A V Thomas - Law Dictionary Search Results
Apportionment
consents or is a party to the proceedings, see Bliss v. Collins, (1822) 5 B&Ald 876; Swansea Corporation v. Thomas, (1882) 10 QBD 48. Covenants if implied by law were apportionable but express covenants were not, until the … apportionable in respect of time accordingly (s. 1). This Act has been held in and since Swansea Bank v. Thomas, (1879) 4 Ex D 94, to apply not only, as the former Acts did, between two classes of
Court of record
is undoubtedly a superior court which is itself competent to determine the scope of its jurisdiction, M.M. Thomas v. State of Kerala, (2000) 1 SCC 666. In relation to any matter, means the court to which proceedings
Due process of law
of India, Art. 21] It embraces the fundamental concept of a fair trial, with opportunity to be heard, Thomas v. Baptiste (PC), (1999) 3 WLR 249. Is a concept adopted by the American Constitution the process of … Due process of law, A.K. Gopalan v. State of Madras, AIR 1950 SC 27: 1950 SCR 88. [Constitution of India, Art. 21] It embraces the
Keep your definitions linked to case research
Dower
share in the land (if the dower has arisen before 1926) analogous to an undivided share, see Williams v. Thomas, (1909) 1 Ch 713; and Wolst. & Ch. Conv. Acts, 12th Edn. P. 941. The following note has … dower is not within this Act, though the Court may refuse relief on the ground of laches, Williams v. Thomas, (1909) 1 Ch 713.
Neutral
Neutral, 'neutral' means, 'indifferent, unbiased, impartial, not engaged on either side'. Conceptually it is not aligning with either view, Lily Thomas v. Speaker, Lok Sabha, (1993) 4 SCC 234. --means, 'indifferent, unbiased, impartial, not engaged on either
Idem sonans
CASES RESERVED); and see also Wells v. Cooper, (1874) 30 LT 721, where in an action of trespass Thomas Cox, a special juror, served by mistake for Thomas Fox on a common jury. And see MISNOMER. … account of the mispronunciation or mistake of names sounding alike, unless substantial in-justice has been done. See Reg. v. Mellor, (1858) 27 LJQB 121, where on a trial for murder it was discovered after conviction that Joseph
Proceeding
Maharaja Pratap Singh, AIR 1957 Pat 102. Proceeding, shall include the proceedings at the appellate stage, Mathew M. Thomas v. I.T. Commissioner, AIR 1999 SC 999. Proceeding, the word 'proceeding' which appears in s. 13A (a). and … v. Management, 1968 ILR 2 Punj 371: 1969 Lab IC 581: AIR 1969 Punj 147; K.J. Lingan and A.V. Mahayalam v. Jt. Commercial Tax-Officer, AIR 1968 Mad 76. Proceeding, is wider in amplitude than the word 'case'.
Limitation of actions and prosecutions
might have brought an action (s. 24). But as to an action for assignment of dower, see Williams v. Thomas, (1909) 1 Ch 713. Trustees are empowered to plead statutes of limitation by the (English) Trustee Act, 1888,
Costs
the position is as between subject and subject. See R. v. Archbishop of Canterbury, (1902) 2 KB 571; Thomas v. Pritchard, (1903) 1 KB 212; Johnson v. King,1904 AC 824; Rwland v. Air Council, 1923 WN 72; … in some particular cases to the party succeeding against his adversary, and these are either interlocutory, given on various motions and proceedings in the course of the suit or action, or final, allowed when the matter is
Volenti non fit injuria
to be negligent in the course of a contract [see Smith v. Baker, 1891, AC 325, commenting on Thomas v. Quartermaine, (1887) 18 QBD 685], but in these cases knowledge of the risk is not conclusive; it … Volenti non fit injuria. Plow. 501.-(Where the sufferer is willing no injury is done.) See this maxim criticized by
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