In Any Particular Case - Law Dictionary Search Results
Home Dictionary Name: in any particular caseIn any particular case
In any particular case, The word 'case' in ordinary usage means event', 'happening', 'situation', 'circumstances. The expression 'case' in legal sense means 'a case', 'suit', or 'proceeding in court or tribunal'. Having regard to these meanings the expression 'in any particular case' would mean, a particular or pertaining to an event, situation or circumstance, J.C. Yadav v. State of Haryana, AIR 1990 SC 857: (1990) 2 SCC 189: (1990) 1 SCR 470....
Common carrier
Common carrier, the question in any particular case whether the carrier was a common carrier or a private carrier has therefore to be decided on the ascertainment of what he publicly professes. This profession, it need hardly be mentioned, may be by public notice or by actual indiscriminate carrying of goods. It is also clear that the profession to carry goods indiscriminately may be limited to particular goods or to particular routes or even as to two or more specified points, River Steam Navigation Co. Ltd. v. Shyam Sunder Tea Co. Ltd., AIR 1962 SC 1276 (1279): (1962) 2 SCR 802. [Carriers Act, 1865, ss. 2 and 3]Is not by his description of his own business, al-though if may be inferred from the character of that business that he is a common carrier, Upston v. Slark, (1827) 2 C&P 598.Whether or not a person is a common carrier is in every case a question of fact, Belfast Ropework Co. Ltd. v. Bushell, (1918) 1 KB 210 (215) per Bailhache, J.'Common carrier' denotes a person, other than ...
Policy of group insurance
Policy of group insurance, means any instrument covering not less than fifty or such smaller number as the Central Government may approve, either generally or with reference to any particular case, by which an insurer, in consideration of a premium paid by an employer or by an employer and his employees jointly, engages to cover, with or without medical examination and for the sole benefit of persons other than the employer, the lives of all the employees or of any class of them, determined by conditions pertaining to the employment, for amounts of insurance based upon a plan which precludes individual selection. [Indian Stamp Act, 1899 (2 of 1899), s. 2 (19A); Rajasthan Stamp Act, 1999, s. 2(28)]Policy of sea-insurance or sea-policy,--(a) means any insurance made upon any ship or vessel (whether for marine or inland navigation), or upon the machinery, tackle or furniture of any ship or vessel, or person, any goods, merchandise or property of any description whatever on board of any sh...
Presumption
Presumption, a supposition, opinion, or belief pre-viously formed, Wood's Inst. 599.Presumptions have been said to be either: (1) juris et de jure (irrebuttable); or (2) juris (rebuttable); or (3) hominis vel judicis (rebuttable, of fact). (1) The presumption juris et de jure is that where law or custom establishes the truth of any point, on a presumption that cannot be overcome by contrary evidence; thus, that a child under seven is incapable of committing a felony (2) The pr'sumptio juris is a presumption established in law till the contrary be proved, as the property of goods is presumed to be in the possessor; every presumption of this kind must necessarily yield to contrary proof (3) The pr'sumptio hominis vel judicis is the conviction arising from the circumstances of any particular case. See Best on Evidence.There is a distinction between the 'presumption' under s. 114 of the Evidence Act and a 'statutory presumption' provided under the Bombay Prohibition Act. Under a statutory ...
Acknowledgment of debt or liability
Acknowledgment of debt or liability, is an admission that a debt is due or that some claim or liability is still in existence, so as to prevent the operation of the Statute of Limitations. The precise form of acknowledgment necessary in any particular case depends on the terms of the relevant statute. An acknowledgment or part payment after the statutory period will not revive a barred claim to land under s. 34 of the (English) Real Property Limitation Act, 1833 (3 & 4 Will. 4, c. 27), Kibble v. Fairhorne, (1895) 1 Ch 219, but an acknowledgment at anytime before action brought will revive actions, on debt grounded on simple contract, if in writing under 9 Geo. 4, c. 14, and for money charged on land under s. 40 of the Real Property Limitation Act, 1833: see re Clifden, Annaly v. Agar Ellis, 1900 (1) Ch 774. See LIMITATIONS, STATUTE OF....
