Accordingly - Law Dictionary Search Results
Home Dictionary Name: accordinglyAccord
Accord. An amicable arrangement between parties especially between people or nation; compact or treaty, Black's Law Dictionary, 7th Edn. Accord and Satisfaction [fr. accorder, Fr., to agree], an agreement between two persons, one of whom has a right of action against the other, that the latter should do or give and the former accept something in satisfaction of the right of action. When the agreement is executed, and satisfaction has been made, it is called accord and satisfaction. Accord and satisfaction bars the right of action; accord without satisfaction, or satisfaction without accord, does not.* In the case of an ascertained debt, the acceptance of a smaller sum is no satisfaction, e.g., payment of Rs. 50. is no answer to an action for a debt of Rs. 100; though if anything other than money, e.g., a negotiable instrument for a smaller amount or a peppercorn, had been accepted in satisfaction, the action would have been barred, see Couldery v. Bartrum, (1881) 19 Ch D 399; Cumber v....
accord
accord 1 : to bring into agreement 2 : to grant or give esp. as appropriate, due, or earned vi : to be consistent or in harmony NOTE: Accord in this sense is often used to introduce a case or an authority that accords with the case or authority just cited, as for example in a sentence like “… a decision based on equitable principles. Accord Smith v. Jones, 1 F.2d 2 (1900).” n 1 : agreement of opinion [both cases in ] 2 : a formal act of agreement : treaty [an economic ] 3 : an accepted offer by which the parties agree that a specified future performance will discharge in full an obligation when performed even though the performance is of less value than the original obligation ;also : the defense that an accord was agreed upon usually used in the phrase accord and satisfaction; called also executory accord compare composition, compromise, novation, satisfaction substituted contract at contract, transaction ...
According to law
According to law, the High Court under the revisional jurisdiction is obliged to test the order of the Rent Controller on the touchstone of 'whether it is according to law' and for that limited purpose may enter into re-appraisal of evidence for the purpose of ascertaining whether the conclusion arrived at by the Rent Controller is wholly unreasonable or is one that no reasonable person acting with objectivity could have reached on the material available. Chandrika Prasad v. Umesh Kumar Verma, (2002) 1 SCC 531 (534): AIR 2002 SC 108.According to law, judgment leading to a miscarriage of justice is not a judgment according to law, Shiv Sarup Gupta v. Dr. Mahesh Chand Gupta, (1999) 6 SCC 222....
Contrary to law and not according to law
Contrary to law and not according to law, a decision being 'contrary to law' as provided in s. 100(1)(a) of the Code of Civil Procedure is not the same thing as a decision being not 'according to law' as prescribed in the 1st proviso of s. 75(1) of the Act. The latter expression is wider in ambit than the former. It is neither desirable nor possible to give an exhaustive definition of the expression 'according to law'. The power given to the High Court under the Ist proviso to s. 75(1) of the Act is similar to that given to it under s. 25 of the Provincial Small Cause Courts Act, Malini Ayyappa Naicker v. Seth Monghraj Udhavdas Firm, (1969) 1 SCC 688: AIR 1969 SC 1344 (1346). [Provincial Insolvency Act, 1920, s. 75(1); Civil Procedure Code 1908, s. 100(1)(a)]...
Duly constituted according to law
Duly constituted according to law, means a com-pany duly constituted according to law is one which is constituted by registration under some Act of Parliament or in pursuance of an Act of Parliament of under letter patent or under some constitution ejusdem generis. It is doubtful whether a partnership of less than 20 persons constituted merely by the consensual agreement of the partners can be regarded as a company duly constituted according to law; if such a partnership is formed not for the purpose of carrying on a business but simply for the purpose of being registered with a view to winding up. It is not a company entitled to be registered under Part XXII, Chpater II of the Companies Act, 1965, R. v. Registrar of Joint Stock Companies, Ex parte Johnston, (1891) 2 QB 598 (CA)...
Imposed in accordance with the provisions of this Act
Imposed in accordance with the provisions of this Act, the expression 'imposed in accordance with the provisions of this Act', mean 'imposed in accordance with the procedure provided under the Act'. All enquiry into the regularity of the pro-cedure followed by the Municipal Council prior to the publication of the notice is excluded by s. 97(2), Municipal Council, Raichur v. Bohar Amar Chand Prasanna, AIR 1968 SC 255: (1968) 1 SCR 87. [Karnataka Municipalities Act, (22 of 1964), s. 97(1) 97(2)]...
executory accord
executory accord : accord ...
Accordingly
Accordingly, the word 'accordingly' clearly means 'in similar manner', National Insurance Co. Ltd. v. LIC of India, AIR 1963 SC 1911 (1913): (1964) 2 SCR 182. [Life Insurance Corporation Act, 1956, s. 2(3) Expl.]...
Conge d accorder
Conge d accorder, leave to accord or agree, 8 Edw. 1....
In accordance with law
In accordance with law, when they used the word 'in accordance with law' in cl. 3 of Schedule 2 of the C.P. and Berar Industrial Disputes Settlement Act, 1947 is used, they did not intend to exclude the law as settled by the Industrial Courts. Provincial Transport Services v. State Industrial Cour,t AIR 1963 SC 114: (1963) 3 SCR 650. [C.P. and Berar Industrial Disputes Settlement Act, 1947 Sch. II, Item 3]...