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Penalty
covenanted pre-estimate of loss, Dunlop Co. v. New Garage Co., 1915 AC 79; approved in Widnes Foundry (1925) Ltd. v. Cellulose Acetate Co. Ltd., (1931) 2 KB 393, and 1933 AC 20. 3. A sum recoverable by action … Penalty, is a liability under the taxing statute, Khemka & Co. v. State of Maharashtra, AIR 1975 SC 1549. Penalty, is legal or official punishment such as a term … a liability under the taxing statute, Khemka & Co. v. State of Maharashtra, AIR 1975 SC 1549. Penalty, is legal or official punishment such as
Permission
allow. In case where permission is required unless permission is granted, no action can be taken, Durgapur Projects Ltd. v. Graphite India Ltd., AIR 1998 Cal 319. … State of Gujarat, AIR 1980 SC 59: (1979) 4 SCC 291: (1980) 1 SCR 290. [Bombay Land Revenue Code, s. 40] The word 'permission' is comprehensive enough to include subsequent permission, L.I.C. of India v. Escorts Ltd., … Permission, 'permission' is a word of wide import and may even survive the death of the person who permits. Manohar Nathusao Samarth
Mens rea
(1889) 23 QBD 173. See also BRETT, J., R. v. Prince, (1875) LR 2 CCR 163; Monsell Bros. Ltd. v. L. & N.W. Ry., (1917) 2 KB, and R. v. Wheate, (1921) 2 KB 119; Siviour v. Napolitano, … REA. Although prima facie and as a general rule there must be a mind at fault before there can be a crime, it is not an inflexible rule, and a statute may relate to such a subject-matter … Mens rea, a guilty mind. See ACTUS NON FACIT REUM, NISI MENS SIT
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Labourer
may be, is not to be regarded as a labourer, G. Venkatachalam Pillai v. Labour and Co. (Pte.) Ltd., AIR 1961 Mad 358 (359). [Limitation Act, 1908, Art. 7] Means servants in husbandry or manufactures, not living … indicates a person who is engaged in the performance of unskilled labour, generally speaking. A person who is called upon to do some work which requires some amount of skill, however little that may be, is not … Labourer, according to the dictionary meaning, this indicates a person who is engaged in the performance of unskilled
Debt owed
liability to pay in praesenti or in futuro an ascertainable sum of money', Kesoram Industries and Cotton Mills Ltd. v. C.I.T., AIR 1966 SC 1370: (1966) 2 SCR 688. [Wealth Tax Act, 1957, s. 2(m)]
Waiver
enforcement of such rights, Dhanukdhari Singh v. Nathina Sahu, (1907) 7 Cal WN 848; Associated Hotels of India Ltd. v. S.B. Sardar Ranjit Singh, AIR 1968 SC 933: (1968) 2 SCJ 441. [Evidence Act, 1872, s. 115] Waiver, … Waiver, in an intentional relinquishment of a known right. There can be waiver unless the person against whom the waiver is claimed had full knowledge of his rights and … for his benefit alone, in a contract or of a statutory provision, may waive it, and allow the contract or transaction to proceed as though
Consent
effect of fraud or misrepresentation is to render a transaction voidable only and not void, Central National Bank Ltd. v. United Industrial Bank Ltd., AIR 1954 SC 181: (1954) SCR 391. The term 'consent' is a much stronger … Consent, an act of reason accompanied with delib-erations, the mind weighing, as in a balance, the good or evil … Consent, an act of reason accompanied with delib-erations, the mind weighing, as in a balance, the good or evil on either side.
Material facts
to establish the plaintiff's right to relief claimed in plaint or defendant's defence in written statement, Mayar (H.K.) Ltd. v. Owner & Parties Vessel M.V. Forture Express, 2006 AIR (SC) 1828: (2006) 3 SCC 100: (2006) 2 JT … Material facts, are concerned, this court has held that they should be fully set out in the election petition and if any
Nameboard
over a building, as an identified measure, then it is a name board, N.D.M.C. v. Allied Motors (Pvt.) Ltd., AIR 1966 SC 388 (390): 1995 Supp (4) SCC 150. [Punjab Municipal Act, 1911, s. 188 (v) and
Terminal
end; extremity; the point at which something comes to an end, Central India Spinning and Weaving Mfg. Co. Ltd. v. Municipal Committee, Wardha, AIR 1958 SC 341; Man Mohan Tuli v. M.C. Delhi, AIR 1981 SC 991: 1981
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