Act Omission - Law Dictionary Search Results
Home Dictionary Name: act omissionAct, omission
Act, omission, the word 'act' denotes as well a series of acts as a single act: the word 'omission' denotes as well a series of omissions as a single omission. (Penal Code, 1860, s. 33)...
Any act or omission which constitutes any offence under this Act
Any act or omission which constitutes any offence under this Act, the expression 'Any act or omission which constitutes any offence under this Act' in s. 56 of the Act, merely imports the idea that the same act or omission might constitute an offence under another law and could be tried under such other law or laws also, State of Bihar v. Murad Ali Khan, (1988) 4 SCC 655 (665): AIR 1989 SC 1. [Wild Life (Protection) Act, 1972, s. 56]...
Omission
Omission, is a colourless word which merely refers to the not doing of something and if the assessee does not make a return, it is an omission on his part, AIR 1956 Bom 557 (558). [Income Tax Act, 1922, s. 34(1)]The word 'omission' denotes as well a series of omissions as a single omission. (Indian Penal Code, s. 33)Means an accidental slip occurs when something is wrongly put in by accident, omission occurs when something is left out by accident, Sutherland & Co. v. Honnering Bros. Ltd., (1921) 1 KB 336.To perform a duty involves the idea that the person to act is aware that performance is required or needful, London & S.W. Ry v. Flower, 45 LJ CP 54...
Act or Omission
Act or Omission, an 'act or omission' need not necessarily be criminal; it may even include acts or omissions which are commercially unsound or unwise, K. Joseph Augushti v. Narayanan, (1964 7 SCR 137: AIR 1964 SC 1552 (1556). [Banking Companies Act, 1949 (10 of 1949), s. 45-G]...
Nuisance
Nuisance [fr. nuire, Fr., to hurt], something noxious of offensive. Any unauthorised act which, without direct physical interference, materially impairs the use and enjoyment by another of his property, or prejudicially affects his health, comfort, or convenience, is a nuisance.Nuisance may be distinguished from negligence in that nuisance is an act or omission causing injury, the injury itself giving rise to an action for damages, while a person suffering from damage due to negligence must prove that the damage was caused by some want of care, according to its degree which was required in the particular circumstances of the case. Actions against persons or public undertakings for damage under statutory powers are generally founded on negligence. Where the actual method of exercising the power creating a nuisance is indicated by the statute negligence in the authorised method may be actionable. The onus appears to be on a defendant pleading that the nuisance was inevitable and compulso...
Acts and omissions
Acts and omissions, The words 'acts and omission' contemplated by Rule 4 of the Discipline and Appeal Rules have to be understood in the context of the All India Services (Conduct) Rules, 1954 ('Conduct Rules' for short). The Government has prescribed by Conduct Rules a code of conduct for the members of All India Services, Union of India v. J. Ahmed,'AIR 1979 SC 1022: (1979) 3 SCR 504: (1979) 2 SCC 286....
Act
Act, Something done or performed especially voluntarily; a deed, Black's law Dictionary, 7th Edn., p. 24.Is used with reference to an offence or a civil wrong, shall include a series of acts, and words which refer to act done extend also to illegal omissions. [General Clauses Act, 1897 (10 of 1897), s. 3 (2)]The term act is one of the ambiguous import, being used in various senses of different degrees of generation. When it is said, however, that an act is one of the essential conditions of liability. We use the term in the widest sense of which it is capable. We mean by it any event which is subject to the control of the human will. Such a definition is, indeed, not ultimate, but it is sufficient for the purpose of the law. John Salmond, Jurisprudence 367; Glanville L. Williams, 10th Edn. 1947.Act does not mean depose, Janki Vashdeo Bhojwani v. Indusind Bank Ltd., AIR 2005 SC 439.In view of the provisions of the General Clauses Act, the expression 'act also includes illegal omissions,...
Statute Law Revision Acts
Statute Law Revision Acts. A number of general Acts were passed from the year 1861 to 1927 inclusive, for the purpose of expressly and specifically repealing Acts or parts of Acts which had been either impliedly repealed by subsequent statutes on the ground that leges posteriores priores contrarias abrogant, or which (see the preambles to the various Acts) 'might be regarded as spent, or had by lapse of time or otherwise become unnecessary' from various causes, or had become obsolete, and also partly with the view of clearing the way for two editions of 'Statutes Revised,' that is, statutes in force only, as distinguished from the 'Statutes at Large,' or statutes just as they are passed. In 1890, as explained in an Introductory Note to vol. 4 of the 2nd edition of the Revised Statutes, a Select Committee of the House of Commons considered the subject of statute law revision, and recommended the omission from the Revised Statutes of 'any preambles' [but see that title] 'to an act, or in...
omission
omission 1 : something neglected, left out, or left undone 2 : the act, fact, or state of leaving something out or failing to do something esp. that is required by duty, procedure, or law [liable for a criminal act or ] ...
Indemnity
Indemnity, a contract, express or implied, to keep a person harmless from loss which that person may incur by reason of some act, omission or event. It differs from a guarantee which requires a writing under s. 4 of the Statute of Frauds in that the latter guarantee contemplates the primary liability of a third person. as pointed out by Anson on Contracts, a form of indemnity may be illustrated by 'If you will supply goods to A. I will see you paid.' A guarantee, if 'A. does not pay you, I will.' There is, as a rule, a right of subrogation to all the remedies available to the person indemnified under an indemnity available to a person indemnifying-a guarantor has the right of subrogation as well as a right of recourse against the person guaranteed unless otherwise agreed. A great number of indem-nities are implied at Common Law or statute, and the contract extends to all the loss suffered and is not limited in amount as a contract to pay a sum of money is limited. As to implied indemni...
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