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Malik or milkiyat

'malik' has a full right of alienation unless there is something in the context or in the surrounding circumstances to indicate that such full proprietary rights were not intended to be conferred, Sartaj Koer v. Mahadeo Bux,

Good faith

out by the very nature of the definition. The standard of care and attention must depend on the circumstances of the individual case, the nature of the imputation, the need and the opportunity for verification, the situation

Dying declaration

a state-ment by a person as to the cause of his death or as to any of the circumstances of the transaction which resulted in his death and it becomes relevant under s. 32(1) of the Indian

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Circumstantial evidence

presumptive proof when the fact itself is not proved by direct testimony, but is to be inferred from circumstances, which either necessarily or usually attend such facts. It is obvious that a presumption is more or less

Review

SC 1814 (1817): (1979) 1 SCC 321: (1978) 1 SCR 891. If there had been change in the circumstances of the case, it would be in order for the High Court to exercise its inherent powers in

Wilful disobedience

contempt, though mere failure to obey the writ may not constitute civil contempt depending upon the facts and circumstances of the case. The appropriate mode of enforcing obedience to a writ of habeas corpus is by committal

Inexpedient

Inexpedient, as it means not expedient disadvantageous in the circumstances, inadvisable, impolitic (Webster's Third New International Dictionary) see also Union of India v. Major General Madan Lal Yadav

Reasonable hypothesis

Reasonable hypothesis, before a person can be con-victed on the strength of circumstantial evidence, the circumstances in question must be satisfactorily established and the proved circumstances must bring home the offence to the accused

Knowledge

he has no reason to doubt, Emperor v. Zamin, AIR 1932 Oudh 28. Knowledge be inferred from the circumstances of the case, Emperor v. Maturanath De, AIR 1932 Cal 850. Knowledge is an awareness on the part

Cy-pres

as to execute it, though not in mode, yet in substance. If the mode should become by subsequent circumstances impossible, the general rule is not to be defeated, if it can in any other way be obtained.

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