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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

Materially affected

is not a formula that has got to be specified but it is an essential requirement that is contemplated in this section, Durai Muthuswami v. N. Nachiappan, AIR 1973 SC 1419: (1973) 2 SCC 45: (1974) 1

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

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Public emergency and economic emergency

Public emergency and economic emergency, public emergency within the contemplation of this section is one which raises problems concerning the interest of the public safety, the sovereignty and

Shall be final

to the Tribunal, be final. In view of the language of the s., in our opinion, it cannot contemplate a further revision to the High Court against a decision of the Tribunal. 'Shall be final' means it

Ratification

the principal was not in existence at the time of the act, either in fact or in the contemplation of law as in the case of persons such as trustees in bankruptcy or personal repre-sentatives who acquire

Vis major force majeure usual

meaning of the condition may be made certain by evidence about a force majeure clause, which was in contemplation of parties, Dhanrajamall Gobindram v. Shamji Kalidas, AIR 1961 SC 1285 (1921): (1961) 3 SCR 1020.

Tenancy in Common

duration; hence the difference in the several modes of alienation and assurance by them. Each tenant-in-common has, in contemplation of law, a distinct tenement and a distinct freehold. Tenants-in-common hold by unity of possession, because neither of

Theft and larceny

378 of the Indian Penal Code, in this respect the offence differs from 'larceny' in English Law which contemplates permanent gain or loss, K.N. Mehra v. State of Rajasthan AIR 1957 SC 369 (372): (1957) SCR 623.

Transaction

already done and com-pleted; a 'proceeding' either something which is now going on, or if ended, is still contemplated with reference to its progress on successive stages. A transaction in the ordinary sense of the words, means

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