Showing posts with label Difference. Show all posts

Tuesday 3 May 2022

Difference between interpretation and construction of Statute

Vande Matram! Interpretation of Statute is very important skill which every law professional must possess. Hence it is incorporated in the degree course of law. Let’s understand difference between interpretation and construction of Statute.

Difference between interpretation and construction of Statute

The key differences between interpretation and construction have been enumerated below:

Interpretation of Statutes	Construction of Statutes
Interpretation refers to the understanding of words and the true sense of a legal text.	Construction refers to the drawing of conclusions of the legal text that lie beyond the direct expression of the legal text.
Interpretation takes place when we want to find the original meaning of a legal text.	All other forms of constitutional and statutory analysis come under construction.
Interpretation takes place when the meaning of the legal text is clear and unambiguous so that it can be interpreted.	Construction takes place when the meaning of the text is unclear, ambiguous and is challenged.
The main function of interpretation is to find out the simple and real meaning of the legal text.	When the use of the literal meaning of the legal text creates ambiguity, construction helps to find out if the case can be covered under it or not.
Interpretation deals with identifying the semantic meaning of a particular use of language in context.	Construction is when the meaning is applied to particular factual circumstances.
Interpretation finds out the ways through which any statute can be analysed.	Construction tries to conclude it.
Through interpretation, one can find out the linguistic meaning in the context of a legal text.	Through construction, one can discover the legal effect of the legal text.
Interpretation rules out ambiguity.	Construction creates additional rules to resolve the vagueness.
Interpretation can be regarded as a broad form of construction as to how one construes a legal text.	Construction is a method of interpretation where the words are interpreted vigorously and literally.
Interpretation of a legal text can be done partly	Construction of legal text has to be done as a whole.
Interpretation helps in determining the real meaning and intention of the legislature.	On the other hand, construction is used to ascertain the legal effect of the legal text.
Interpretation is used when the Court complies with simple meaning of the legal text.	Construction is used when the legal text exhibits ambiguous meaning and the court has to decide whether the words used in the legal text covers the case or not.
Interpretation has limited scope.	Construction has broad scope.
Interpretation does not include construction.	Construction may include interpretation.
Interpretation does not have any legal effect.	Construction has legal effect.
e.g. Literal rule.	e.g. golden rule, mischief rule.
Courts may interpret the statute.	Elected members are free to construe the statute.

Thanks for reading till the end. Please share this blog.

#InterpretationOfStatutes #StudyHelp #Notes #LawNotes #GeneralClausesAct #Bharat #India

List of Reference

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Monday 2 May 2022

What is the concept of property? What is the distinction between movable and immovable property? Discuss and explain with the help of suitable case law or illustrations.

Vande Matram! Welcome to the series of Transfer of Property Law. Since the civilisation of humans, the concept of property is present and the laws related to it are evolving day by day. Let’s discuss the concept of property.

What is the concept of property? What is the distinction between movable and immovable property? Discuss and explain with the help of suitable case law or illustrations.

Concept of Property:

Property is an object of legal rights, which embraces possessions or wealth collectively, frequently with strong connotations of individual ownership. The things may be tangible, such as land or goods, or intangible, such as stocks and bonds, a patent, or a copyright. Because property law deals with the allocation, use, and transfer of wealth and objects of wealth, it must reflect the economy, family structure, and politics of the society in which it is found.

Property is defined under Clause (36) of Section 3 of the General Clauses Act, 1897 and clause (9) of Section 2 of the Registration Act, 1908 as well as Section 3 of the Transfer of Property Act, 1882. Indian legislation classifies the term ‘property’ under various categories like tangible and intangible, real and personal, corporeal and incorporeal, and movable and immovable property.

Various Statutory definitions of term property:

The General Clauses Act, 1897

Section 3 (26): “immovable property” shall include land, benefits to arise out of land, and things attached to the earth, or permanently fastened to anything attached to the earth.

The Benami Transactions (Prohibition) Act, 1988

Section 2(c) “property” means property of any kind, whether movable or immovable, tangible or intangible, and includes any right or interest in such property.

The Sales and Goods Act, 1930

Section 2 (11) “property” means the general property in goods, and not merely a special property.

The Transfer of Property Act, 1882

Section 3 “immoveable property” does not include standing timber, growing crops or grass.

The Registration Act, 1908

Section 2(6) “Immovable Property” includes land, buildings, hereditary allowances, rights to ways, lights, ferries, fisheries or any other benefit to arise out of land, and things attached to the earth, or permanently fastened to anything which is attached to the earth, but not standing timber, growing crops nor grass; and

Section 2 (9) “Movable Property” includes standing timber, growing crops and grass, fruit upon and juice in trees, and property of every other description, except immovable property.

