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Consent - Law Dictionary Search Results

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Consent

Consent, an act of reason accompanied with delib-erations, the mind weighing, as in a balance, the good or evil on either side. Consent supposes three things-a physical power, a mental power, and a free and serious use of them. Hence it is that if consent be obtained by intimidation, force, meditated impositions, circumvention, surprise, or undue influence, it is to be treated as a delusion, and not as a deliberate and free act of the mind. In relation to Criminal Law, see (English) Criminal Law Amendment Acts, 1885-1922, and see AGE; ABDUCTION.The word 'consent' as used in s. 30(2) of the Sale of Goods Act means 'agreeing on the same thing in the same sense' as defined in s. 13 of the Indian Contract Act. A consent induced by false representation may not be free, but it can nevertheless be real, and ordinarily the effect of fraud or misrepresentation is to render a transaction voidable only and not void, Central National Bank Ltd. v. United Industrial Bank Ltd., AIR 1954 SC 181: (1954...


Connivance and consent

Connivance and consent, Connivance means consent. The plea of consent is one thing: the fact that connivance means consent (assuming that it does) is quite another. Connivance may in certain situations amount to consent, which explains why the dictionaries give 'consent' as one of the meanings of the word 'connivance' Consent implies that parties are ad idem. Connivance does not necessarily imply that parties are of one mind, Charan Lal Sahu v. Giani Zail Singh, AIR 1984 SC 309 (316): (1984) 1 SCC 390. [Presidential and Vice-Presidential Elections (Amendment) Act, 1952, s. 18(1)(a)]...


Consent and implied consent

Consent and implied consent, the consent as en-visaged under s. 11(4)(i) of the Kerala Buildings (Lease and Rent Control) Act, 1965 would mean consent with some positive act which may lead to inference of conferring right on the tenant to sub-let the premises and mere inaction would not be sufficient to amount to implied consent on the part of the landlord, conservation, P John Chandy and Co. (P.) Ltd. v. John P. Thomas, AIR 2002 SC 2057 (2062): (2002) 5 SCC 90. [Kerala Buildings (Lease and Rent Control) Act (2 of 1956) s. 11 (4) (i)]Requires voluntary participation not only after the exercise of intelligence based on the knowledge of the significance and moral quality of the act but after having fully exercised the choice between resistance and assent, State of Himachal Pradesh v. Mango Ram, (2000) 7 SCC 224....


Such consent, however

Such consent, however, not to be unreasonably.... person, such consent, however, not to be unreason-ably withheld in the case of respectable or responsible person.... These words in the lease deed did not amount to a separate or independent covenant by the lessor that he would not refuse consent except upon reasonable grounds in the case of respectable or responsible person, but only limited or qualified the lessees covenant not to assign without the lessor's consent by relieving him form the burden of the covenant if the lessor withheld his consent unreasonably in the case of proposed assignment to a respectable or responsible person, Kamala Ranjan Roy v. Baijnath Bajoria, AIR 1951 SC 1: (1950) SCR 840...


consent

consent 1 a : compliance in or approval of what is done or proposed by another ;specif : the voluntary agreement or acquiescence by a person of age or with requisite mental capacity who is not under duress or coercion and usually who has knowledge or understanding see also age of consent, informed consent, rape, statutory rape b : a defense claiming that the victim consented to an alleged crime (as rape) 2 : agreement as to action or opinion [shall have power, by and with the advice and of the Senate, to make treaties "U.S. Constitution art. II"] [a contract is formed by the of the parties established through offer and acceptance "Louisiana Civil Code"] ;specif : voluntary agreement by a people to organize a civil society and give authority to a government consent vi con·sent·er n ...


Free consent

Free consent, defined, Consent is said to be free when it is not caused by--(1) coercion, as defined in s. 15, or(2) undue influence, as defined in s. 16, or(3) fraud, as defined in s. 17, or(4) misrepresentation, as defined in s. 18, or(5) mistake, subject to the provisions of ss. 20, 21 and 22.Consent is said to be caused when it would not have been given but for the existence of such coercion, undue influence, fraud, misrepresentation or mistake. [Contract Act, (9 of 1872), s. 14]...


age of consent

age of consent :the age at which a person is deemed competent by law to give consent esp. to sexual intercourse or marriage see also statutory rape compare emancipation, legal age ...


informed consent

informed consent : consent to medical treatment by a patient or to participation in a medical experiment by a subject after achieving an understanding of what is involved and esp. of the risks ...


Assent, or Consent

Assent, or Consent, agreeing to or recognizing a matter, as an executor's assent to a legacy, or the assent of a corporation to bylaws, etc., see ROYAL ASSENT....


Consent-rule

Consent-rule, a superseded instrument, in which a defendant in an action of ejectment specified for what purpose he intended to defend, and undertook to confess not only the fictitious lease, entry, and ouster, but that he was in possession....


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