5 And 5 E - Law Dictionary Search Results
Negligence
collision between trains owned by the same company, Carpue v. London, Brighton, and South Coast Railway Co., (1844) 5 QB 747] Master and Servant.--A master is responsible to the public, and also, under certain conditions, to his … Negligence, acting carelessly, a question of law or fact or of mixed fact and law, depending entirely upon the nature of a duty, which the person charged with negligence has failed to comply with or
Uses
whether it is in this form), so that a trust in name may be a use in effect, and e converso. (5) Future executory and contingent uses cannot be executed into legal estates by the statute until they
Person
is a person, Kshetra Mohan-Sannyasi Charan Sadhukhan v. Commissioner of Excess Profit Tax, West Bengal, AIR 1953 SC 516. According to company law it does not mean an unregistered firm, Firm Pannaji v. Devichand Kapurchand, 99 IC … Person, a Hindu Undivided Family is a person, Kshetra Mohan-Sannyasi Charan Sadhukhan v. Commissioner of Excess Profit Tax, West Bengal, AIR 1953 SC 516. According to company law it does not mean an unregistered
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Misconduct
due and faithful discharge of his duty in service, it is misconduct, see Pierce v. Foster, 17 QB 536 (542). A disregard of an essential condition of the contract of service may constitute misconduct, see Laws v. … improper conduct, R.D. Saxena v. Balram Prasad Sharma, (2000) 7 SCC 264. Misconduct, means 'A transgression of some established and definite rule of action, a forbidden act, a dereliction from duty, unlawful behaviour, wilful in character, improper
Insurance
an adjoining room, for the use of the public at large. The rooms are open from10 a.m. till 5 p.m.; but the most considerable part of the business is transacted between one and four. Merchants and ship-owners … Insurance, see, Income-tax Act, 1961 (43 of 1961), s. 80C, Expl. 1. Insurance, the act of providing against a possible loss, by entering into a contract with one who
Annuity
sum annually made and is a charge personally on the grantor, CWT v. Arundhati Balkrishna, (1970) 1 SCC 561 (565): AIR 1971 SC 915. [Wealth Tax Act, 1957, s. 2(e)(iv)] An annuity is a fixed sum payable
Office of profit
other than Government revenue is not always a decisive factor, Abdul Shakur v. Ribhab Chand, AIR 1958 SC 52 (55). [Constitution of India, Article 58(1)] The holding of such an office under the Crown in general incapacitates … that an office means a position to which certain duties are attached. An office of profit involves two elements namely that there should be such an office and that it should carry some remunerations. It is not
Impossibility
two fixed days. See also Elliott v. Crutchley, 1906 AC 7. In Minnevitch v. Caf' de Paris (Londres), 52 TLR 413, it was held that the closing of a case during a period of public mourning did … thing which is absolutely impossible by its nature, such contract will not bind him--lex non cogit ad impossibilia, e.g., where the subject-matter has perished before date of contract, or never existed [see (English) Sale of Goods Act,
Arbitration
consequently binding. This and five subsequent amending enactments were further amended by the Arbitration Act, 1889 (52 & 53 Vict. c. 49). By s. 1 of the (English) Arbitration Act, 1889, a 'submission' (which term by s. … who are usually agreed to by the disputing parties and whose decision is binding, Black Law Dictionary 7th Edn., p. 100. Means any arbitration whether or not administered by permanent arbitral institution. [The Arbitration and Conciliation Act,
Water and watercourse
water to their districts by local authorities was provided for by the (English) Public Health Act, 1875, ss. 51-68, and as to obligation of owners of houses to provide water supply, see (English) Public Health (Water) Act, … the name of water only, but it must be brought for the land that lies at the bottom, e.g. 'twenty acres of land covered with water.'-Brownl. 142. See POOL. By granting a certain water, though the right
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