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Bathing, sea
Law right in the public to use the sea-shore for bathing. So held (diss. Best, J.) in Blundell v. Catterall, (1821) 5 B & Ald 268, followed by the Court of Appeal in Brinckman v. Matley, (1904) … Bathing, sea. There is no Common Law right in the public to use the sea-shore for bathing. So held
Consideration
inconvenience sustained or suffered by the promisee at the request, express or implied, of the promisor. See Laythoarp v. Bryant, 3 Scott 250; 2 Wms. Saund 137 h; Currie v. Misa, (1875) LR 10 Exch 153. Consideration … Consideration. Any act of the promisee (the person claiming the benefit of an obligation) from which the promisor (the person burdened with the obligation) or a stranger derives a
Constructive notice
the title of property which he has purchased; (b) if he omits to investigate some fact which has been brought to his notice suggesting the existence of such title or claim; (c) if he deliberately refrains from … title or claim; (c) if he deliberately refrains from inquiry in order to avoid notice. See Halsbury, L.E., vol. 13, and the person affected with constructive notice takes, if at all, subject to the title or claim,
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Adequate consideration
adequate consideration would not apply to a gift, as a gift is a transfer without consideration, Kumari Sonia Bhatia v. State of U.P., AIR 1981 SC 1274: (1981) 2 SCC 585. [Contract Act, 1872, s. 2(b) (9
Copyright
fourteen years. Whether the right exited at Common Law is a long-vexed and still undetermined question. See Jeffries v. Boosey, (1854) 4 HLC 815. There is no copyright in an illegal or immoral publication, Southey v. Sherwood, … Copyright, an incorporeal right, being the exclusive privilege of printing, reprinting, selling, and publishing is own original work which the statute law first
Save as otherwise provided by or under the Act
the Act, the expression 'save as otherwise provided by or under the Act' in s. 44(3) of Motor Vehicles Act, 1939 should be construed in a harmonious manner so that sub-clause (b) is not reduced to a … Save as otherwise provided by or under the Act, the expression 'save as otherwise provided by or under the Act' in s. 44(3)
Complaint
to a third person and not in the presence of the accused is admissible as evidence, see R. v. Osborne, (1905) 1 KB 551, and as to statements made in the presence of the accused, see R. … term is most generally used with reference to Courts of Summary Jurisdiction where proceedings are commenced 'on information,' but is also sometimes used to describe a claim in an action of a civil or quasi-civil character. See
Demurrer
state that the plaintiff has not made a sufficient case to entitle him to relief in equity', Wood v. Midgley, (1854) 5 De GM&G 44, per Turner, L.J. In civil matters this mode of pleading is abolished … pleading of the opponent, and referring the law arising thereon to the judgment of the Court, waits until by such judgment the Court decides whether he is bound to answer. 'The office of a demurrer is simply
Same and similar
is common management, common business organisation, common administration, common fund and a common place of business, B.R. Limited v. V.P. Gupta, Commissioner of Income Tax, AIR 1978 SC 1320 (1326): (1978) 3 SCC 70: (1978) 3 SCR … s. 54) The two words 'same' and 'similar' connote different concepts and therefore the carrying of a similar business will not meet the requirements of the section. If one business cannot be conveniently carried on after the
Open Court
Court of Justice is open to every subject of the King, Scott v. Scott, 1913 AC 417 (440). By statute the place where justices summarily convict is an open Court [(English) Summary Jurisdiction Act, 1848, s. 12],
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