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Home Dictionary Name: find Page: 4Quadrature
The act of squaring the finding of a square having the same area as some given curvilinear figure as the quadrature of a circle the operation of finding an expression for the area of a figure bounded wholly or in part by a curved line as by a curve two ordinates and the axis of abscissas...
Direction to consider the case
Direction to consider the case, in case where High Court merely directs the authority to 'consider' the matter without recording any finding or without expressing any view, the authority has to consider the matter in accordance with law and in facts and circumstance of case as its power not being circumscribed by any observations or finding of court; A.P.S.R.T.C. v. G. Srinivas Reddy, AIR 2006 SC 1465 (Constitution of India, Art. 226)....
Penalty
Penalty, is a liability under the taxing statute, Khemka & Co. v. State of Maharashtra, AIR 1975 SC 1549.Penalty, is legal or official punishment such as a term of imprisonment, N.K. Jain v. C.K. Shah, AIR 1991 SC 1289. [Employees' Provident Fund Act, 1952, s. 14]Means recovery of an amount as a penal measure in civil proceedings, or an exaction which is not compensatory in character, Jagjit Cotton Textile Mills v. Chief Commercial Superintendent, N.R., (1998) 5 SCC 126.1. A sum agreed to be paid on non-performance of the condition of a bond. See BOND.2. A sum agreed to be paid on breach of an agreement or any stipulation of it. See LIQUIDATED DAMAGES, and NOMINE PEN'. The fact that the parties state expressly in their contract that the sum named is 'liquidated damages' will not prevent the Court from deciding that it is a penalty. 'The cases upon the subject of penalty or liquidated damages are very numerous. The result of them seems to be this, that what the Courts look at is the rea...
Question of fact, mixed question of law and fact
Question of fact, mixed question of law and fact, In the determination of question of fact no application of any principle of law is required in finding either the basic facts or arriving to the ultimate con-clusion, in a mixed question of law and fact the ultimate conclusion has to be drawn by applying principles of law to basic findings, Meenakshi Mills, Madurai v. Commissioner of Income-tax, Mardas, AIR 1957 SC 49 followed Krishnawati v. Hans Raj, (1974) 1 SCC 289: AIR 1974 SC 280....
Sentence
Sentence, denotes 'A person who is convicted and sentenced to imprisonment is deemed to have been awarded that punishment even in the case where the sentence is suspended for some reason or other, State of Maharashtra v. Chandrabhan Tale, AIR 1983 SC 803: (1983) 3 SCC 387.Sentence, denotes the action of the court before which the trial is held, declaring the consequences to the convict of the fact thus ascertained. Any consequence which flows after conviction can be looked upon as sentence, Mohammad Shabir Maulamaiya v. State of Maharashtra, (1977) Mah LJ 338.Means the judgment that a court formally pronoun-ces after finding a criminal defendant guilty, the punishment imposed on a criminal wrongdoer, Black's Law Dictionary, 7th Edn., p. 1367.The expression 'sentence' must be restricted to a sentence which is final, conclusive and ultimate so far as the judicial remedies are concerned. The alternate interpretation is likely to lead to confusion, inconsistency and contradiction and in pr...
Action
Action, conduct, something done; also the form prescribed by Law for the recovery of one's due, or the lawful demand of one's right. Bracton (Bk. 3, cap. 1) defines it:-Actio nihil aliud est quam jus prosequendi in judicio quod alicui debetur.-(An action is nothing else than the right of suing in a court of justice for that which is due to some one.) Actions are divided into criminal and civil: criminal actions are more properly called prosecutions, and perhaps actions penal, to recover some penalty under statute, are properly criminal actions. There were formerly three classes of actions in England: personal actions, in which the plaintiff sought to recover a debt or damages from the defendant; real actions, in which he sought to establish his title to land or other hereditaments; mixed actions, in which he sought only to establish his right to possession of land. All forms of action are now abolished, but there still inevitably remains the distinction between actions in personam brou...
Quaerens non invenit plegium
Quaerens non invenit plegium, means the plaintiff did not find a pledge. A sheriff's return to a writ requiring him to take security from the plaintiff for prosecution of the plaintiff's claim, Black's Law Dictionary, 7th Edn., p. 1253.--(the plaintiff has not found pledge) (the plaintiff has not found pledge), a return made by a sheriff upon certain writs directed to him with this clause: Si. A. fecerit B. securum de clamore suo prosequendo, etc., Fitz N. B. 38....
Principal of original loan
Principal of original loan, means in determining the maximum amount of arrears of interest allowable, the court must go behind the transaction of the loan and find out what was the actual cash originally advanced as principal and ignore all interests that may have been added subsequently to that original advanced in order to make up the consideration for the loan in the suit, K. Mahish Chand v. Elias Salah Mohammad Sait, AIR 1969 SC 671: (1969) 2 SCJ 82....
Pryk
Pryk, a kind of tenure. Blount says it signifies an old-fashioned spur with one point only, which the tenant, holding land by this tenure, was to find for the King....
Public Order Act, 1936
Public Order Act, 1936 (English) (1 Edw. 8 & 1 Geo. 6, c. 6). An Act to prohibit the wearing of uniforms in connection with political objects and the maintenance by private persons of associations of limitary or similar character, and to make further provision for the preservation of public order on the occasion of public processions and meetings and in public places.S. 1.-Prohibition of uniform in connection with political objects.S. 2.-Prohibition of quasi-military organizations.S. 3.-Confers powers for the preservation of public order on the occasion of processions.S. 4.-Prohibition of offensive weapons at public meetings and processions.S. 5.-Prohibition of offensive conduct conducive to breaches of the peace.S. 6.-Amendment of Public Meeting Act, 1908; see PUBLIC MEETING.S. 7.-Enforcement.S. 8.-Application to Scotland.S. 9.-Interpretation.S. 10.-Short title and extent.A person who commits an offence under s. 2 is liable on summary conviction to a maximum of 6 months' imprisonment ...
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