more...]