Generated by All in One SEO Pro v5.0.1.1, this is an llms-full.txt file, used by LLMs to index the site. # LawFoyer A daily dose for inquisitors ## Posts ### [Blog](https://lawfoyer.in/blog/) **Published:** October 19, 2016 **Author:** LawFoyer --- ### [RES JUDICATA under Civil Procedure Code, 1908: Meaning, Provisions, Principles and Cases](https://lawfoyer.in/res-judicata-under-civil-procedure-code-1908-meaning-provisions-principles-and-cases/) **Published:** April 5, 2024 **Author:** LawFoyer **Excerpt:** Author-Deepti, MERI Professional and Law Institute
| Features | Agreement | Contract |
| Definition | An arrangement (usually informal and unwritten) between two or more parties that is not enforceable by law. | A formal arrangement between two or more parties(usually written) that, by its terms and elements, is enforceable by law. |
| Does it need to be in writing? | An agreement is not required to be written. | A contract also doesn’t necessarily require to be written however in some cases it's a legal necessity for them to be written for enforceability. These are often referred to as “statute of frauds” requirements. Examples of contracts that typically fall under the statute of fraud and must be in writing include: Contracts involving the sale or transfer of real estate, Contracts that cannot be performed within one year from the date of formation, Contracts to pay the debt of another person, etc. |
| Consideration requirements | An agreement doesn’t require consideration. | A contract requires the presence of consideration in a contractual agreement. |
| Relevant examples | You agree with your friend to buy their car for Rs 5,00,000. This is a mutual understanding or arrangement between you and your friend, but it might not be legally binding if it lacks essential elements or if it's merely a casual conversation. | You and your friend draft a written agreement specifying the terms of the car sale, including the price, payment method, and any conditions. Both parties sign the document. Now, it has become a legally binding contract. |
| Strict liability | Absolute Liability |
| 1.In strict liability the rules are strict but not absolute in nature because it has exceptions. | 1. In absolute liability the rules are strict and absolute, both in nature because it doesn’t have any exceptions. |
| 2.The damages awarded by the court are may be ordinary or compensatory. | 2. The damages awarded by the court are exemplary. |
| 3.The escape of dangerous thing is necessary from the premises of defendant. | 3. The escape of hazardous or dangerous thing is not necessary from the premises of the defendant. Which means the person injured within the premises and outside the premises. The defendant will be liable. |
| 4.There should be non natural use of land. | 4. Here Even it dangerous substance may be a natural use of land ,if it escapes then the defendant is liable, and there is no compulsory requirement of non natural use of land. |
| Disapproval of proclamation | Continuation of proclamation |
| Resolution passed by Loksabha | Resolution passed by both house |
| Adopted by simple majority | Adopted by special majority |
| ARTICLE 358 | ARTCLE 359 |
| l Fundamental Right guaranteed by Article 19 completely on Suspension. l Automatically suspends l Art 19 suspends up-to the emergency exists I l Extends to entire country l Operates in case of external emergency | l Suspension of Other Fundamental Rights (except 20 ,& 21) l On the Presidents declaration of specified fundamental rights suspends. l Fundamental rights suspended for the period specified by President. l It may extends to entire country or the part of it. l Operates in case of both external and internal emergency. |
| AMENDMENTS | PROVISIONS |
| 1st Amendment 1951 | The first Amendment Act of 1951 played crucial role by combining the Ninth Schedule to the Constitution. This schedule inserted a list of Central as well as State laws that are safeguarded from being challenged in courts. |
| 42nd Amendment 1976 | The 42nd Amendment Act 1976 allowing three new terms i.e. socialist ,secular and integrity to the preamble of constitution of India. Furthermore it also added part 4A Directive Principles of State Policy in the Constitution. |
| 44th Amendment 1978 | The 44th Amendment Act of 1978 replaced the word internal disturbance with armed rebellion under Article-352 Additionally, this amendment removed the Right to Property as Fundamental Right and made it a legal right under (Article 300A). |
| 73rd Amendment 1992 | The 73rd Amendment Act of 1992 introduced provisions related to Panchayati Raj Institutions. |
| 74th Amendment 1992 | The 74th Amendment Act of 1992 introduced provisions related to Urban Local Bodies, such as Municipalities and Municipal Corporations |
| 86th Amendment 2002 | The 86th Amendment Act of 2002 assured that the State shall provide free and compulsory elementary education to all children aged 6 to 14 years of age. |
| 97th Amendment 2011 | The 97th Amendment Act of 2011 provided constitutional status and safeguarding the cooperative societies, recognizing their importance in the socio-economic development of the country. |
| 101st Amendment 2016 | The 101st Amendment Act of 2016 proposed the Goods and Services Tax (GST), an enhanced indirect tax reform aimed at simplifying the tax structure and promoting economic integration and stability. |
| 102nd Amendment 2018 | The 102nd Amendment Act of 2018 presented Constitutional Status to the National Commission for the Backward Classes, strengthening the institution's role in safeguarding the rights and interests of backward classes. |
| 103rd Amendment 2019 | The 103rd Amendment Act of 2019 proposes a 10% reservation for Economically Weaker Sections (EWS).. |
| 105th Amendment 2021 | The 105th Amendment Act of 2021 reestablished the authority of the State Governments to identify Socially and Educationally Backward Classes (SEBCs). |
| 106th Amendment 2023 | The 106th Amendment Act of 2023 proposed allotment of one-third of all seats for women in Lok Sabha, State Legislative Assemblies, and the Legislative Assembly of the National Capital Territory of Delhi, including those reserved for SCs and STs. |