Element - Law Dictionary Search Results
Undue influence
v. V.V. Giri, AIR 1970 SC 2097 (2114): (1970) 2 SCC 567: (1971) 2 SCR 197. It is elementary law that is not every influence which is brought to bear on a testator that can be characterised
Waiver
renunciare juri pro se introducto. See RELEASE. Waiver is distinct from estoppel in that in waiver the essential element is actual intent to abandon or surrender right, while in estoppel such intent is immaterial-. voluntary choice is
With
Nath, (2000) 4 SCC 30. The word 'with' in Article 304(b) of the Constitution of India, involves an element having its situs in another State, State of Bihar v. Harihar Prasad Bebuka, AIR 1989 SC 1119: (1989)
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Reasonableness and in public interest
action and since the principle of reasonableness and rationality, which is legally as well as philoso-phically an essential element of equality or non-arbitrariness, is projected by this Article, it must characterise every governmental action, whether it be
Ratio decidendi
and (ii) above. However, for the purposes of the doctrine of precedents, ingredients No. (ii) is the vital element in the decision. This indeed is the ratio decidendi. It is not every thing said by a Judge
Handicap horse race
Handicap horse race, the very concept of handicap race goes to show that there is no element at chance in the regular horse-racing. It is a game of skill. Even in a handicap race-despite the
Negligence
of art but has distinct meanings in different jurisdictions. In Torts, damage is an essential ingredient, but that element is not necessary in the law of master and servant. In criminal law there are a series of
Handicrafts
with visual appeal in the nature of ornamentation or inlay work or some similar work lending it an element or artistic improve-ment. Such ornamentation must be of a substantial nature and not a mere pretence, CCE v.
Hiring
Hiring, in the Hiring, there is a creation of relationship of landlord and tenant, and the element of compulsion is inherent in such arrangement. On the other hand, in requisition the properties are taken out
Hope and believe
sense in which it is used in s. 164, has 'logical confidence' or 'rational convic-tion' as its essential element. It imports a very high degree of expectation wrought by reason, a satisfaction fast-rooted in terra firma, free
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