Itself - Law Dictionary Search Results
Home Dictionary Name: itselfThe closure of the place of business and not itself
The closure of the place of business and not itself, the distinction between a lockout and a closure has been explained by the decision of this Court in the Management of Express Newspapers Ltd. v. Workers and Staff employed under it, AIR 1963 SC 569: (1963) 3 SCR 540. It was pointed out in that case that in the case of a closure the employer does not merely close down the place of business but he closes the business itself finally and irrevocably. A lock-out on the other hand indicates the closure of the place of business and not closure of the business itself. It is now well-established that in the case of a closure the employer does not merely close down the place of business but he closes the business finally and irrevocably, Tatanagar Foundry Co. Ltd. v. Their Workmen, AIR 1970 SC 1960: (1969) 3 SCC 464: (1970) 3 SCR 8....
itself
The neuter reflexive pronoun of It as the thing is good in itself it stands by itself...
To satisfy itself
To satisfy itself, the words 'to satisfy itself' under s. 25 appears to be that the power conferred on the High Court under s. 25 is essentially a power of superintendence, Raj Lakshmi Dyeing Works v. Rangaswamy Chettiar, AIR 1980 SC 1253 (1255): (1980) 4 SCC 259...
Res ipsa loquitur
Res ipsa loquitur (the thing speaks for itself), a phrase used in actions for injury by negligence where no proof of negligence is required beyond the accident itself, which is such as necessarily to involve negligence, e.g., a collision between two trains upon a railway: see Carpue v. London, Brighton, and South Coast Ry. Co., (1844) 5 Ex. 787.Res ipsa loquitur (thing speaks for itself) is a principle which, in reality, belongs to the law of torts, Syed Akbar v. State of Karnataka, AIR 1979 SC 1848 (1851).The thing speaks for itself.This maxim is applicable in actions for injury by negligence where no proof of negligence is required beyond the accident itself, which is such as necessarily to involve negligence-- e.g., where a ship in motion collides with a ship at anchor. It ought not to be applied unless the facts proved are more consistent with negligence in the defendant than with a mere accident; nor ought it to be applied to evidence of an unexplained accident, if the evidence is...
Sovereignty
Sovereignty, means 'supremacy in respect of power, dominion or rank; supreme dominion authority or rule. Sovereignty is the right to govern. The term sovereignty as applied to states implies 'Supreme, absolute, uncontrollable power by which any state is governed, and which resides within itself, whether residing in a single individual or a number of individuals, or in the whole body of the people. Sovereignty according to its normal legal connotation is the supreme power which govern the body politic, or society which constitutes the state and the power is independent of the particular form of government whether monarchial, autocratic or democratic, Govindrao v. State of Madhya Pradesh, AIR 1982 SC 1201.Means the Supreme, absolute and uncontrollable power by which any independent state is governed; supreme political authority paramount control of the constitution and frame of government and its administration; the self-sufficient source of political power from which all specific politi...
Court of record
Court of record, a court of record envelops all such powers whose acts and proceedings are to be enrolled in a perpetual memorial and testimony. A court of record is undoubtedly a superior court which is itself competent to determine the scope of its jurisdiction, M.M. Thomas v. State of Kerala, (2000) 1 SCC 666.In relation to any matter, means the court to which proceedings with respect to the matter are allocated or transferred, Halsbury's Laws of England, Vol. 3(2), para 747, p. 405.Members of the State judiciary below the High Court are subordinate to the High Court and the control over the district courts and court subordinate thereto is vested in it, Constitution of India, Durga Das Basu, Vol. H, 6th Edn., p. 286.Although the Supreme Court as the final appellate court, can revise the decisions of the High Court, the High Courts are not administratively subordinate to the Supreme Court, Commentary on the Constitution of India, Durga Das Basu, Vol. H, 6th Edn., p. 233.Means the cou...
Structure
Structure, the structure must be an entity in itself, although not necessarily a building in itself, adopted to the particular purpose it serves. In its ordinary sense a structure is something which is constructed by way of being built as is a building but method of construction by itself is not conclusive. Structure by itself may not be a building but it may be analogous to a buildings, outhouse, shed, hut or a stable, Municipal Corporation of Greater Bombay v. Indian Oil Corporation, AIR 1991 SC 686 (692): 1991 Supp (2) SCC 18. [Bombay Municipal Corporation Act, 1888, s. 3(s)]...
Church of Scotland
Church of Scotland. The authority and jurisdiction of the Pope were abolished in 1567, and since then, except for some intervals of first, Presbytery has been the form of Church Government in Scotland. The Church has independent power to legislate and to adjudicate finally in all matters of doctrine, worship, government, and discipline within itself. Its Supreme Court is the General Assembly, which consists of ministers and elders elected by the Presbyteries, Universities, and the Royal Burghs and by the Church in India. Its sittings are attended by a Lord High Commissioner, representing the King, and it is presided over by a Moderator, who is nominated each year by a selection committee. The tenure of ecclesiastical property and endowments was reorganized by the Church of Scotland (Property and Endowments) Act, 1925 (15 & 16 Geo. 5, c. 33), the general effect of which was to transfer all ecclesiastical property and endowments, as well as the responsibility, for their maintenance and c...
Circumstantial evidence
Circumstantial evidence, presumptive proof when the fact itself is not proved by direct testimony, but is to be inferred from circumstances, which either necessarily or usually attend such facts. It is obvious that a presumption is more or less likely to be true according as it is more or less probable that the circumstances would not have exited unless the fact which is inferred from them had also existed; and that a presumption can only be relied on until the contrary is actually proved. Circumstantial evidence has, in some instances, undoubtedly been found to produce a much stronger assurance of a prisoner's guilt than could have been produced by more direct and positive testimony. As a general principle, however, it is true that positive evidence of a fact from credible eye-witnesses is the most satisfactory that can be produced; and the universal feeling of mankind leans to this species of evidence in preference to that which is merely circumstantial. If positive evidence of a fac...
Equity of redemption
Equity of redemption. Before 1926 the equitable estate or interest left in a person after he had mortgaged his property. Now the right to call for a reconveyance of a legal estate or of an equitable interest in property from the mortgagee on payment of principal, interest and costs. A mort-gagee, although he has become absolute owner of a legal estate in the mortgaged property, on account of the breach of the condition for repayment of the loan within the strict time, is nevertheless compelled to reconvey the legal estate to the mortgagor, who applies to redeem it, on payment of the principal, interest, and costs, Equity treating the breach of the condition as a penalty, and the retention for the mortgagee's own benefit of that which was intended simply as a pledge, as contrary to substantial justice.The right or equity of redemption is an essential attribute of a mortgage; it is inherent in the thing itself, and any provision inserted in the mortgage to defeat the right is void as a '...
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