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Difference Between Judicial Separation and Divorce Judicial Separation is the stage of a marriage in which the husband and wife are not obliged to stay together and they decide to separate. For this case, husband and wife are not free from the bonds of marriage according to the order of Judicial Separation granted by the court. It will disallow husband and the wife to live together and insist that they must live separately.n.g. Judicial separation is an alternative to divorce. The main difference between Judicial Separation and divorce is that the divorce always causes termination to the marriage but for judicial separation, it does not. The legal status of judicial separation is entirely different from being divorced and be married. For judicial separation, the court has to order for the prohibition on cohabiting together, but it does not end the obligations of marriage. Both the husband and wife will still remain in the same ties of marriage obligations. In the case of divorce par...

Types of Estoppels under Indian Evidence Act, 1872 The word ‘estoppel’ derived from the French word ‘estoupe’ that means ‘stopped’. It is named as an estoppel or conclusion because a man’s own actions will stop or closes up his mouth to claim or plead the truth. The doctrine of estoppel means that for where one, by his words or behavior, willfully causes another in believing the existence of the state of things. It will cause him to encourage him to act on certain belief for altering his own position. The former will be concluded from averring against the latter a different state of things will exist at the same time. There are different types of estoppels. Some of them are given below: 1.      Estoppel by record: For this type of estoppel, a person will not be permitted to dispute the facts in which the judgment against him is based. It is dealing with the (i) Ss. 11 to 14 of the Code of Civil Procedure, and (ii) Ss...

*110 Legal phrases used in Laws:* 1 Suo moto: own motion 2 Deeming fiction cannot be stretched beyonyd the purpose for which it is created 3 The words used in Law are not used for nothing 4 To invoke Provision : To make use of particular provision 5 Ipso Facto: By this fact alone or because of this matter alone 6 'MAY' may be treated as 'SHALL' but 'SHALL' shall not be treated as 'MAY' 7 Tenable: Acceptable in law 8 Redundant Provision : Out of Force or Outdated Provision 9 Quasi : Almost Similar to 10 Quasi Criminal: Almost equal to criminal 11 Jurisprudence: Law relating to particular matter 12 Mensrea: Guilty Mind 13 Ibid: As printed earlier 14 Suo Moto: On its own 15 Prima Facie: On its face 16 Non est: What is not in existence / Non existing thing 17 Call in question: To challenge 18 De Nova: Completely New 19 Sine quo non: Most essential thing 20 Purposes of this Act: Proceeding must be pending 21 Reason to believe Vs Reason to...

I MPORTANT SC DECISIONS ON COGNIZANCE OF OFFENCE # 1. S.R. Sukumar Vs. S. Sunaad Raghuram, (2015) 42 SCD 746 “Cognizance of offence” means taking notice of the accusations and applying the judicial mind to the contents of the complaint and the material filed therewith. It is neither practicable nor desirable to define as to what is meant by taking cognizance. Whether the Magistrate has taken cognizance of the offence or not will depend upon facts and circumstances of the particular case. # 2. Narsingh Das Tapadia vs. Goverdhan Das Partani, AIR 2000 SC 2946 It was held that the mere presentation of a complaint cannot be held to mean that the Magistrate has taken the cognizance. # 3. Subramanian Swamy vs. Manmohan Singh, (2012) 3 SCC 64 Apex Court explained the meaning of the word ‘cognizance’ holding that “…In legal parlance cognizance is taking judicial notice by the court of law, possessing jurisdiction, on a cause or matter presented before it...

अनुयोज्य दावा (Actionable Claim) - अनुयोज्य दावा धारा 3 में परिभाषित है तथा अध्याय 8 (धारा 130 से 137)अनुयोज्य दावे के अंतरण के बारे में प्रावधान करता है | दावा से तात्पर्य अधिकार से है तथा एक ऐस...

 सभी प्रकार की संपत्ति अंतरित की जा सकती है, केवल अपवादों को छोड़कर ? निर्णीत वादों की सहायता से वर्णन कीजिये | संपत्ति अंतरण अधिनियम की धारा 5 में संपत्ति के अंतरण की परिभाष...