Changed Circumstances - Law Dictionary Search Results
Home Dictionary Name: changed circumstancesChanged Circumstances
Changed Circumstances, what the words ' 'changed circumstances' mean is the change in circumstances due to transfer of power in August 1947 and the coming into force of the Constitution in January 1950, and no more. Therefore when Art. 314 speaks of 'rights as similar thereto as changed circumstance may permit', it only means that a member of the former Secretary of State's Services would have rights similar to his pre-existing rights as the changed circumstances resulting from constitutional changes may allow, R.P. Kapur v. Union of India, AIR 1964 SC 787 (791): (1964) 5 SCR 431. [Constitution of India, Art. 314]...
Review
Review, is the act of looking, offer something again with a view to correction or improvement, Lily Thomas v. Union of India, (2000) 6 SCC 224.The expression review used in two different senses namely (1) a procedural review which is either inherent or implied in a court or Tribunal to set aside a palpably erroneous order passed under by misapprehension under it and (2) a review on merits when the error sought to be corrected is one of law and is apparent on the face of the record, State of Maharashtra v. Smt. Sobha Vithal Kolte, AIR 2006 Bom 44.The word 'review' necessarily implies the power of the Board to have a second look and to so adjust from time to time its charges as to carry on its operations under the Act without sustaining a loss, Delhi Cloth and General Mills Co. Ltd. v. Rajasthan State Electricity Board, AIR 1986 SC 1126: (1986) 2 SCC 431: (1986) 1 SCR 633.Literally and even judicially means re-examination or re-consideration. Basic philosophy inherent in it is the univer...
Public policy, opposed to public policy
Public policy, opposed to public policy, from the very nature of things, the expressions 'public policy', 'opposed to public policy', or 'contrary to public policy' are incapable of precise definition. Public policy, however, is not the policy of a particular government. It cannotes some matter which concern the public good and the public interest. The concept of what is for the public good or in the public interest or what would be injurious or harmful to the public good or the public interest has varied from time to time. As new concepts take the place of old, transactions which were once considered against public policy are now being upheld by the courts and similarly where there has been a well recognized head of public policy, the courts have not shirked from extending it to new transactions and changed circumstances and have at times not even flinched from inventing a new head of public policy. Practices which were considered perfectly normal at one time have today become obnoxio...
Circumstances
Circumstances, The 'circumstances' contemplated by s. 489(1) (now s. 127 of Cr PC,1973) must include financial circumstances and in that view, the inquiry as to the change in the circumstances must extend to a change in the financial circumstances of the wife, Bhagwan Dutt v. Kamla Devi (1975) 2 SCR 483: (1975) 2 SCC 386: AIR 1975 SC 83 (86).Circumstances would ordinarily mean situations or events extraneous to the activities of a concerned person or a group of persons, such as riots, disorders, tensions, religious, racial, regional or linguistic or other such commotions, which might by their pre-existence accentuate the impact of such activities affecting the security of the country or a part of it or the public order, Sambhu Nath Sarkar v. State of West Bengal, (1973) 1 SCC 856: (1974) 1 SCR 1: AIR 1973 SC 1425 (1439).An accompanying or accessory fact, event or condition, such as a piece of evidence that indicates the probability of an event, Black's Law Dictionary, 7th Edn....
Happenstances
Happenstances, can be crudely interpreted as circumstances changed and moulded by time. 'The accident of time has cheated him even as in human affairs generally, be it individual or collective, fortune ebbs and flows, influenced critically by happenstances of time and circumstances of life' [Charles K. Skaria v. C. Mathew, AIR 1980 SC 1230 (1239), para 27]. (Justice V.R. Krishna Iyer)...
Impossible
Impossible, The word 'impossible' has not been used here in the sense of physical or literal impossibility. The performance of an act may not be literally impossible but it may be impracticable and useless from the point of view of the object and purpose which the parties had in view; and if an untoward event or change of circumstances totally upsets the very foundation upon which the parties rested their bargain, it can very well be said that the promisor finds it impossible to do the act which he promised to do, Satyabrata Ghose v. Mugneeram Bangur, AIR 1954 SC 44 (46). (Contract Act, 1872, s. 56)Means in the language of everyday life a thing is impossible when according to the ordinary course of human events, no expectation can be entertained that it will happen, Shephard v. Kottgen, (1877) 47 LJQB 67....
Public policy
Public policy, connotes some matter which concerns public good and the public interest. Expression does not admit of precise definition. Concept of 'public policy' is considered to be vague, susceptible to narrow or wider meaning depending upon the content in which it is used, Oil and Natural Gas Corporation Ltd. v. Saw Pipes Ltd., AIR 2003 SC 2629.Public policy, connotes some matter which concerns the public good and the public interest, Central Inland Water Transport Corporation Ltd. v. Broja Nath Ganguly, AIR 1986 SC 1571; Shri Parsar v. Municipal Board, (1997) 1 WLC 443.Public policy, demands that where fraud might have been contemplated but was not perpetrated, the defendants should not be allowed to perpetrate a new fraud. If the illegality of the transaction is trivial or venial and the plaintiff is not required to rest his case upon that illegality, then public policy demands that the defendant should not be allowed to take advantage of the position, Kedar Nath Motani v. Prahla...
Remedial statutes
Remedial statutes, those which are made to supply such defects, and abridge such superfluities in the Common Law, as arise either from the general imperfection of all human laws, from change of time and circumstances, from the mistakes and unadvised determinations of unlearned judges, or from any other cause. This being effected either by enlarging the Common Law where it is too narrow and circumscribed, or by restraining it where it is too lax and luxuriant, has occasioned a division of remedial Acts of Parliament into enlarging and restraining statutes, 1 Bl. Com. 86....
May confirm
May confirm, The words 'may confirm' show that the Government has the discretion either to confirm or not to confirm and continue the detention depending upon whether the circumstances at that date have changed so as not to necessitate any more the continuation of his detention, Shibapada Mukherjee v. State of West Bengal, AIR 1972 SC 1356: (1974) 3 SCC 50.(ii) The expression 'may confirm' in cl. (f) of s. 8 of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 is significant. It imports a discretion. Even where the Advisory Board makes a report that in its opinion, there is sufficient cause for the detention concerned, the Government may not confirm the detention order. Read in the light of art. 22(4) of the Constitution and the context of the words 'continue the detention', they definitely lead to the conclusion that the sine qua non for continuing the detention made beyond the period of three months, is the confirmation of the detention order by the ap...
abandonment
abandonment 1 : the act of abandoning property or a right: as a : relinquishment by an inventor of the right to enforce a patent see also dedication b : an author's relinquishment to the public domain of his or her copyrighted work c : relinquishment of a trademark established by a failure to use the trademark and an intention never to resume use d : the act of an insured in surrendering all rights to damaged or lost property to an insurer as a total loss compare salvage e : relinquishment by a trustee in bankruptcy of interest in property in the bankruptcy estate often for a nominal sum 2 : the act of abandoning a person: as a : failure to have contact with a spouse that is intended to create a permanent separation b : failure to communicate with or provide financial support for one's child over a period of time that shows a purpose to forgo parental duties and rights 3 : the act of abandoning a contract 4 a : the act of abandoning a course of action (as a crime) b : th...
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