Inconsistent - Law Dictionary Search Results
Home Dictionary Name: inconsistentInconsistent
Inconsistent, 'inconsistent', according to Black's Legal Dictionary, means mutually repugnant or contradictory; contrary, the one to the other so that both cannot stand, but the acceptance or establishment of the one implies the abrogation or abandonment of the other'. So we have to see whether mutual co-existence between s. 34 of the Bonus Act and s. 3(b) of the U.P. Act is impossible. If they relate to the same subject-matter, to the same situation, and both substantially overlap and are co-extensive and at the same time so contrary and repugnant in their terms and impact that one must perish wholly if the other were to prevail at all - then, only then, are they inconsistent, Basti Sugar Mills Co. Ltd. v. State of U.P., AIR 1979 SC 262 (269): (1979) 2 SCC 88: (1979) 1 SCR 590. [U.P. Industrial Disposes Act, 1947, s. 3(b)(c); Payment of Bonus Act, 1965, s. 34]According to Black's Legal Dictionary means 'mutually repugnant or contradictory, contrary, the one to the other so that both c...
prior inconsistent statement
prior inconsistent statement : a witness's statement made out of court prior to testifying that is inconsistent with the witness's testimony and that may be offered to impeach the witness's credibility compare prior consistent statement NOTE: If a prior inconsistent statement was made under oath subject to the penalties of perjury at a previous proceeding (as a deposition or grand jury hearing), the statement is not hearsay under Federal Rule of Evidence 801(d)(1) and may be offered to prove that what was asserted in the statement is true. ...
Inconsistence
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repugnancy
repugnancy pl: -cies 1 : the quality or fact of being inconsistent, irreconcilable, or in disagreement ;specif : a contradiction or inconsistency between sections of a legal instrument (as a contract or statute) [if two acts which cover the same subject matter are repugnant…, the latter operates to the extent of the as a repeal of the former "In re Miller, 107 F. Supp. 1006 (1952)"] 2 : an instance of contradiction or inconsistency ...
Repugnancy
Repugnancy, between the two pieces of legislation, means that conflicting results are produced when both laws are applied to the same set of facts. Repugnancy arises when the provisions of both laws are fully inconsistent or are absolutely irreconcilable and that it is impossible to obey without disobeying the other. Repugnancy would arise when conflicting results are produced when both the statutes covering the same field are applied to a given set of facts, Vijay Kumar Sharma v. State of Karnataka, (1990) 2 SCC 562 (602): AIR 1990 SC 2072. See also AIR 1959 SC 648 (665). [Constitution of India, Art. 254]Repugnancy, denotes the contradictory of each other, said of clauses, Will, etc., A Dictionary of Law, Willium C. Anderson, 1889, p. 885.Repugnancy, in India, if a State law is repugnant to the Union law relating to the same subject in the concurrent list, the Union law will prevail and the State law will fail to the extent of repugnancy; however, if the State law has been assented to...
Repugnant
Repugnant, really means inconsistent with and when they cannot stand together at the same time and one law is inconsistent with another law when the command or power or provision in the one law conflicted directly with the command or power or provision in the other, Vishnu Battathiripad v. Pule Poulh, 1958 Ker LT 238: ILR 1957 Trav-Co. 670: 1958 Trav-Co. 327 (DB).Repugnant, that which is contrary to what is stated before. The rule of construction is that in a will the later of two contradictory clauses prevails, but in other writings the earlier. Conditions which are repugnant to a previous gift or limitation are void, Bradley v. Peixoto, (1797) 3 Ves 325; Britton v. Twining, (1817) 3 Mer 184; Stogdon v. Lee, (1891) 1 QB 661. See RESTRAINT ON ALIENATION.Inconsistent or irreconcilable with; contrary or contradictory to, Black's Law Dictionary, 7th Edn., p. 1306...
rehabilitate
rehabilitate -tat·ed -tat·ing 1 : to restore to a former capacity ;specif : to restore credibility to (a witness or testimony) [the State simply brought out all of the prior statements to qualify or explain the inconsistency and to the witness "People v. Page, 550 N.E.2d 248 (1990)"] compare impeach NOTE: A witness whose trial testimony is inconsistent with his or her pretrial usually sworn statements is considered impeached. Such a witness may be rehabilitated usually on redirect examination. There are various state and federal evidentiary rules governing what evidence (as character evidence) is admissible to rehabilitate a witness. 2 a : to restore to a former state (as of good repair or solvency) [if the debtor wishes to liquidate rather than reorganize or the farming operation "J. H. Williamson"] b : to restore (as a convicted criminal defendant) to a useful and constructive place in society through therapy, job training, and other counseling re·ha·bil...
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