Difference Between | Labour Laws

Difference between a ‘Contract Labourer’ and an ‘Employee’

What does the term ‘contract labour’ means? The term ‘contract labour’ under Contract Labour (Regulation and Abolition) Act, 1970 (“CLRA“) means a workman who is hired in or in connection with the work of an establishment by or through a contractor. It is important to note that the word, ‘hire’, as used in the Act, has…

Contract Law | Difference Between

Difference between Freedom of Contract and Right to performance of a Contract

The High Court of Andhra Pradesh in Secretary to Govt. Public Works and Transport Department, Andhra Pradesh and Ors. vs. Adoni Ginning Factory and Ors.[1] noted at para 28- “Freedom of contract is one thing. Right under a contract or right to performance of a contract is another. It is only the former that is…

Difference Between

Difference between ‘non-obstante’ clause and ‘subject to’ other provisions

Difference between: (a) ‘non-obstante’ clause and (b) ‘subject to’ other provisions The effect of any provision containing non-obstante clause and the ambit and scope of a provision which has been made ‘subject to’ some other provision or enactment and distinction between the two, is well established. When a provision of any enactment is made ‘subject…

Difference Between

Difference between ‘Mortgage by Conditional Sale’ and ‘Sale with a condition of Re-transfer’

Mortgage by Conditional Sale: What it means Section 58(c) of the Transfer of Property Act, 1882 provides- (c) Mortgage by conditional sale.– Where, the mortgagor ostensibly sells the mortgaged property – on condition that on default of payment of the mortgage-money on a certain date the sale shall become absolute, or on condition that on…

Contract Law | Difference Between | Indemnity and Guarantee

Difference between Indemnity and Guarantee

Difference between Indemnity and Guarantee Indemnity Guarantee Section 124 of Indian Contract Act: a contract by which one party promises to save others from loss caused to him by the conduct of the promisor himself, or by the conduct of any other person Section 126 of Indian Contract Act: a contract to perform the promise, or…