Concernedly - Law Dictionary Search Results
Diligence
Diligence, care, of which there are infinite shades, from the slightest momentary thought to the most vigilant anxiety; but the law recognizes only three degrees of diligence: (1) Common or ordinary, which men in general exert in respect of their own concerns; the standard is necessarily variable with respect to the facts, although it may be uniform with respect to the principle. (2) High or great, which is extraordinary diligence, or that which very prudent persons take of their own concerns. (3) Low or slight, which is that which persons of less than common prudence, or indeed of no prudence at all, take of their own concerns.The Civil Law is in conformity with the Common Law. It lays down three degrees of diligence--ordinary (diligentia), extraordinary (exactissima diligentia), slight (levissima diligentia), Story on Bailments, 19.In Scots law, the term 'diligence' signifies execution. See NEGLIGENCE....
Goodwill
Goodwill, may be the whole advantage belonging to the firm, its reputation as also connection thereof. It, thus, means that every affirmative advantage as contrasted with negative advantage that has been acquired in carrying on the business whether connected with the premises of business or its name or style, everything connected with or carrying the benefit of the business, Ramnik Vallabhdas Madhwani v. Taraben Pravinlal Madhwani, (2004) 1 SCC 407: AIR 2004 SC 1084 (Partnership Act, 1932, s. 55).A business's reputation, patronage, and other intan-gible assets that are considered when apprising the business, esp. for purchase; The ability to earn income in excess of the an come that would be expected from the business veined as a mere collec-tion of assets, Black's Law Dictionary, 7th Edn., p. 703.The advantage or benefit which is acquired by a business, beyond the mere value of the capital, stock, funds, or property employed therein, incon-sequence of the general public patronage and ...
Personality of laws
Personality of laws. By the personality of laws, foreign jurists generally mean all laws concerning the condition, state, and capacity of persons; by the reality of laws, all laws which concern property of things; qu' ad rem spectant. Whenever they wish to express that the operation of a law is universal, they compendiously announce that it is a personal statute; and whenever, on the other hand, they wish to express that its operation is confined to the country of its origin, they simply declare it to be a real statute, Story's Confl. Of Laws, 8th Edn. p. 20....
Highways
Highways, all portions of land, and passage which every subject of the kingdom has a right to use. See Pratt on Highways; also defined by the Highway Act, 1835 (5 & 6 Will. 4, c. 50), s. 5, 'All roads, bridges (not being county bridges), carriage ways, cartways, horseways, bridleways, footways, cause-ways churchways and pavements. They exist either by prescription, by authority of Acts of Parliament, or by dedication to the use of the public; and see the Rights of Way Act, 1932 (22 & 23 Geo. 5, c. 45). The right of the public, when once acquired, is permanent and inalienable except by the authority of Parliament-'once a highway, always a highway.' It cannot be lost by abandonment or non-user, and the public retain the right, though they may never have occasion to use it. But the right is only a right of passing and repassing, pausing only for such time as is reasonable and usual when persons are using a highway as such. A man has no right to stand on the highway in order to shoot pheas...
Inquirendo
Inquirendo, an authority given to some official person to institute an inquiry concerning the Crown's interests.Inquirendo, mean an inquiry or investigation; esp. an inquiry into a matter concerning the Crown's interests, such as lands that are forfeited to the crown, Black's Law Dictionary, 7th Edn., p. 796....
Interested
Interested, a close relative who is a very natural witness cannot be regarded as an interested witness. The term 'interested' postulates that the person concerned must have some direct interest in seeing that the accused person is somehow or the other convicted either because he had some animus with the accused or for some other reason, Dalbir Kaur v. State of Punjab, AIR 1977 SC 472: (1977) 1 SCR 280: (1976) 4 SCC 158.Interested, postulates that the person concerned must have some direct interest in seeing the accused being convicted somehow or the other either because of animosity or some other reasons, State of Andhra Pradesh v. S. Rayappa, (2006) 4 SCC 512: (2006) 2 JT 392: (2006) 2 SCALE 321: (2006) 2 SLT 230: (2006) 3 SCJ 668: (2006) 4 SC JD 470: (2006) 3 SRJ 499: 2006 Cr LJ 1616: (2006) 2 SCC (Cri) 353: (2006) 1 Crimes 219 (SC): (2006) 1 JCC 396: (2006) 1 Recent CLR 966: (2006) 2 CRJ 363....
Knowledge
Knowledge, 'knowledge' is an awareness on the part of the person concerned indicating his state of mind. 'Reason to believe' is another facet of the state of mind. 'Knowledge' will be slightly on a higher plane than 'reason to believe'. A person can be supposed to know where there is a direct appeal to his senses and a person is presumed to have a reason to believe if he has sufficient cause to believe the same, Joti Parshad v. State of Haryana, AIR 1993 SC 1167 (1169): (1993) Supp 2 SCC 497.A state of mind entertained by a person with regard to existing facts which he has himself observed, or the existence of which has been communicated to him by persons whose veracity 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 of the person concerned indicating his state of mind, A.S. Krishnan v. State of Kerala, AIR 2004 SC 3229.Is the fact or ...
Labour dispute
Labour dispute, means a controversy between an employer and its employees concerning the terms or conditions of employment, or concerning the association or representation of those who negotiate or seek to negotiate the term or condition of employment, Black's Law Dictionary, 7th Edn., p. 878....
Misconduct and quarrel
Misconduct and quarrel, Private quarrel between an employee and a stranger with which the employer is not concerned falls outside the categories of misconduct, it cannot be reasonably disputed that acts which are subversive of discipline amongst employees or misconduct or misbehaviour by an employee which is directed against another employee of the concern may in certain circumstances constitute misconduct so as to form the basis of an order of dismissal or discharge, Lalla Ram v. D.C.M. Chemical Works Ltd., AIR 1978 SC 1004: (1978) 3 SCC 1: (1978) 3 SCR 82....
Notice
Notice, the making something known to a person of which he was or might be ignorant. Notice is either (1) statutory; (2) actual, which brings the knowledge of a fact directly home to the party; or (3) constructive or implied, which is no more than evidence of facts which raise such a strong presumption of notice that equity will not allow the presumption to be rebutted. [S. 154, I.P.C. and Art. 61(2)(a) const. 56 Indian Evidence Act]Constructive notice may be subdivided into: (a) where the facts of which actual evidence is supplied give rise to a further enquiry which a man exercising ordinary caution would make equity has added constructive notice of the facts, which that inquiry would have elicited; and (b) where there has been a designed abstinence from inquiry for the very purpose of avoiding notice. See CONSTRUCTIVE NOTICE.A purchaser with notice may protect himself by purchasing the title of another bona fide purchaser for a valuable consideration without notice; for, otherwise, ...
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