Inference - Law Dictionary Search Results
Home Dictionary Name: inference Page: 3 Page 3 of about 131 results (0.002 seconds)Implied contract
Implied contract. A contract which the law infers, from acts, circumstances, or relationships, as that an employer will pay the person employed what his labour was worth; or, as in Francis v. Cockrell, (1870) LR 5 QB 501, that a public platform provided for payment may be used with safety; or that a mesne landlord whose ground-rent has been paid by a sub-tenant to avoid distress will reimburse the sub-tenant. The implied contracts which the law infers are very numerous. See Chitty, Addison, or Leake on Contracts; LANDLORD AND TENANT....
Habitually
Habitually, a person is said to be a habitual criminal who by force of habit or inward disposition is accustomed to commit crimes. It implies commission of such crimes repeatedly or persistently and prima facie there should be a continuity in the commission of those offences, Ayub Pappu Nawabkhan Pathan v. S.N. Sinha, AIR 1990 SC 2069 (2071): (1990) 4 SCC 552. [Gujarat Prevention of Anti-Social Activities Act, 1985, s. 2(c)]The word 'habitually'connotes some degree of fre-quency and continuity. It requires a continuance and permanence of some tendency, something that has developed into a propensity, that is, present from day-to-day, Stroud's Judicial Dictionary, Fourth Edn., Vol. 2, p. 1204, Vijay Narain Singh v. State of Bihar, AIR 1984 SC 1334 (1338): (1984) 3 SCC 14: (1984) 3 SCR 435.Means 'usually' and 'generally', Mustakmiya Jabbar-miya Shaikh v. M.M. Mehta, Commissioner of Police, (1995) 3 SCC 237.Would mean repeatedly or persistently and implies a thread of continuity stringing ...
Astrology
Astrology, Astrology is a science which claims to foretell the future or make predictions by studying the supposed influence of the relative positions of the moon, sun, planets and other stars on human affairs. It, requires study of celestial bodies, of their positions, magnitudes, motions and distances, etc. Astronomy is a pure science. It was studied as a subject in ancient India and India has produced great astronomers, long before anyone in the Western world studied it as a subject. Since Astrology is partly based upon study of movement of sun, earth, planets and other celestial bodies, it is a study of science at least to some extent, P.M. Bhargava v. U.G.C., (2004) 6 SCC 661 (669): AIR 2004 SC 3478. See also Vedic Astrology.Astrology is either a science or a pseudo-science the forecasting of earthly and human events by means of observing and interpreting the fixed stars, the sun, the moon and the planets has exerted a sometimes extensive and a sometimes peripheral inference in ma...
Consent and implied consent
Consent and implied consent, the consent as en-visaged under s. 11(4)(i) of the Kerala Buildings (Lease and Rent Control) Act, 1965 would mean consent with some positive act which may lead to inference of conferring right on the tenant to sub-let the premises and mere inaction would not be sufficient to amount to implied consent on the part of the landlord, conservation, P John Chandy and Co. (P.) Ltd. v. John P. Thomas, AIR 2002 SC 2057 (2062): (2002) 5 SCC 90. [Kerala Buildings (Lease and Rent Control) Act (2 of 1956) s. 11 (4) (i)]Requires voluntary participation not only after the exercise of intelligence based on the knowledge of the significance and moral quality of the act but after having fully exercised the choice between resistance and assent, State of Himachal Pradesh v. Mango Ram, (2000) 7 SCC 224....
Contingent legacy
Contingent legacy, one bequeathed on a contingency; e.g., if the legatee attain twenty-one.The contingency may only relate to the disposal of the fund, or it may relate to the position or existence of the beneficiary; in the first case as in a bequest to be paid or payable to A. when he shall attain twenty one years, the legacy is vested and not contingent and although he may never attain the age his personal representatives will be entitled to the legacy, but if the words 'paid' or 'to be payable' are omitted and the legacy is to A. on attaining twenty-one years of age his personal representatives will not be entitled to the legacy if he dies under that age. These are said to be positive rules of construction, Williams on Executors and Administrators, 12th Edn. P. 794, but the prima facie inference may be negatived by the context of the will taken as a whole. There are certain other guides to construction, e.g., in general, a gift of interest in the interim or a direction to pay maint...
