Difficulty - Law Dictionary Search Results
Home Dictionary Name: difficultyDifficulty
The state of being difficult or hard to do hardness arduousness opposed to easiness or facility as the difficulty of a task or enterprise a work of difficulty...
Certifies
Certifies, the word 'certifies' is a strong word. It indicates that the High Court must bring its mind to bear on the question and as in all cases of judicial orders and certificates, the reasons for the order must be apparent on the face of the order itself. The Supreme Court must be in a position to know first that the High Court had applied its mind to the matter and not acted mechanically and, secondly, exactly what the High Court's difficulty is and exactly what question of outstanding difficulty or importance the High Court feels the Supreme Court ought to settle, Baladin v. State of Uttar Pradesh, AIR 1956 SC 181 (188). [Constitution of India, Art. 134(1)(c)]The word 'certifies' in sub-article (1)(c) is a strong word which requires the High Court to look closely into the case to see if any special consideration arise. If a case does not involve any question of law, then however difficult the question of fact may be, that would not justify the grant of a certificate under Article...
Impracticability
Impracticability, 'Impracticability' is a concept different from 'impossibility' for while the latter is absolute, the former introduces at all events some degree of reason and involves some regard for practice. 'Impracticable' presupposes that the action is 'possible' but owing to certain practical difficulties or other reasons it is incapable of being performed, Major Radha Krishan v. Union of India, AIR 1996 SC 3091 (3093): (1996) 3 SCC 507.The meaning of the term 'impracticable' in sub-rule (2) of Rule 14. In Major Radha Krishan case ((1996) 3 SCC 507: 1996 SCC (L&S) 761.) the Supreme Court has held: 'When the trial itself was legally impossible and impermissible the question of its being impracticable, in our view cannot or does not arise. 'Impracticability' is a concept different from 'impossibility' for while the latter is absolute, the former introduces at all events some degree of reason and involves some regard for practice. According to Webster's Third New International Dict...
Magna Carta
Magna Carta, [Latin 'great charter'] The English charter that King John granted to the barons in 1215 and Henry III and Edward I later confirmed. It is generally regarded as one of the great common-law documents and as the foundation of constitution liberties. The other three great charters of English Liberty are the Petition of Right (3 Car. (1628)), the Habeas Corpus Act (31 Car. 2 (1679)), and the Bill of Rights (1 Will. SM. (1689)). Also spelled Magna charta, Black's Law Dictionary, 7th Edn., p. 963.This Great Charter is based substantially upon the Saxon Common Law, which flourished in this kingdom until the Normaninvasion consolidated the system of feudality, still the great characteristic of the principles of real property. The barons assembled at St.Edmund's Bury, in Suffolk, in the later part of the year 1214, and there solemnly swore upon the high alter to withdraw their allegiance from the Crown, and openly rebel, unless King John confirmed by a formal charter the ancient li...
Post-dated cheque
Post-dated cheque, are not invalid, but the banker should not pay such a cheque if presented before the date it bears. If therefore, a cheque dated on a Sunday is presented on the previous business day, it should be returned with the answer post-dated. A post-dated cheque, however, if presented at or after its ostensible date, should be paid though the banker knows it to be post-dated, and even if it has been presented before the date and refused payment, Halsbury's Laws of England, 4th Edn., Vol. 3(1), p. 143.Means a cheque must not be post-dated, that is, dated after the day on which it is presented for payment to the drawee branch. Post-dated cheques present for more difficulties to the banker than antedated cheques. There are practical difficulties rather than legal ones ..... But a cheque is generally post-dated because the drawer does not expect to have the funds to meet it until that date arrives. It is a mandate to the banker to the effect that it should not be paid before that...
admissible
admissible : capable of being allowed or permitted [the difficulty would be lessened if entries in books of account were as prima facie evidence "B. N. Cardozo"] ad·mis·si·bil·i·ty [-mi-sə-bi-lə-tē] n ...
credit repair companies
credit repair companies Private, for-profit businesses that claim to offer consumers credit and debt repayment difficulties assistance with their credit problems and a bad credit report. Source: U.S. Department of Housing and Urban Development ...
fair play and substantial justice
fair play and substantial justice : a requirement or standard of fairness which a court's assertion of personal jurisdiction over a nonresident defendant must meet in order to avoid a violation of the defendant's right to due process see also minimum contacts International Shoe Co. v. Washington in the Important Cases section NOTE: In International Shoe Co. v. Washington, the Supreme Court held that in order for a state court to exercise jurisdiction over a defendant whose residence is elsewhere, the court must establish that the defendant has such minimum contacts with the state that the exercise of jurisdiction over the defendant does not offend traditional notions of fair play and substantial justice. Among the factors used to make this determination are the difficulty for the defendant of appearing in the court, the state's interest in deciding the case, and the plaintiff's interest in the convenience of the court and the effectiveness of the relief to be obtained there. ...
impracticability
impracticability 1 : the state of being impracticable 2 : a doctrine in contract law: relief from obligations under a contract may be granted when performance has been rendered excessively difficult, expensive, or harmful by an unforeseen contingency ;also : a defense to breach of contract on the ground that it has been rendered impracticable called also commercial impracticability impracticability of performance compare frustration impossibility of performance at impossibility NOTE: Under section 2-615 of the Uniform Commercial Code, the impracticability must arise “by the occurrence of contingency the non-occurrence of which was a basic assumption on which the contract was made” or by compliance with the law. 3 : excessive difficulty in carrying out a procedure (as joinder) ...
partial payment
partial payment a payment that is less than the total amount owed on a monthly mortgage payment. Normally, lenders do not accept partial payments. The lender may make exceptions during times of difficulty. Contact your lender prior to the due date if a partial payment is needed. Source: U.S. Department of Housing and Urban Development ...
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