In An Appropriate Case - Law Dictionary Search Results
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In an appropriate case, the expression 'in an appro-priate case' in s. 22(1) of the Specific Relief Act, 1963 only indicates that it is not always incumbent on the plaintiff to claim possession or partition or separate possession in a suit for specific perform-ance of a contract for the transfer of the immovable property, Babu Lal v. Hazari Lal Kishori Lal, AIR 1982 SC 818: (1982) 3 SCR 94: (1982) 1 SCC 525. [Specific Relief Act, 1963, s. 22 (1)]...
Appropriation of payments
Appropriation of payments, the application to one of several debts of a sum of money paid by a debtor on a general account. The general rule as to appropriation of payments is this: The debtor may in the first instance appropriate the payment, solvitur in modum solventis; if he omit to do so, the creditor may make the appropriation, recipitur in modum recipientis; if neither debtor nor creditor make any appropriation, the law appropriates the payment upon equitable principles and prima facie to the earlier debt, Mills v. Fowkes, (1839) 5 Bing NC 461; Clayton's Case, (1816) 1 Mer 605; The Mecca, 1897, AC 286. A creditor can appropriate a general payment to a statute-barred debt, but he cannot appropriate such a payment made before judgment, after a judgment deciding that such a debt is statute barred, Smith v. Betty, 1903 (2) KB 317. See CLAYTON'S CASE....
Rule of law
Rule of law, executive instructions cannot override the provisions of law, such a method will destroy the very basis of the rule of law, Muna Lal Jain v. State of Assam, AIR 1962 SC 386.Rule of law, is an absolute supremacy and predominance of regular law as opposed to the influence of arbitrary power; equality before the law or the equal subjection of all classes to the ordinary law courts, constitution is the result of the ordinary law of the land, Introduction to the Study of the Law of Constitution, A.V. Dicey, 2003, pp. 202-203.Means an authoritative legal doctrine, principle or precept applied to the facts of an appropriate case, Wright v. Wright, 904 P 2d 403 (1995).Rule of law, the binding character of judgments pronounced by courts of competent jurisdiction is itself an essential part of the rule of law, and the rule of law obviously is the basis of the administration of justice on which constitution lays emphasis, Daryo v. State of Uttar Pradesh, AIR 1961 SC 1457.Rule of law,...
rule of law
rule of law 1 : an authoritative legal doctrine, principle, or precept applied to the facts of an appropriate case [adopting the rule of law that is most persuasive in light of precedent, reason and policy "Wright v. Wright, 904 P.2d 403 (1995)"] 2 : government by law : adherence to due process of law ...
Appropriate government
Appropriate government, means in relation to public authority which is established, constituted, owned, controlled or substantially financed by funds provided directly or indirectly--(i) by the Central Government or the Union Territory administration, the Central Government, (ii) by the State Government, the State Government [Right to Information Act, 2005 (22 of 2005), s. 2(a)]The Appropriate Government means, in relation to fees or stamp relating to documents presented or to be presented before any officer serving under the Central Government, that Government, and in relation to any other fees or stamps, the State Government. [Court-Fees Act, 1870 (7 of 1870), s. 1A]Means as respects any matter--(i) enumerated in List II of the Seventh Schedule to the Constitution. (ii) relating to any State law enacted under List III of the Seventh Schedule to the Constitution. [Information Technology Act, 2000 (21 of 2000), s. 2 (1) (e)]Means in relation to any major port the Central Government, an...
Clayton's case
Clayton's case. 1 Mer. 572. The rule in this case is that payments are presumed, prima facie, to be appropriated to debts in the order in which they are incurred, but see Hallett'' Estate, 13 C.D. 696, as to payments by a trustee, and s. 38, Bankruptcy Act, 1914, also APPROPRIATION OF PAYMENTS....
Appropriation Accounts
Appropriation Accounts, 'appropriation accounts' means accounts which relate the expenditure brought to account during a financial year, to the several items specified in the law made in accordance with the provisions of the Constitution or of the Government of Union Territories Act, 1963, (20 of 1963) for the appropriation of moneys out of the Consolidated Fund of India or of State, or of a Union Territory having a Legislative Assembly, as the case may be. [Comptroller and Auditor-General's (Duties, Power and Conditions of Service Act, (56 of 1971), s. 2(b)]...
Precedent
Precedent, a decision is a precedent of its own features. Further, the enunciation of the reason or principle on which a question before a court has been decided is alone binding as a precedent, Uttaranchal Road Transport Corporation v. Mansaram Nainwal, (2000) 6 SCC 366.A precedent acquirers added authority from lapse of time, the longer a precedent has remained unquestioned, the more hard it becomes to reverse it. The courts has to adopt a construction of law, which would inevitably result in upsetting titles long founded on the contrary view, Pratap Bahadur Sahi v. Lakshmidhar Singh, AIR 1946 PC 189: 73 IA 231; Vijaya Charari v. Khubchand, AIR 1964 SC 1099.Precedent, are not an immutable dogma. Courts may evolve principles which are applicable to the facts involved in each case, Rumana Begum v. Government of Andhra Pradesh, 1992 Cr LJ 3512.Means every judgment must be based upon facts, declared by the Indian Evidence Act, 1872 to be relevant and duly proved. But when a Judge, in dec...
Whenever the appropriate Government so directs
Whenever the appropriate Government so directs, the expression 'whenever the appropriate Govt. so directs' in that section refers to the taking of possession and not to the declaration of urgency. Even in case of urgency, the Govt. may not think it necessary to take immediate possession for good reasons, Jetmull Bhojraj v. State of Bihar, AIR 1972 SC 1363 (1366): (1972) 1 SCC 714: (1972) 3 SCR 193. [Land Acquisition Act (10 of 1894), s. 17(1)]...
Cause of action
Cause of action, a cause of action is a bundle of facts which are required to be pleaded and proved for the purpose of obtaining relief claimed in the suit. For the aforementioned purpose, the material facts are required to be stated but not the evidence except in certain cases where the pleading relied on any misrepresentation, fraud, breach of trust, wilful default or undue influence, Liverpool & London S.P. & I Assocn. v. M.V. Sea Success, (2004) 9 SCC 512 (562). [Civil Procedure Code, 1908, O. 7, R. 11(9)]--It is only that court in whose jurisdiction the 'cause of action' did arise will have Jurisdiction to entertain an application either under section 9 or under section 11 of the Act (Arbitration and Conciliation Act, 1996); Indian Iron and Steel Company Ltd. Kolkata v. Tiwari Roadlines, Hyderabad, AIR 2006 AP 1.Means every fact which it is necessary to establish to support a right to obtain a judgment, Prem Chand Vijay Kumar v. Yashpal Singh, (2005) 4 SCC 417.Is a bundle of facts...
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