Contracting State - Law Dictionary Search Results
Solemnise
performed with proper ceremonies and due form it cannot be said to be solemnized, Bhaurao Shankar Lokhande v. State of Maharashtra, AIR 1965 SC 1564 (1565): (1965) 2 SCR 837. (Hindu Marriage Act, 1955, s. 17, 3) … 1564 (1565): (1965) 2 SCR 837. (Hindu Marriage Act, 1955, s. 17, 3) To enter into (a marriage, contracts etc.) by a formal act usu. before witness, Black's Law Dictionary, 7th Edn., p. 1398
Del credere agent
Beyond that he is either a principal or an agent of the buyer see Seksari Cotton Mills v. State of Bombay, AIR 1953 SC 278 (281). Del credere agent, is one who, usually for extra remuneration, undertakes … extra remuneration, undertakes to indemnify his employer against loss arising from the failure of persons with whom he contracts to carry out their contracts, Halsbury's Laws of England 1(2), para 13, p. 11.
Stare decisis
followed for a long period of time, and has been acted upon by persons in the formation of contracts or in the disposition of their property, or in the general conduct of affairs, or in legal procedure … future, Sakshi v. Union of India, (2004) 5 SCC 578 (538). The principle of stare decisis is thus stated in Halsbury's Laws of England, Second Edition*: Halsbury's Vol. XIX, p. 257, para. 557: Apart from any question
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Admiralty
Admiralty, the Executive Department of State which presides over the naval forces of the kingdom. The normal head is the 'Lord High Admiral,' but … of the Service, two Civil Lords and a Secretary. Means a court that exercises jurisdiction over all maritime contracts, torts, injuries or offences. The federal courts are so-called when exercising their admiralty jurisdiction, which is conferred by
Prospectus
every prospectus issued by or on behalf of a company or engaged or interested in its formation, must state the matters specified in Part I. of the 4th Schedule and set out the reports specified in Part … or not to the public, or to existing members or debenture holders of the company. By s. 36, contracts referred to in a prospectus are not to be varied without the approval of the statutory meeting (q.v.).
Parol evidence
of the parties, it would be void on account of uncertainty. Consult Chitty or Addison or Leake on Contracts; Best, Roscoe, or Taylor on Evidence; Wigram on Wills; Norton on Deeds. … it is important to show a consideration or a different consideration consistent with, and not repugnant to, that stated in the deed itself; (5) where it becomes necessary to show a different time of delivery from that
frustration
of contract claim, the reason for making the contract must have been contemplated or recognized by both the contracting parties even though it was not expressed in the contract. … frustration 1 a : the act of frustrating b : the state or an instance of being frustrated c : something that frustrates 2 : a common-law doctrine of contract
Conditions of sale
upon default by the purchaser, and any special conditions which may be necessary or advisable owing to the state of the property or the title and any defects or difficulties in proving it, incumbrances affecting the property, … towards the cost of certain formalities required to give effect to the vendor's title; (c) in regard to contracts for sale or exchange made after 1925, that the purchaser shall bear the cost of tracing or getting
Wharfinger
a rule, they have a general lien for the balance of their account, Consult Chitty or Addison on Contracts. The owner or occupatio of a wharf; one who keeps a wharf to receive merchandise for forwarding or … Sriyanesh Knitters, (1999) 7 SCC 359. It is defined as the occupier of wharf and it is further stated that as a rule, wharfingers have a general lien for the balance of their account, Jowitt's Dictionary of
bond
ensure payment of court costs depository bond : a bond given by a bank often for deposits from state or municipal governments that covers the amount of the deposit in the event of the bank's insolvency fidelity … a person undertakes to perform a certain act (as appear in court or fulfill the obligations of a contract) or abstain from performing an act (as committing a crime) with the condition that failure to perform or
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