Contract
Contract, an agreement between competent parties, to do or to abstain from doing some act. For numerous other definitions, see Chalmers's Sale of Goods Act, App. II., where it is said that the 'disposition of the best modern writers appears to be to define ' contract ' as an agreement enforce-able at law,' but contended that this definition seems rather too narrow.Every contract is founded upon the mutual agree-ment of the parties; the other essentials are legality, capacity (depending on age, mental ability, sex and status) a mutual identity of consent (consensus ad idem), and form. When an agreement is stated either verbally or in writing it is usually called an express contract; when the agreement is matter of inference and deduction, it is called n implied contract. (See IMPLIED CONTRACT.)Contract, which provides that the price includes the cost of the goods, the freight and the insurance premium for the transit, Halsbury's Laws of England, Vol. 3(1), para 253, p. 210.Contracts may...
Dispute
Dispute, The meaning of the word 'dispute' is, 'a controversy having both positive and negative aspects. It postulates the assertion of a claim by one party and its denial by the other', Canara Bank v. National Thermal Power Corporation, (2001) 1 SCC 43.The term 'dispute' means a controversy having both positive and negative aspects. It postulates the assertion of a claim by one party and its denial by the other, Gujarat State Corporation Land Development Bank v. P.R. Mondkad, (1979) 3 SCC 123: AIR 1979 SC 1203 (1207).There should be dispute and there can only be a dispute when a claim is asserted by one party and denied by the other on whatever grounds. Mere failure or inaction to pay does not lead to the inference of the existence of dispute. Dispute entails a positive element and assertion in denying, not merely inaction to accede to a claim or a request, Inder Singh Pekhi v. D.D.A., AIR 1988 SC 1007 (1009): (1988) 2 SCC 338.Once such a claim is made prior to invocation of arbitrati...
Entertainment
Entertainment, In Stroud's Judicial Dictionary (4th Edn., Vol. 2, p. 916) the word 'entertainment' has been defined thus:Entertainment ..... for a public or special occasion ...... is an entertainment in the sense of a gathering of persons for entertainment.Entertainment (Small Lotteries and Gaming Act, 1956) c. 45, s. 4(1) included a tombola drive alone without accompanying festivities.The monologue or patter of a comedian, even if delivered at an entertainment provided by an institution whose activities are parly educational, was held to be a variety 'entertainment' within the meaning of the section.Similarly in Words and Phrases, Judicially Defined (Vol. 2, pp. 206- 207) the word entertainment has been defined thus:Entertainment is something connected with the enjoyment of refreshment-rooms, tables, and the like. It is something beyond refreshment; it is the accommodation provided, whether that includes a musical or other amusement or not.Similarly in Words and Phrases (Permanent Ed...
Estoppel
Estoppel, a conclusive admission, which cannot be denied. It is of three kinds:-(1) By matter of record, which imports such absolute and incontrovertible verity, that no person against whom it is producible shall be permitted to aver against it. A record concludes the parties thereto, and their privies, whether in blood, in law, or by estate, upon the point adjudged, but not upon any matter collateral or adjudged by inference, A judgment in an action in rem is absolutely binding upon all the world.A conviction on the same facts is no estoppel in a civil action because the parties are not the same, Palace Shipping Co. v. Caine, 1907 AC 386.(2) By deed. No person can be allowed to dispute his own solemn deed, which is therefore conclusive against him, and those claiming under him, even as to the facts recited in it. The general rule is that an indenture estops all who are parties to it, while a deed-poll only estops the party who executesit, since it is his sole language and act, Shep. T...
Express condition
Express condition, the words 'express condition' stipulates that condition must be clear, manifest, explicit, unambiguous and there is no question of drawing any inference. If there is no express condition restraining partial alienation of the leasehold property, it would not be open to the transferee of the lessor's right to invoke the forfeiture clause for determining the perpetual lease and such conditions cannot be inferred by implication, Raghurao Rao v. Eric P. Mathias, (2002) 2 SCC 624: AIR 2002 SC 797 (802). [Transfer of Property Act, 1882, s. 111(g)]...
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