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2010 6 Scc614 - Law Dictionary Search Results

Home Dictionary Name: 2010 6 scc614

Vis

Vis [Lat.], any kind of force, violence, or disturbance to person or property. It was a vis armata, i.e. vis cum armis, or vis simplex, i.e. vis sine armis, 1 Reeves, c. 6, p. 322....


Public policy vis-'-vis policy of law

Public policy vis-'-vis policy of law, the term 'public policy' has an entirely different and more intensive meaning from the policy of law. Winfield defined it as a principle of judicial legislation or interpretation founded on the current needs of the community. It does not remain static in any given community and varies from generation to generation, M.K. Usman Koya v. C.S. Santha, AIR 2003 Ker 191....


Vis major force majeure usual

Vis major force majeure usual, the expression 'force majeure' is not a mere French version of the Latin expression 'vis major'. It is undoubtedly a term of wider import. Difficulties have arisen in the past as to what could legitimately be included in 'force majeure'. Judges has agreed that strikes, break-down of machinery, which, though normally not included in 'vis major' are included in 'force majeure'. Where reference is made to 'force majeure', the intention is to save the performing party from the consequences of anything over which he has no control. This is the widest meaning that can be given to 'force majeure', and even if this be the meaning, it is obvious that the condition about 'force majeure' in the agreement was not vague. The use of the word 'usual' makes all the difference, and the meaning of the condition may be made certain by evidence about a force majeure clause, which was in contemplation of parties, Dhanrajamall Gobindram v. Shamji Kalidas, AIR 1961 SC 1285 (192...


Ad medium filum vi' (aqu')

Ad medium filum vi' (aqu') [filum, a thread, Lat.], an imaginary line in the centre of a road or river. The soil of a highway, and the bed of a non-tidal river, are presumed to belong to the owners of the adjacent lands usque ad medium filum vi', or aqu'; and accordingly where in a conveyance of land it is said to be bounded by a highway or a river, half of the road or half of the bed of the river passes to the grantee, unless a contrary intention is shown; see Micklethwait v. Newlay Bridge Co., (1886) 33 CD 133, and City of London Land Tax Commissioners v. Central London Railway, 1913 AC 364. The presumption does not apply to a railway that is a boundary, Thompson v. Hickman, (1907) 1 Ch 550....


Usque ad medium filum aqu', or vi'

Usque ad medium filum aqu', or vi' [Lat.] (even to the middle of the Stream or road). See AD MEDIUM FILUM VI'....


Vi laica removend'

Vi laica removend', a writ that lies where two persons contend for a church, and one of them enters into it with a great number of laymen, and holds out the other vi et armis; and he that is holden out shall have this writ addressed to the sheriff that he remove the lay force; but the sheriff ought not to remove the incumbent out of the church, whether he is there by right or wrong, but only the force, Fitz. N.B. 54....


Within 6 months from the date on which it is so let

Within 6 months from the date on which it is so let, the expression within 6 months from the date on which it is so let' means let to that tenant who disputes or desires to dispute the standard rent and move the Court for determination of standard rent. The words 'so let' mean so let to that tenant after the commencement of the Rent Act, O.P. Kathpalia v. Lakimir Singh, AIR 1984 SC 1744 (1750): (1984) 4 SCC 66....


trespass vi et armis

trespass vi et armis see trespass ...


vis major

vis major [Latin, literally, greater force] : an overwhelming force ;also : act of god ...


Claim vi aut precario

Claim vi aut precario, by stealth, force or request....


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