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Home Dictionary Name: done Page: 3Competitive bidding
Competitive bidding, anything done in or about the place where a sale of goods by way of competitive bidding is held, if done in connection with the sale, must be taken to be done during the course of it, whether it is done at the time when any articles are being sold or offered for sale by way of competitive bidding or before or after any such time, Mock Auctions Act, 1961, s. 3(5) (UK), Halsbury's Laws of England, Vol. 2, para 943, p. 459....
Damage
Damage, Any loss, whether actionable as an injury or not. See DAMNUM ABSQUE INJURIA.The expression 'damage' is not necessarily confined to physical damage. Ordinarily damage is caused by physical contact of the ship, such as in collision. But damage can also be caused to property by breach of contract or acts of commission or omission on the part of the carrier or his agents or servants by reason of the negligent operation and management of the vessel, as, for example, when cargo is damaged by exposure to weather or by negligent stowage, or, by the misconduct of those in charge of the ship, like when cargo is disposed of contrary to the instructions of the owner or by reason of theft and other misdeeds. In all these cases, damage arises by reason of loss caused by what is done by the ship or by the breach, negligence or misdeeds of those in charge of the ship. It must however be noticed that the expression 'damage done by any ship' has been construed by the English Courts as not to app...
Conspiracy
Conspiracy. 'A conspiracy is an agreement by two or more persons to carry out an unlawful common purpose, or to carry out a lawful common purpose by unlawful means. It is a misdemeanour at common law, punishable with fine and imprisonment to any extent; and also with hard labour in the case of ' any conspiracy to cheat or defraud, or to extort money or goods, or falsely to accuse of any crime, or to obstruct, prevent, pervert or defeat the course of public justice ''(14 & 15 Vict. c. 100, s. 29); see Odgers on the Common Law, 2nd Edn. P. 255. 'If in carrying into effect a criminal conspiracy the conspirators inflict loss and damage on a private individual, he will have a private action for the particular damage which he has thus separately suffered'; ibid. pp. 256, 625. There are also, it seems, what may be called civil con-spiracies, i.e., conspiracies which may be the foundation of an action, though not of an indictment; and there are undoubtedly cases in which two or more persons ca...
Malice
Malice [fr. malitia, Lat.], a formed design of doing mischief to another, technically called malitia pr'cogitata, or malice prepense or aforethought. It is either express, as when one with a sedate and deliberate mind and formed design kills another, which formed design is evidenced by certain circumstances discovering such intentions, as lying in wait, antecedent menaces, former grudges, and concerted schemes to do him some bodily harm; or implied, as where one wilfully poisons another; in such a deliberate act the law presumes malice, though no particular enmity can be proved. The nature of implied malice is also illustrated by the maxim, 'Culpa lata dolo 'quiparatur'-when negligence reaches a certain point it is the same as intentional wrong-'Every one must be taken to intend that which his the natural consequence of his actions'-if any one acts in exactly the same way as he would do it he bore express malice to another, he cannot be allowed to say he does not, 4 Steph. Com.'Malice ...
Legal malice
Legal malice, means something done without lawful excuse. In other words it is an act done wrongfully and wilfully without reasonable or probable cause and not necessarily an act done from ill feeling and spite, Punjab State Electricity Board v. Zora Singh, AIR 2006 SC 182.Legal malice, or malice in law means 'something done without lawful excuse (Words and Phrases Legally defined, 3rd Edn., London Butterworth's, 1989)...
Malice in law
Malice in law, Acting on a legally extraneous or obviously misconceived ground of action would be case of 'malice in law', Regonal Manager v. Pawan Kumar Dubey, AIR 1976 SC 1766 (1771): (1976) 3 SCC 334: (1976) 3 SCR 540.'Malice' in its legal sense means malice such as may be assumed from the doing of a wrongful act intentionally but without just cause or excuse, or for want of reasonable or probable cause, S.R. Venkataraman v. Union of India, AIR 1979 SC 49 (51): (1979) 2 SCC 491: (1979) 2 SCR 202.Malice in legal sense means an act done wrongfully and without reasonable and provable cause (Law of Torts)Legal malice or 'malice in law' means 'something done without lawful excuse'. In other words, 'it is an act done wrongfully and wilfully without reasonable or probable cause, and not noiselessly an act done from ill feeling and spite'. It is a deliberate act in disregard of the right of others. Where malice is attributed to the State, it can never be a case of personal ill-will or spite...
Quando plus fit quam fieri debet, videtur etiam illud fieri quod faciendum est
Quando plus fit quam fieri debet, videtur etiam illud fieri quod faciendum est (8 Rep. 85), when more is done than ought to be done, then that is considered to have been done which ought to have been done....
Wages
Wages, if the remuneration is to be paid daily or weekly, it can be called wages. But when it is monthly remuneration payable on the last day of the month or after that date, and when the remuneration considering the general standards of payments is fairly high, then it has to be understood as salary, K.V.V. Sharma (in re), (1952) 2 Mad LJ 917.Includes any bonus or other additional remunera-tion etc., and any sum 'payable to such person by reason of the termination of his employment, A.R. Sarin v. B.C. Patil, AIR 1951 Bom 423.Means remuneration payable to an employee under an award or settlement, Purshottam v. Potdar, AIR 1966 SC 856.Means remuneration which an employer is liable to pay, if the term of the contract of employment are fulfilled. In other words, they are payments made by an employer for services rendered, G.M. Joshi v. First Civil Judge, AIR 1958 Bom 262.Wages, ought to include gratuity as well, Tirjugi Sitaram v. Badlu Prasad Bheru Prasad, AIR 1962 MP 361.The compensatio...
Frank-marriage
Frank-marriage [in libero maritagio, Lat.], a species of entailed estates, now grown out of use, but still capable of subsisting. When tenements are given by one to another, together with a wife, who is a daughter or cousin of the donor, to hold in frank-marriage, the donees shall have the tenements to them and the heirs of their two bodies begotten, i.e., in special tail, without the words of limitation such as 'heirs of his body.' The legal estate in estates tail has been abolished by L.P. Act, 1925, s. 1, and see s. 130, ibid. for the words of limitation necessary to create an equitable interest in tail. For the word frank-marriage, ex vi termini, both creates and limits an inheritance, not only supplying words of descent, but also terms of procreation. The donees are liable to no service except fealty, and a reserved rent would be void until the fourth degree of consanguinity be past between the issues of the donor and donee, when they were capable by the law of the church of inter...
Upon or on
Upon or on, may either mean before the act done to which it relates, or simultaneously with the act done, or after the act done, according as reason and good sense requires and after taking into consideration the context in which this word is used, R. v. Arkwright, 18 LJ QB 28....
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