Continuing Guarantee - Law Dictionary Search Results
Home Dictionary Name: continuing guaranteeContinuing guarantee
Continuing guarantee, is one which extends to a series of transactions and is not exhausted by nor confined to a single credit or transaction, Halsbury's Laws of England, Vol. 20, para 101, p. 58....
Guarantee
Guarantee, he to whom a guaranty is made; also, and more commonly, the guaranty itself. See GUARANTY.The assurance that a contract or legal act will be duly carried out; Something given or existing as security, such as to fulfill a further engagement or a condition subsequent, Black's Law Dictionary, 7th Edn., p. 711.Company limited by. See COMPANIES.Guarantee includes any obligation undertaken before the commencement of this Constitution to make payments in the event of the profits of an undertaking falling short of a specified amount. [Constitution of India, Art. 366(13)]Guarantee, is in collateral engagement to answer for the debt, default, or miscarriage of another person, a promise to another as debtor to secure the payment of a debt payable to him, Stroud's Judicial Dictionary, Vol. 2, p. 1111.Includes any obligation undertaken before the com-mencement of the constitution to make payments in the event of the profits of an undertaking falling short of a specified amount, Constitut...
Guaranty, or Guarantee
Guaranty, or Guarantee, a promise to a person to be answerable for the payment of a debt or the performance of a duty by another, in case he should fail to perform his engagement. An offer to guarantee until it be accepted is not binding. At Common Law a guarantee need not have been in writing, but the Statute of Frauds (29 Car. 2, c. 3), s. 4, enacts that 'No action shall be brought whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriages of another person, unless the agreement upon which such action shall be brought, or some memoran-dum or note thereof, shall be in writing, and signed by the party to be charged therewith or some other person thereunto by him lawfully authorized.' In case of guarantees, great inconvenience had resulted from the construction put upon the above s., viz., that the consideration for the promise of the guarantor must appear upon the written instru-ment. To remedy this, the Mercantile Law Amend-ment Act, 1856...
Performance guarantee
Performance guarantee, includes the documents such as letter of comfort, paper purchase agreement, state support agreement, concession agreement for infrastructure project and other agreements guaranteed in certain performance on behalf of government departments, public sector undertakings, local authorities, statutory boards, corporations and cooperative institutions. [West Bengal Ceiling on Government Guarantees Act, 2001, s. 2(d)]...
guarantee
guarantee [probably alteration of guaranty] 1 : guarantor 2 : guaranty 3 : an assurance that a condition will be fulfilled: as a : an agreement by which one person undertakes to secure another in the possession or enjoyment of something b : an assurance of the quality or of the length of use to be expected from a product offered for sale often with a promise of reimbursement 4 : guaranty [constitutional s] guarantee vt ...
Contract of guarantee
Contract of guarantee, in relation to any hire-purchase agreement, means a contract whereby a person (in this Act referred to as the surety) guarantees the performance of all or any of the hirer's obligations under the hire-purchase agreement. [Hire-Purchase Act, 1972 (26 of 1972), s. 2 (a)]...
Continuing offence
Continuing offence, means type of crime which is committed over a span of time, Gokal Patel Volkart Ltd. v. Dundoyya Guru Shiddaiah Hiremath, (1991) 2 SCC 141 (145). [Criminal Procedure Code, 1973, s. 472 and 468(2)(a)]A continuing offence is one which is susceptible of continuance and is distinguishable from the one which is committed once and for all. It is one of those offences which arises out of a failure to obey or comply with a rule or its requirement and which involves a penalty, the liability for which continues until the rule or its requirement is obeyed or complied with. On every occasion that such disobedience or non-compliance occurs and reoccurs, there is the offence committed. The distinction between the two kinds of offences is between an act or omission which constitutes an offence once and for all and an act or omission which continues, and therefore, constitutes a fresh offence every time or occasion on which it continues, State of Bihar v. Deokaran Nenshi, (1972) 2 ...
Puis darrein continuance, plea of
Puis darrein continuance, plea of. In olden times, when the pleadings were each entered separately on the record, every entry after the first was called a continuance. When the matter of defence arose after writ, but before plea or continuance, it was said to be pleaded 'to the further maintenance' of the action. When it arose after plea or continuance it was called a plea of puis darrien continuance--since the last continuance; see 1 H&C 797 (Odgers on Pleading, 7th Edn., p. 232).'Pleading after action' is now regulated by Order XXIV. Of the Rules of the Supreme Court....
Expiring laws continuance Acts
Expiring laws continuance Acts. Acts so called and continuing, generally until the end of the year following that in which they are passed, temporary Acts which would otherwise expire have for many years been passed at the end of each session of Parliament. The practice of passing temporary acts and continuing them by annual continuance Acts is a very old one, which has frequently caused complaint in the House of Commons (see Solicitors' Journal, April 18th, 1903). The (English) Ballot Act, 1872 (35 & 36 Vict. c. 33), was, for example, kept in force by annual inclusion in successive Expiring Laws Continuance Acts until 1908, when it was made permanent. The (English) Expiring Laws Act, 1922, made nineteen Acts permanent, thus effecting a simplification long overdue, and the (English) Expiring Laws Acts of 1925 and 1932 made permanent several other statutes....
Continuous
Without break cessation or interruption without intervening space or time uninterrupted unbroken continual unceasing constant continued protracted extended as a continuous line of railroad a continuous current of electricity...
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