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Home Dictionary Name: da Page: 4damage
damage [Old French, from dam injury, harm, from Latin damnum financial loss, fine] 1 : loss or harm resulting from injury to person, property, or reputation 2 pl : the money awarded to a party in a civil suit as reparation for the loss or injury for which another is liable see also additur, cover, mitigate, remittitur compare declaratory judgment at judgment, injunction specific performance at performance NOTE: The trier of fact determines the amount of damages to be awarded to the prevailing party. More than one type of damages may be awarded for a single injury. actual damages : damages deemed to compensate the injured party for losses sustained as a direct result of the injury suffered called also compensatory damages consequential damages : special damages in this entry direct damages : damages for a loss that is an immediate, natural, and foreseeable result of the wrongful act compare special damages in this entry ex·em·pla·ry damages [ig-zem-plə-r...
Daed-bana
Daed-bana, the actual perpetrator of a homicide...
Sic utere tuo ut alienum non l'das
Sic utere tuo ut alienum non l'das. 9 Rep. 59.-(Use your own rights so that you do not hurt those of another.) See Broom's Legal Maxims, citing especially Bonomi v. Backhouse, (1861) 9 HLC 511; and also Fletcher v. Rylands, (1866) LR 1 Ex 265; 1 Smith's Leading Cases, and the notes thereto...
Due process of law
Due process of law, A.K. Gopalan v. State of Madras, AIR 1950 SC 27: 1950 SCR 88. [Constitution of India, Art. 21]It embraces the fundamental concept of a fair trial, with opportunity to be heard, Thomas v. Baptiste (PC), (1999) 3 WLR 249.Is a concept adopted by the American Constitution the process of law which hears before it condemns; judiciary can declare a law bad, if it is not in accordance with due process even though the legislation may be within the competence of the legislature concerned, Commentary on the Constitution of India, Durga Das Basu, 6th Edn., Vol. D, p. 83.Is a standard which determines the contents of 'due process' is the fundamental principle of liberty and justice, the essentials of a fair trial, the fundamental fairness etc., , Commentary on the Constitution of India, Durga Das Basu, 6th Edn., Vol. D, p. 83.It has a procedural and substantive meaning, the requirements of procedural due process are public trial, not vitiated by pressure from any mob, impartial ...
Collective responsibility
Collective responsibility, the concept of collective responsibility is essentially a political concept. The country is governed by the party in power on the basis of the policies adopted and laid down by it in the Cabinet meeting. 'Collective responsibility' has two meanings: the first meaning which can legitimately be ascribed to it is that all members of a government are unanimous in support of its policies and would exhibit that unanimity on public occasions although while formulating the polices, they might have expressed a different view in the meeting of the Cabinet. The other meaning is that Ministers, who had an opportunity to speak for or against the polices in the Cabinet are thereby personally and morally responsible for its success and failure, Common Cause, A Registered Society v. Union of India, (1999) 6 SCC 667 (698): AIR 1999 SC 2977. [Constitution of India, Arts. 75(3), 226 and 32]Is the responsibility of a number of individuals acting together, responsibility of a Cab...
Entrust
Entrust, means 'To give (a person) the responsibility for something, usually after establishing a confidential relationship', (Black's Law Dictionary) see also National Insurance Co. Ltd. v. Ishar Das Madan Lal, (2007) 4 SCC 105.Entrust, means 'To confer as a responsibility, duty, etc. to place something in another case' (Webster's Universal Dictionary), see also National Insurance Co. Ltd. v. Ishar Das Madan Lal, (2007) 4 SCC 105.Entrust, would imply giving responsibility to a person upon whom the owner has confidence. It envisages establishment of a relationship, National Insurance Co. Ltd. v. Ishar Das Madan Lal, (2007) 4 SCC 105....
Inter-State Council
Inter-State Council, in Australia an inter-State Commission is established for the execution and maintenance within the Commonwealth of the provisions of the Australian Constitution relating to trade and commerce; in U.S.A. the Council of State Governments is created to consider inter-State problems of broadest character, Commentary on the Constitution of India, Durga Das Basu, 6th Edn., Vol. K, p. 200.Inter-State Council, in India, the Inter-State Council is established by the President by an Order in the public interest the President defines the nature of duties to be performed by it and its organisation and procedure; the duties of the Council are:(a) to inquire into and advise upon disputes which may have arises between States;(b) to investigate and discuss subject of common interest between the Union and the States or between two or more States;(c) to make recommendation upon any such subject particularly for better co-ordination of policy and action with respect to that subject, ...
Religion
Religion, in a wide sense, therefore, is those fundamental principles which sustain life and without which life will not survive, Aruna Roy v. Union of India, (2002) 7 SCC 368.Religion, in Australia, the Constitution gives right to a person to follow his own religious belief and can freely exercise his religion, A Commentary on the Constitution of India, Durga Das Basu, Vol. D, p. 198.Religion, in Sri Lanka, the Constitution guarantees a citizen freedom of religion subject to the restrictions prescribed by law in the interest of national unity, integrity and security, A Commentary on the Constitution of India, Durga Das Basu, Vol. D, p. 200.Religion, in U.K., the Protestant Church headed by the Crown is by law established and built into the fabric of the English Constitution. The State has accepted the Protestant Church as a religious body reflecting the Christian faith, A Commentary on the Constitution of India, Durga Das Basu, Vol. D, p. 200.Religion, is a matter of faith stemming fr...
Person
Person, a Hindu Undivided Family is a person, Kshetra Mohan-Sannyasi Charan Sadhukhan v. Commissioner of Excess Profit Tax, West Bengal, AIR 1953 SC 516.According to company law it does not mean an unregistered firm, Firm Pannaji v. Devichand Kapurchand, 99 IC 640.Person, does not include court, Kharka Gigabhai Mavji v. Soni Jagjivan Kanji, (1979) 20 Guj LR 256.Person, implies only an individual and does not bear scrutiny when construed in the case of a company, a firm of partners or an association of persons, J.K. Industries Ltd. v. Chief Inspector of Factories and Boilers, (1997) SCC (205) 1.Person, in an Act of Parliament passed after 1st January, 1890, includes 'any body of persons corporate or unincorporate' unless the contrary intention appears, Interpretation Act, 1889, s. 19. A corporation, such as a limited company, may be a 'respectable and responsible person' within the meaning of a covenant against assignment in a lease, Willmott v. London Road Car Co., (1910) 2 Ch 525. A c...
Undue influence
Undue influence, Any influence, pressure, or domination in such circumstances that the person acting under that influence may be held not to have exercised his free and independent volition in regard to the act.As to gifts, see title SPIRITUALISM and Lyon v. Home, (1868) LR 6 Eq 655, and as to wills, see Parfitt v. Lawless, (1872) LR 2 P&M 462.In the case of benefits or advantages obtained in certain relationships, the existence of this influence is presumed, e.g., guardian and ward, a parent over a child upon or soon after attaining age and the possession of property, a guide or instructor, medical advisers, ministers or professors of religion, managers of business [Coomber v. Coomber, (1911) 1 Ch 174], attendants upon or advisers of aged and infirm people. In such cases, in regard to transactions inter vivos, the onus of proving absence of undue influence lies on the person claiming the benefit of the disposition or act, and in some cases, e.g., gifts by clients to their solicitors (...
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