Consent And Implied Consent - Law Dictionary Search Results
Home Dictionary Name: consent and implied consentConsent 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....
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
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...
Acquiescence
Acquiescence, consent, either express or implied. A persons tacit or passive acceptance; implied consent to an act (Black's Law Dictionary). Passivity and inaction on foreign claims that according to customary international law usually call for protest to assent to pressure, or safeguard rights. The result is that binding legal effect is given to silence and inaction. Acquiescence, as a principle of substantive law, is grounded in the concepts of good faith and equity....
ratify
ratify -fied -fy·ing : to make valid or effective ;esp : to adopt or affirm (as the prior act or contract of an agent) by express or implied consent with the effect of original authorization [unable to rescind the contract because he ratified it by accepting the benefits] compare reform rat·i·fi·ca·tion [ra-tə-fə-kā-shən] n rat·i·fi·er [ra-tə-fī-ər] n ...
Acquiesce
Acquiesce, means to accept tacitly or passively, to give implied consent to an act, Black Law Dictionary, 7th Edn., p. 23.The word 'acquired' has also to be given the widest possible meaning. This would be so because of the language of the Explanation which makes sub-s. (1) applicable to acquisition of property by inheritance or devise or at a partition or in lieu of maintenance or arrears of maintenance or by gift or by a female's own skill or exertion or by purchase or prescription or in any manner whatsoever. Where at the commencement of the Act a female Hindu has a share in joint properties which are later on partitioned by metes and bounds and she gets possession of the properties allotted to her there can be no manner of doubt that she is not only possessed of that property at the time of the coming into force of the Act but has also acquired the same before its commencement [Hindu Succession Act, 1956 s. 14(1)], Badri Pershad v. Kanso Devi, AIR 1970 SC 1963 (1966): (1970) 2 SCR ...
Appropriation of goods
Appropriation of goods, Upon a contract for sale of unascertained or future goods is an act identifying goods specifically with the contract. The appropriation may be made by either party with the express or implied consent of the other absolutely or conditionally or revocably, delivery to the buyer or a bailee without any reservation of the right of disposal transfers the property. See (English) Sale of Goods Act, 1893 (56 & 57 Vict. c. 71) s. 21....
Lex loci contractus
Lex loci contractus (the law of the place of the contract). Generally speaking, the validity of a contract is decided by the law of the place where it was made. If valid there, it is, by the general law of nations (jure gentium), held valid everywhere, by the tacit or implied consent of the parties. the rule is founded not merely in the convenience, but in the necessities of nations; for otherwise it would be impracticable for them to carry on an extensive intercourse and commerce with each other. the whole system of agencies, of purchases and sales, of mutual credits, and of transfers of negotiable instruments, rests on this foundation; and the nation which should refuse to acknowledge the common principles would soon find its whole commercial intercourse reduced to a state like that in which it now exists among savage tribes.The same rule applies to the invalidity of contracts; if void or illegal by the law of the place of the contract, they are generally held void and illegal everyw...
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 ...
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...
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