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Essential Element - Law Dictionary Search Results

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essential element

Matched in: Term essential element

Lottery

(s. 41) as rogues and vagabonds, Hawke v. Hulton, (1909) 2 KB 93. A physical lot is not essential to a lottery, Barclay v. Pearson, (1893) 2 Ch 154. In that case the defendant had realized more … 58). A 'lottery' means a chance for a prize for a price and unless all the three essential elements, namely chance, consideration and prize are present the scheme or the transaction would not amount to a lottery,

Lease

The person granting is called the lessor, who is possessed of the reversion (as to a reversion being essential to a lease, see 1 Platt on Lease, pp. 9 et seq.); he to whom the property is … to signify that the application is granted. [Indian Stamp Act, 1899 (2 of 1899), s. 2(16)] The essential elements of a lease are: 1. the parties 2. the subject matter, or immovable property 3. the demise, or

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Desertion

Act, 1955, s. 13(1)(1b)] For the offence of desertion, so far as the deserting spouse is concerned, two essential conditions must be there, namely, (1) the factum of separation, and (2) the intention to bring cohabitation permanently … factum of separation, and (2) the intention to bring cohabitation permanently to an end (animus deserendi). Similarly, two elements are essential so far as the deserted spouse is concerned: (1) the absence of consent, and (2) absence

Fee

Shirur Mutt, AIR 1954 SC 282: (1954) SCR 1005. [Constitution of India, Act, 265] A fee is levied essentially for services rendered and as such there is an element of quid pro quo between the person who

Believe and hope

the sense in which it is used in s. 164, has 'logical confidence' or 'rational conviction' as its essential element. It imports a very high degree of expectation wrought by reason, a satisfaction fast - rooted in terra

Corporation or body politic

A corporation has only one capacity, namely, the corporate capacity. On an analysis it would appear that the essential elements in the legal consent of a corporation are: (1) a continuous identity, i.e., the original member or … corporation has only one capacity, namely, the corporate capacity. On an analysis it would appear that the essential elements in the legal consent of a corporation are: (1) a continuous identity, i.e., the original member or members

Estoppel and waiver

Estoppel and waiver, 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, Provash Chandra Dalui

Hope and believe

the 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

Material alteration

for eviction only when they bring about substantial change in the front and structure of the building. The essential element which needs consideration is as to whether the construction are substantial in nature and they alter the form,

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