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Legal service

Legal service, includes the rendering of any service in the conduct of any case or other legal proceeding before any court or other authority or tribunal and the giving of advice on any legal matter. [Legal Services Authorities Act, 1987 (39 of 1987), s. 2 (1) (c)]...


Locus standi

Locus standi, is a place for standing, rights to be heard, A Dictionary of Law, William C. Anderson, 1889, p. 637.Locus standi, is the right of the petitioner against a private, provisional order or hybrid bill or special procedure order to be heard upon his petition. A petitioner has locus standi which his interest is directly hit by the bill, if passed into law, Parliamentary Dictionary, L.A. Abrahan and S.C. hawtrey, 1956, p. 113.Locus standi, the right of a party to appear and be heard on the question before any tribunal, frequently disputed in private bill legislation. Consult the works of Smethurst, or of Clifford and Stephens, on this subject....


Other legal proceeding

Other legal proceeding, the expression 'other legal proceeding' must be read ejusdem generis with the preceding words 'suit' and prosecution as they constitute a genus. The penalty and adjudication proceedings in question did not fall within the expression 'other legal proceeding' employed in s. 40(2) of the Act as it stood prior to its amendment by Act 22 of 1973, Assistant Collector of Central Excise v. Ramdev Tobacoo Co., AIR 1991 SC 506 (511): (1991) 2 SCC 119. [Central Excise and Salt Act (10 of 1944), s. 40 (2) (Prior to Amendment Act 22 of 1973)]...


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)]...


Malicious prosecution

Malicious prosecution, a prosecution, preferred maliciously, without reasonable or probable cause; the remedy is an action on the case, in which damages may be recovered. The allegation of want of probable cause must be substantively and expressly proved, and cannot be implied; but it is for the judge, not the jury, to determine upon it, Abrath v. North Eastern R. Co., (1886) 11 App Cas 247; Cox v. English, Scottish and Australian Bank, 1905 AC 168. Animus injuri' cannot be inferred from the mere fact that the prosecution has failed, Corea v. Peiris, 1909 AC 549. See Addison or Clerk and Lindsell on Torts....


Taluk Legal Service Committee

Taluk Legal Service Committee, means a Taluk Legal Services Committee constituted under s. 11A. [Legal Service Authorities Act, 1987 (39 of 1987), s. 2(1) (k)]...


Legal fiction

Legal fiction, it must be confined to the limited purpose for which it is created, Commissioner of Sales Tax v. Union Medical Agency, (1981) 1 SCC 51: AIR 1981 SC 1.The Supreme Court thus while laying down the principles on the basis of which a deeming provision should be construed held 'a legal fiction must be limited to the purposes for which it is created and not to be extended beyond its legitimate field', K.S. Dharmadatan v. Central Government, AIR 1979 SC 1495: (1979) 4 SCC 204.Legal fiction pre-supposes the correctness of the state of facts on which it is based and all the consequences which flow from that state of facts have got to be worked out to their logical extent, Bengal Immunity Co. v. State of Bihar, (1955) 2 SCR 603: AIR 1955 SC 661 (709). [Constitution of India, Article 286(2)]...


Legal proceeding

Legal proceeding, the 'legal proceeding' means any proceeding or enquiry in which evidence is or may be given and includes an arbitration. On this wide coverage, a proceeding under section 46 of the Trade Marks Act is a legal proceeding, Pt. Ram Avtar Sharma v. Pt. Chakradhar Saran Sharma, AIR 1971 All 157....


Legal misconduct

Legal misconduct, it is difficult to give an exhaustive definition of what amounts to legal misconduct. It may however be stated that legal misconduct means misconduct in the judicial sense arising from some honest, though erroneous, breach and neglect of duty and responsibility on the part of the arbitrator causing miscarriage of justice. It includes failure to perform the essential duties which are cast on an arbitrator as such. It also includes any irregularity of action which is not consonant with general principles of equity and good conscience which ought to govern the conduct of an arbitrator, Indian Mineral Co. v. Northern India Lime Marketing Association, AIR 1958 All 692....


Legal entity

Legal entity, only a thing recognised by the law as real in itself and distinct from its qualities and attributes and, while every legal person is necessarily a legal entity, the converse is not true, Ittiavira Thomas v. Sankaranarayanan Kesavan Nampori of Manakkattu, AIR 1964 Ker 144....



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