Movable and immovable property:

In Indian legal systems the types of property considered mainly are

a) Movable Property: Anything that is not affixed to the land can fall under the category of movable property, irrespective of its shape, size, quality, or quantity, e.g. Vehicles, electronic devices, jewellery, books, timber, growing crops and grass etc.

b) Immovable property: As the nomenclature suggests, immovable property definition states that it is any property with rights of ownership attached to land and that cannot be moved, e.g. agricultural land, villa, flat, mines, water bodies, etc.

Difference between movable and immovable property:

Movable Property	Immovable Property
The movable property can easily be transported from one place to another, without changing its shape, capacity, quantity or quality.	Immovable property cannot be transported from one place to another.
Movable property refers to movable assets (such as your computer, jewellery, vehicles, etc.).	Immovable property commonly refers to real estate (such as your house, factory, manufacturing plant, etc.)
Movable property is one, which can be transferred from one place to another place with the human efforts.	Immovable property includes land, benefits arising out of land and things attached to the earth or permanently fastened or anything attached to the earth.
It includes stocks and shares, growing crops, grass, and things attached to or forming part of the land, and which are agreed to be severed before sale, or under the contract of sale	It includes land, benefits to arise out of land, and things attached to the earth
If the thing is resting on the land merely on its own weight, the presumption is that it is movable property, unless contrary is proved.	If the thing is fixed to the land even slightly of it is caused to go deeper in the earth by external agency, then it is deemed to be immovable property.
If the purpose was only to enjoy the thing itself, then it is movable property even though it is fixed in the land.	If the propose of annexation of a thing is to confer a permanent benefit to the land to which it is attached, then it is immovable property.
Examples Right of worship; royalty; a decree of sale of immovable property; a decree for arrears of rent; Government promissory notes; standing timber, growing corps and grass.	Benefits to arise out of land such as hereditary allowances, right of way, ferries and fisheries, right to collect rent and profits of immovable property; a mortgage-debt; right to cut grass of one year, a factory; etc.
No registration is required to transfer a movable property.	Transfer of immovable property requires registration of the document.

Thanks for reading till the end. Note down all the important points for your preparation and Best of Luck for your exams! Please share this blog.

#Bharat #India #StudyHelp #Notes #StudyMaterial #TransferOfPropertyLaw #PropertyLaw #LawsOfProperty

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List of references:

1) Property Legal Concept

2) Brush Up Your Basic Knowledge About Movable and Immovable Property

3) Difference between Movable and Immovable Property

Friday 15 January 2021

Difference between Judgement and Decree

Difference between Judgement and Decree

Judgement	Decree
A judgement is based upon facts.	A decree is based upon judgement.
Judgment is made prior to decree.	Decree always follows a judgement.
A judgement contains facts of the case, the issues involved, the evidence brought by the parties, finding on issues (based on evidence and arguments).	A decree contains the outcome of the suit and conclusively determines the rights of the parties with regard to the issues in dispute in the suit.
The definition of the word judgement given in section 2(9) of the Code of Civil Procedure, 1908 does not include the word ‘formal’.	The definition of the word decree given in section 2(2) of Code of Civil Procedure, 1908 includes the word ‘formal’.
Judgement has no types.	A decree is divided into three types.
Judgement may result in a preliminary decree or a final decree or an order by itself, the judgement is always final.	The decree may be a preliminary or final or partly preliminary and partly final.
Judgement leads to the final disposal of the suit after the decree is drawn up.	After passing the decree, the suit stands disposed of since the rights of the parties are finally determined by the court.
Judgement means statement given by a Judge of the grounds of decree or order.	Decree is an adjudication conclusively determining the rights of the parties with regards to all or any of the matter in the controversy.
It is not necessary that there should be a formal expression of order in the judgement.	It is necessary that there must be formal expression of the decree.
Judgement states preciously the relief granted.	Decree must determinate the rights of the parties
Judgment may be passed in civil suits as well as in criminal cases.	Decree is passed in a civil suit.
Judgment is not capable of execution.	Decree is capable of execution.

Further Reading:

Section 2. Definitions.

Section 33. Judgment and decree.

Decree

Judgment

Reference:

1) https://blog.ipleaders.in/judgement-and-decree-under-cpc/

2) https://bnblegal.com/article/decree-judgment-and-order-under-code-of-civil-procedure-1908/

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