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Actus curiae neminem gravabit.

Actus curiae neminem gravabit. Jenk. Cent. 119.--(An act of the Court will hurt no person) See Broom's Leg. Max., citing Cumber v. Wane, (1719) 1 Str. 126; 1 Smith L. C., in which it was held that if one party to an action die during a curia advisari vult, judgment maybe entered nunc pro tunc--a principle recently applied in Ecroyd v. Coulthard, (1897) 2 Ch 554: (1898) 2 Ch 358.No act of Court should harm a litigant and it is the bounden duty of Courts to see that if a person is harmed by a mistake of the Court he should be restored to the position he would have occupied but for that mistake, Jang Singh v. Brij Lal, (1964) 2 SCR 145, (para 16); See Also CIT v. B. N. Bhattacharjee, (1979) 4 SCC 121: AIR 1979 SC 1725; Raj Kumar Dey v. Taropado Dey, (1987) 4 SCC 398; AIR 1987 SC 2195, Nand Kishore Morwah v. Samundri Devi, (1987) 4 SCC 382: AIR 1987 SC 2284, Atama Ram Mital v. Ishwar Singh, (1988) 4 SCC 284: AIR 1988 SC 2031; Mithilesh Kumari v. Prem Behari Khare, (1989) 2 SCC 95: AIR 1989...


Appeal

Appeal [fr. appellatio, Lat.; appeller, Fr.]. the judicial examination of the decision by a higher Court of the decision of an inferior Court. Thus there is an appeal from the High Court to the Court of Appeal (see (English) Judicature Act, 1925, s. 27), from the Court of Appeal to the House of Lords (see s. 3 of the (English) Appellate Jurisdiction Act, 1876, c. 59), from the Petty Sessions to Quarter Sessions, where the appeal is by way of retrial (see s. 19 of the (English) Summary Jurisdiction Act, 1879, also Summary Jurisdiction (Appeals) Act, 1933, and SESSIONS OF THE PEACE), from the County Courts to the Court of Appeal (see s. 105 of the County Courts Act, 1934, and next title), and in criminal matters, to the Court of Criminal Appeal under the (English) Criminal Appeal Act, 1907, or under the (English) Crown Cases Act, 1848 (11 & 12 Vict. c. 78). Appeals to the House of Lords in forma pauperis are checked by the (English) Appeal (Forma Pauperis) Act, 1893 (56 & 57 Vict. c. 22)...


Lex non cogit ad impossibilia

Lex non cogit ad impossibilia. Hob. 96.--(The law does not compel to impossibilities.) see IMPOSSIBILITY.The law does not compel to imopossible ends. See State of Rajasthan v. Shamsher Singh, 1985 Supp SCC 416: AIR 1985 SC 1082; Raj Kumar Dey v. Tarapado Dey, (1987) 4 SCC 398: AIR 1987 SC 2195; Vinod Krishna Kaul v. Union of India, (1996) 1 SCC 41....


Such detention

Such detention, refers to preventive detention and not to any period for which such detention is to continue because the decision about the period of detention can only be taken by the detaining authority, State of West Bengal v. Ashok Dey, (1972) 1 SCC 199; Pooran Lal v. Union of India, 1958 SCR 460. [See Constitution of India, Art. 22(a)(4)]The expression 'such detention' in Article 22(4)(a) of the Constitution refers to preventive detention and not to an period for which such detention should continue and s. 11(1) of the Preventive Detention Act does not contravene the provision of Article 22(4) (a) of the Constitution, Puranlal Lakhanpal v. Union of India, AIR 1958 SC 163: (1958) SCR 460. See also State of West Bengal v. Ashok Dey, AIR 1972 SC 1660....


Dey

A servant who has charge of the dairy a dairymaid...


Deye

To die...


Betting

Betting. For definition and for s. 18 of the (English) Gaming Act, 1845 (8 & 9 Vict. c. 109), see WAGER.Bets are irrecoverable at law by virtue of s. 18 of the (English) Gaming Act, 1845, and the (English) Gaming Act, 1892 (55 & 56 Vict. c. 9). The latter statute gets rid of the decision in Real v. Anderson, (1884) 13 QBD 779; and see Tatam v. Reeve, (1893) 1 QB 44; and De Mattos v. Benjamin, (1894) 70 LT 560. In the case of a cheque given in payment of a gaming transaction the combined effect of s. 1 of the (English) Gaming Act, 1710 (9 Anne, c. 14), and ss. 1 and 2 of the (English) Gaming Act, 1835, was that if it was paid to any indorsee or holder, the amount so paid could be recovered by the drawer from the payee, Dey v. Mayo, (1920) 2 KB 346; Sutters v. Briggs, (1922) 1 AC 1. The Gaming Act, 1922, does away with this position.The (English) Betting Act, 1853 (16 & 17 Vict. c. 119)--as to which see Reg. v. Brown, (1895) 1 QB 119--elaborately provides for suppressing of houses, rooms...


Directly

Directly, The word 'directly', according to Webster's New World Dictionary, means 'in a direct way, without a person or thing coming between'; 'immediately as directly responsible', The use of the expression 'directly' in the context of the word 'worked', followed by the words 'by him' unmistakably shows that the Legislative intent was to allow only those intermediaries to retain land comprised nor appertaining to a mine, as lessees under the State, who immediately before the date of vesting, were working the mine under their immediate control, management and supervision. Thus construed, the phrase 'being directly worked by him' in the s. will not take in a case where the mine was being worked through a lessee or licensee to whom the right to conduct mining operations and to take away the mineral had been granted by the intermediary in consideration of receiving a periodic rent, royalty or a like amount, Shri Shri Tarakeshwar Sio Thakur Jiu v. Bar Dass Dey & Co. (1979) 3 SCC 106: AIR 1...


Excavation

Excavation, the term 'excavation', in the ordinary dictionary sense, means 'hole', 'hollow' or 'cavity' made by digging out', Tarkeshwar Sio Tholrur Jiu v. B.D. Dey, AIR 1979 SC 1669 (1671). [West Bengal Estates Acquisition Act, (1 of 1954), s. 28]...


Mining operations

Mining operations, means any operations undertaken for the purpose of winning any mineral. [Mines and Minerals (Development and Regulation) Act, 1957 (67 of 1957), s. 3 (d)]Mining of operations and 'winning of minerals' The expression 'winning of mineral'in the definition of 'mining operations' is spacious enough to comprehend every activity by which the mineral is extracted or obtained from the earth irrespective of whether such activity is carried out on the surface or in the bowels of the earth, Shri Shri Tarakeshwar Sio Thakur Jiu v. Bar Dass Dey & Co., AIR 1979 SC 1669: (1979) 3 SCC 106....


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