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Replevin

property of the goods either general or special in him at the time of the taking, and it lies against him who takes the goods and also against him who commands the taking, or against both. Whatever

Burden of proof

qui dicit, nonqui negat; Actori incumbit onus probandi; and Affirmanti non neganti incumbit probatio. The burden of proof lies on the person who has to support his case by proof of a fact which is peculiarly within

Passing off

PTC 98 (SC): (1997) IPLR 231 (SC): 1997 AIPC 165 (SC). Even on disclaimer, a passing off action lies, Goodfrey Phillips India Ltd. v. Girnar Food & Beverages Pvt. Ltd., 2000 PTC 365 SC: (1998) 9 SCC

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Contribution

creditor. Legatees are sometimes compelled to refund and contribute for the payment of debts. In like manner, contribution lies between partners for any excess, which has been paid by one partner beyond his share, if, upon the

Waste lands

Waste lands, the expression 'waste lands' has a well-defined legal connotation. It means lands which are desolate, abandoned, and not fit ordinarily for use for building purposes. In Shorter Oxford English Dictionary, 3rd Edn., Vol. 2,...

Valuable security

any legal right is created, extended, transferred, restricted, extinguished or released, or whereby any person acknowledges that he lies under legal liability, or has not a certain legal right, see also. [Dowry Prohibition Act, 1961 (28 of

Seizure

Seizure, 'seizure' means something different because here seizure means that the Commissioner would take into possession the account books and take them outside the possession of the assessee, Mangat Rai v. State of Madhya Pradesh (1969)...

Mentition

Mentition, [fr. Latin mentitio 'lying'] The act of lying, Black's Law Dictionary, 7th Edn., p. 1000.

Free-board, or freebord

Free-board, or freebord. The precise nature of free-board is not very clear, but it may be described as denoting certain rights enjoyed by the owner of an ancient park over a strip of ground, varying in...

False imprisonment

v. Weardale Steel Co., 1915 AC 67. The onus of proving the defence of reasonable or probable cause lies on the defendant. An action for false imprisonment must not be confused with one for malicious prosecution where

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