What Do You Mean By Judgement

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Meaning of Judgement : Judgement means the observation and decision of court of law in respect of a particular case after conclusion of a trial. Content of Judgement : Every Judgement - Shall be written in the language of the court. Shall contain the point or points for determination, the decision there on and the reason for the decision. Shall specify the offence of which and section of The Indian Penal Code, 1860 or other law under which the accused is convicted and the punishment to which he is sentenced. If the Judgement is of acquittal, it shall state the offence, of which the accused is acquitted and direct that he be set at liberty section 354(1). Object : The object should be to protect the society and to deter the criminal in achieving the avowed object of law by imposing appropriate sentence. The social impact of the crime like where its relates to offences against woman, kidnapping and other offences involving moral delinquency which have great impact on s

Distinction Between Nuisance and Negligence

The main difference between Nuisance and Negligence are as follows :-

1) In nuisance, the plaintiff need not prove that the defendant was under a legal duty to take care "for all that the plaintiff need show is only that he has been injured by the defendant's conduct.
In negligence, the plaintiff must prove that the defendant was under a legal duty to take care.

2) In nuisance the defendant will be liable in some cases even through he had taken all reasonable care under the circumstances.
In negligence, the vital question is whether the defendant had taken reasonable care.

3) A nuisance may be caused intentionally.
A negligence negatives intention.

4) In nuisance, the plaintiff  must prove some injury to his enjoyment of property and his own interest in that property.
In negligence, the plaintiff need not prove some injury to his enjoyment of property.

5) In nuisance, the plaintiff need not prove damage expect where the right in question depends on it.
In negligence the proof of damage is always essential.

6) Contributory negligence is no prime factor in nuisance. There it indicates only that the plaintiff's injury was due to his own conduct and does not specifically mean careless conduct.
Contributory negligence is a type of negligence.

7) Obstructing ancient rights is nuisance.
But Obstructing ancient rights is not negligence.

8) Careless surgery is not Nuisance.
But careless surgery is negligence.

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