Justness - Law Dictionary Search Results
Home Dictionary Name: justnessJust
Just, the expression 'just' denotes equitability, fairness and reasonableness, and non arbitrary. If it is not so it cannot be just (See Helen C. Rebello v. Maharashtra State Road Transport Corporation, AIR 1998 SC 3191), Divisional Controller KSTRC v. Mahadeva Shetty, AIR 2003 SC 4172 (4177): (2003) 7 SCC 197. (Motor Vehicles Act, 1988, s. 163A and Schedule II)The word 'just' as its nomenclature, denotes equit-ability, fairness and reasonableness having large peripheral field. The largeness is, of course, not arbitrary; it is restricted by the conscience which is fair, reasonable and equitable, if it exceeds; it is termed as unfair, unreasonable, inequitable not just. In Law Lexicon, 5th Edn., by T.P. Mukherjee 'Just' is described:The term just' is derived from the latin word Justus. It has various meanings and its meaning is often governed by the context. 'Just' may apply in nearly all of its senses, either to ethics or law, denoting something which is morally right and fair and some...
Just and equitable
Just and equitable, are a recognition of the fact that a limited company is more than a mere legal entity with a personality in law of its own: that there is room in company law for recognition of the fact that behind it, or amongst it, there are individuals, with rights, expectation and obligation inter se which are not necessarily submerged in the company structure. A. Company H.L.(E) (in re:), (1999) 1 WLR 1092.Just and equitable, the principle of 'just and equitable' clause baffles a precise definition. It must rest with the judicial discretion of the court depending upon the facts and circumstances of each case. These are necessarily equitable considerations and may, in a given case, be super imposed on law. Whether it would be so done in a particular case cannot be put in the straitjacket of an inflexible formula, Hind Overseas Private Limited v. Raghunath Prasad Jhunljunwalla, AIR 1976 SC 565 (574): (1976) 3 SCC 259: (1976) 2 SCR 226.The words 'just and equitable' which occur in...
Just ground
Just ground, by the Code of Criminal Procedure (Amendment) Act No. 9 of 1949 an additional provision was added after the proviso which may be extracted thus: If a husband has contracted marriage with another wife or keeps a mistress it shall be considered to be just ground for his wife's refusal to live with him. The object of introducing this provision was clearly to widen the scope and ambit of the term 'just ground' mentioned in the proviso. This provision is not exhaustive but purely illustrative and self-explanatory and takes within its fold not only the two instances mentioned therein but other circumstances also of a like or similar nature which may be regarded by the Magistrate as a just ground by the wife for refusing to live with her husband. Under the Code of 1973, this provision has been incorporated as Explanation to the second proviso to sub-s. (3) of s. 125, Sirajmohmedkhan Janmohamadkhan v. Hafizu-nnisa Yasinkhan, AIR 1981 SC 1972: (1981) 4 SCC 250. If a husband has con...
Justness
The quality of being just conformity to truth propriety accuracy exactness and the like justice reasonableness fairness equity as justness of proportions the justness of a description or representation the justness of a cause...
just
just [Latin justus lawful, merited, from jus right, law] : conforming to law or to the underlying principles of law: as a : conforming to reason or a standard of correctness [ sanctions cannot be excessive in relation to the offense] b : conforming with what is deemed fair or good [the award of attorney's fees was ] [the application of this rule retroactively is not ] just·ly adv just·ness n ...
Legally and Justly due
Legally and Justly due, the expression 'legally and justly due' must, mean that before a claim is recognised by the Claims Officer he must be satisfied that the principal amount covered by that claim is 'legally and justly due', i.e., that such a claim, if sought to be enforced in a Court of Judicial Tribunal, will find recognition on the basis that it does not suffer from any legal infirmity, India and General Investment Trust Ltd. v. Purna Chandra Mardaraj Rao, AIR 1967 SC 1251 (1256): (1967) 2 SCR 245. [Orissa Estates Abolition Act, (1 of 1952), s. 20(1)]...
just compensation
just compensation : compensation for property taken under eminent domain that places a property owner in the same position as before the property is taken see also eminent domain NOTE: Just compensation is usually the fair market value of the property taken. Attorney's fees or expenses are usually excluded. ...
Just impediment
Just impediment, where two views are equally possible on this complex question and where a party being guided by one of such views adopts a course consistent with that view it would equally be a case of 'just impediment' within the meaning of art. 145 of the Portuguese Code, which could be said to have prevented the party from filing the appeal within limitation prescribed by the Por-tuguese Code, Maria Cheristine De Souza Soddar v. MariaZurna Pereira Pinto, AIR 1979 SC 1352 (1355): (1979) 1 SCC 92....
just cause
just cause see cause ...
just title
just title see title ...
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