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Orchard

Orchard, a banana plantation is not an 'orchard' within the contemplation of s. 6(1)(f) of the Act, Mir Fakir Mohd v. State of West Bengal, (1978) 2 SCC 36:

Infant Settlements Act, 1855

female of seventeen years, s. 4, and see Re Phillips, (1887) 34 Ch D 467), upon or in contemplation of marriage, may, with the sanction of the Chancery Division of the High Court, make a valid settlement

Trust

is one particular duty only to perform. Again, trusts may be passive or active. A trust being, in contemplation of equity, the substantial ownership of or control over property, the person having the ownership or power can

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In or in relation to

has been committed. In other words, the s. contemplates only the proceedings pending or concluded and not in contemplation. The rationale behind these decisions is that if the two proceed-ings, one in which the offence is committed

Limitation of actions and prosecutions

is consistent with the title of the other; 3rdly, when the claimant or his successor has never, in contemplation of law, been out of possession; and 4thly, when the occupier has acknowledged the plaintiff's title. A person

Material facts and material particulars

on the other hand, are 'the details of the case set up by the party'. 'Material particulars' within contemplation of cl. (b) of s. 83(1) of RPA, 1951 would therefore mean all the details which are necessary

Measure of damage

laid down in Dunlop v. Higgins, (1848) 1 HLC 381, unless such re-sale, or sub-contract, was in the contemplation of the parties at the time of making the first contract. Damages for breach of contract for sale

Offence of adultery

then be made that the section does not allow the wife to prosecute the husband for adultery. The contemplation of the law, evidently, is that the wife, who is involved in an illicit relationship with another man,

Not yet become binding on the parties

point of time later than the making of the award. In other words the provision has in its contemplation the fact that an award in some cases may become binding only at a later stage. The award

Picketing

their own behalf or on behalf of a trade union or of an individual employer or firm in contemplation or furtherance of a trade dispute, to attend at or near a house or place where a person

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