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 'Volenti Non Fit Injuria' and 'Contributory Negligence'.


1. Volenti Non Fit Injuria affords a complete defence after passing of the law Reform (Contributory Negligence) Act, 1945.
Contributory negligence is a partial defence. There is no power to the apportion the loss in cases of contributory negligence.

2. In Volenti Non Fit Injuria, a plaintiff can never be held to have been volens unless it is shown that he had full knowledge of the nature and extent of the risk.
A plaintiff may be guilty of contributory negligence, if he did not know but ought to have know of the danger which confronted him.

3. In Volenti Non Fit Injuria, a plaintiff may be truly volense even when he is exercising the utmost care for his own safety.
A plaintiff may be guilty of contributory negligence when he is careless for his own safety.

4. Volenti is not a defence to breach of statutory duty.
Contributory negligence is a defence to breach of statutory duty.

5. In Volenti Non Fit Injuria the plaintiff knows the risk in the incident, which he is going to face. At the same time, he takes certain precautionary steps for his safety also. However, if the defendant is negligent, the plea of volenti non fit injuria cannot be helpful to the defendant.  
In contributory negligence both the parties that is the plaintiff and defendant are negligent.

6. In volenti non fit injuria both the plaintiff and the defendant know the nature, risk of the incident. Generally the plaintiff invites the risk voluntarily.
In contributory negligence, both of them do not know the incident and its nature and risk untill the incident occurs. Both of them do not invite the risk.

7. In volenti non fit injuria, their nature is different. Volenti pre-supposes a measures of calculation by a plaintiff.
In contributory negligence the plaintiff fails to think as he should.

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