Impair Materially - Law Dictionary Search Results
Home Dictionary Name: impair materially Page 1 of about 5 results (0.004 seconds)Impair materially
Impair materially, in s. 13(2)(iii) of the East Punjab Rent Restriction Act, 1949, the meaning of the expression 'to impair materially' in common parlance would mean to diminish in quality, strength or value substantially. In other words to make a thing or substance worse and deteriorate. The word 'impair' cannot be said to have a fixed meaning. It is a relative term affording different meaning in different context and situations. Here in the context the term 'impair materially' has been used to mean, considerable decrease in quality which may be measured with reference to the antecedent state of things as it existed earlier in point of time as compared to a later stage after the alleged change is made or effected suggesting impairment, Gurbachan Singh v. Shivalak Rubber Industries, (1996) 2 SCC 626: AIR 1996 SC 3057 (3061)....
Impair
Impair, when a construction is alleged to materially impair the value or utility of a building, the construction should be of such a nature as to substantially diminish the value of the building either from the commercial and monetary point of view or from the utilitarian aspect of the building, Om Pal v. Anand Swarup, (1988) 4 SCC 545: (1988) Supp 3 SCR 391.Impair, means to diminish the value of (property or property right). This term is commonly used in reference to diminishing the value of a contractual obligation to the point that the contract becomes invalid or a party loses the benefit of the contract, Black's Law Dictionary, 7th Edn., p. 754....
Hazardous process
Hazardous process, means any process or activity in relation to an industry specified in the First Schedule where, unless special care is taken, raw materials used therein or the intermediate or finished products, bye-products, wastes or effluents thereof would--(i) cause material impairment to the health of the persons engaged in or connected therewith, or(ii) result in the pollution or the general environment: Provided that the State Government may, by notification in the Official Gazette, amend the First Schedule by way of addition, omission or variation of any industry specified in the said Schedule. [Factories Act, 1948 (63 of 1948), s. 2 (cb)]...
Nuisance
Nuisance [fr. nuire, Fr., to hurt], something noxious of offensive. Any unauthorised act which, without direct physical interference, materially impairs the use and enjoyment by another of his property, or prejudicially affects his health, comfort, or convenience, is a nuisance.Nuisance may be distinguished from negligence in that nuisance is an act or omission causing injury, the injury itself giving rise to an action for damages, while a person suffering from damage due to negligence must prove that the damage was caused by some want of care, according to its degree which was required in the particular circumstances of the case. Actions against persons or public undertakings for damage under statutory powers are generally founded on negligence. Where the actual method of exercising the power creating a nuisance is indicated by the statute negligence in the authorised method may be actionable. The onus appears to be on a defendant pleading that the nuisance was inevitable and compulso...
use
use 1 a : an arrangement in which property is granted to another with the trust and confidence that the grantor or another is entitled to the beneficial enjoyment of it see also trust Statute of Uses in the Important Laws section NOTE: Uses originated in early English law and were the origin of the modern trust. Uses became popular in medieval England, where they were often secretly employed as a method of evading laws (as those prohibiting mortmain) and penalties (as attainder) and to defeat creditors. In response, the Statute of Uses was enacted in 1535. The purpose of the Statute was to execute the use, investing the legal ownership of the property in the cestui que use, or one entitled to the beneficial enjoyment, and abolishing the ownership of the grantee. The Statute did not have blanket application, however. Certain uses, particularly those in which the grantee was not merely a passive holder of the property, were not executed under the Statute. These uses were called trust...
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