Shelley's case, Rule in
Shelley's case, Rule in. intimately connected with the quantity of estate which a tenant may hold in realty, is the antique feudal doctrine generally known as the rule in Shelley's Case, which is reported by Lord Coke in 1 Rep. 93 b (23 Eliz.in C.B.), and elaborately examined by Lord Macnaghten in Van Grutten v. Foxwell, 1897 AC 658.The rule has been abolished by the (English) Law of Property Act, 1925, s. 131, in the construction of all instruments coming into operation after 1925; but the rule governs the construction of all instruments which have come into operation before the 1st January, 1926.The rule may be described thus: Where a life free-hold, either legal or equitable in realty (whether of freehold or copyhold tenure), is limited by any assurance to a person, and by the same assurance the inheritance of the same quality, i.e., either legal or equitable, is limited by way of remainder (with or without the interposition of any other estate) to his heirs or the heirs of his body...
Abatement
Abatement, a making less:-(1) Abatement of Freehold.-The title of a real action which has been abolished. This takes place where a person dies seised of an inheritance, and before the heir or devisee enters, a stranger, having no right, makes a wrongful entry and gets possession of it. Such an entry is technically called an abatement, and the stranger an abater. It is, in fact, a figurative expression, denoting that the rightful possession or freehold of the heir or devisee is overthrown by the unlawful intervention of a stranger. Abatement differs from intrusion, in that it is always to the prejudice of the heir or immediate devisee, whereas the latter is to the prejudice of the reversioner or remainder man: and disseisin differs from them both, for to disseise is to put forcibly or fraudulently a person seised of the freehold out of possession, Co. Litt. 277a.(2) Abatement of Nuisances.-A remedy allowed by law to a person injured by a nuisance to remove or put an end to it by his own...
Proved
Proved, there is no difference between the general rules of evidence in civil and criminal cases, and the definition of 'proved' in s. 3 of the Evidence Act does not draw a distinction between civil and criminal cases. Nor does this definition insist on perfect proof because absolute certainty amounting to demonstration is rarely to be had in the affairs of life. Nevertheless, the standard of measuring proof prescribed by the definition, is that of a person of prudence and practical good sense. 'Proof' means the effect of the evidence adduced in the case, Ch. Razik Ram v. Ch. Jaswant Singh Chouhan, AIR 1975 SC 667: (1975) 4 SCC 769.(ii) S. 3 of the Evidence Act, a fact is said to be 'proved' when, after considering the matters before it, the court either believes it to exist, or considers its existence so probable than a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists. This definition of 'proved' does not draw any distinctio...
Office
Office, an employment, either judicial, municipal (see CORPORATE OFFICE), civil, military, or ecclesiastical.As to obtaining offices by desert only, the repealed 12 Ric. 2, c. 2, enacted that--The Chancellor, Treasurer, . . . the Justices of the one bench and the other, Barons of the Exchequer and all other that shall be called to ordain, name, or make justices of the peace, sheriffs, . . . or any other officer or minister of the King shall be firmly sworn that they shall not ordain name, or make justice of peace, sheriff . . . nor other officer or minister of the King for any gift or brocage, favour or affection: nor that none that pursueth by him or by other privily or openly to be in any manner of office shall be put in the same office or in any other; but that they make all such officers and ministers of the best and most lawful men, and sufficient to their estimation and knowledge.Officia magistratus non debent esse venalia, (The offices of a magistrate ought not to be saleable.)L...
Venue
Venue [fr. visne, vicinetum, visnetum, Lat.], the place whence a jury are to come for trial of causes. See Co. Litt. 125 a, and Hargrave's note (2).Local actions must, before the Jud. Act, have been brought in the county in which the cause of action arose; but transitory actions in any county at the plaintiff's option; and no venue could be changed without a special order of the Court or a judge, unless by consent of the parties, R.H.T. 1853, r. 18.It is, however, provided by (English) R.S.C. 1883, Ord. XXXVI., r. 10, that there shall be no local venue for the trial of any action, except where otherwise provided by statute, but in every action in every Division the place of trial shall be fixed by the Court or a judge; and r. 1, the order made on the summons for directions, fixes the place of trial, but this can be subsequently altered for sufficient cause.Very numerous statutes have from time to time provided that any actions for anything done in pursuance of them should be brought in...
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