Course Of Performance - Law Dictionary Search Results
course of performance
course of performance :the conduct of parties during a business deal requiring repeated performances that creates an understanding between the parties as to performance and that may be used to help interpret their agreement in instances of dispute compare course of dealing, practical construction, usage of trade ...
course of dealing
course of dealing :the conduct of parties to a business deal during past business deals that may be used as a basis for understanding each other's expressions and conduct during the current deal compare course of performance, usage of trade ...
usage of trade
usage of trade :a practice or method of dealing that is regularly observed in a place, vocation, or trade and that one justifiably expects to be followed by another party to a commercial transaction compare course of dealing, course of performance NOTE: Evidence of a usage of trade may be admissible as supplementing the express terms of a disputed contract when it does not contradict them. ...
practical construction
practical construction 1 : the interpretation of the terms of a contract as shown by the performance of the parties that may be used by the court to help determine the intent of the parties ;also : the doctrine that permits such a method of discerning intent compare course of performance 2 : interpretation of a statute or document in a manner that does not defeat its purpose esp. when a strict interpretation would produce clearly unintended or absurd results ...
Ragging
Ragging, any disorderly conduct whether by words spoken or written or by an act which has the effect of teasing, treating or handling with rudeness any other student, indulging in rowdy or indisciplined activities which causes or is likely to cause annoyance, hardship or psychological harm or to raise fear or apprehension thereof in a fresher or a junior student or asking the students to do any act or perform something which such student will not do in the ordinary course and which has the effect of causing or generating a sense of shame or embarrassment so as to adversely affect the physique or psyche of a fresher or a junior student. The cause of indulging in ragging is deriving a sadistic pleasure or showing off power, authority or superiority by the seniors over their juniors or freshers, President v. J. Mission v. Cabinet Secretary, AIR 2001 SC 2793 (2794): (2001) 6 SCC 577.Ragging, means the doing of any act which causes, or is likely to cause any physical, physiological harm or ...
Execution
Execution, the last state of a suit whereby possession is obtained of anything recovered by a judgment. It is styled final process, and is regulated by R.S.C. 1883, Ord. XLII., r. 17, of which allows immediate execution in ordinary cases. See PR'CIPE.The ordinary writs of execution are capia ad satisfaciendum; fieri facias; elegit; and habere facias possessionem. See these titles respectively, especially FIERI FACIAS.As to the protection of vendor or purchaser on a sale under an execution, see Bankruptcy and Deeds of Arrangement Act, 1913, s. 15.As to the writ of capias ad satisfaciendum, see Hulbert v. Cathcart, 1896 AC 470; and it is to be borne in mind that by the (English) Debtors Act, 1869 (32 & 33 Vict. c. 62), imprisonment for debt has been abolished, except as specified in s. 4. See IMPRISONMENT.By (English) R.S.C. 1883, Ord. XLII., r. 17(b), the Court or a judge may, at or after the time of giving judgment or making an order, stay execution until such time as they or he shall ...
public record
public record : a record required by law to be made and kept: a : a record made by a public officer or a government agency in the course of the performance of a duty b : a record filed in a public office NOTE: Public records are subject to inspection, examination, and copying by any member of the public. ...
statutory employer
statutory employer : one who employs another (as a contractor) to perform work in the course of a business and who is liable for workers' compensation according to a statute establishing such an employment relationship or liability ...
Certification trade mark
Certification trade mark, Means a mark capable of distinguishing the goods or services in connection with which it is used in the course of trade which are certified by the proprietor of the mark in respect of origin, material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics from goods or services not so certified and registrable as such under Chapter IX in respect of those goods or services in the name, as proprietor of the certification trademark, of that person. [Trade Marks Act, 1999 (47 of 1999), s. 2(1)(e)]...
In pursuance of
In pursuance of, 'in pursuance of' would mean under the authority of or by virtue of or in the course of carrying out in accordance with the scheme or plan or direction or order or anything in consequence or conformable to or according to; act of pursuing, carrying out and performance, prosecution, Aircraft Employees' Housing Co-op. Society Ltd. v. Secy. Rural Development and Panchayat Raj, AIR 1996 SC 3501 (3503): (1996) 11 SCC 475. [Land Acquisition Act, (1 of 1984), s. 6(1), Expl. I.]In pursuance of used in a notification do not mean what would be conveyed in exercise of powers conferred by. Thus it may appropriately, in parti-cular case, mean 'conformable to' or in accordance with, Sadaria v. Rajasthan Board of Revenue, 1954 Raj 224 (DB)....
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