Material Fact - Law Dictionary Search Results
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verdict [alteration (partly conformed to Medieval Latin veredictum) of Anglo-French veirdit statement, finding, verdict, from Old French veir true (from Latin verus) + dit saying, from Latin dictum] 1 : the usually unanimous finding or decision of a jury on one or more matters (as counts of an indictment or complaint) submitted to it in trial that ordinarily in civil actions is for the plaintiff or for the defendant and in criminal actions is guilty or not guilty compare judgment compromise verdict : a verdict produced not by sincere unanimous agreement on guilt or liability but by an improper surrender of individual convictions ;specif : an impermissible verdict by a jury that is unable to agree on liability and so compromises on an award of damages that is less than what it should be if the plaintiff has a right of recovery free from any doubts di·rect·ed verdict 1 : a verdict granted by the court when the party with the burden of proof has failed to present sufficie...
Material concealment of facts
Material concealment of facts, is a concealment of facts which if communicated to the other party to the contract, would induce him either to refuse to agree to it or not to agree to it except on modification of the terms thereof, Elton v. Larkins, 131 ER 376....
Mistake
Mistake, misconception, error.Money paid under a mistake of a material fact, as where a person discounts a forged bill, is recoverable (though a banker paying the forged cheque of a customer cannot charge the customer with the loss), and see Jones & Co. v. aring & Gillow Ltd., 1926 AC 670; but money paid under a mistake of law is ordinarily not recoverable, Holt v. Markham, (1923) 1 KB 504, though there is an exception in the case where an officer of a Court or a trustee in bankruptcy has received the money [Ex P. Simmonds, (1885) 16 QBD 308]. A contract is not voidable because it was caused by a mistake as to any law in force in India; but a mistake as to a law in force in India has the same effect as a mistake of fact. (The Indian Contract Act, 1872, s. 21)It is a common condition of the sale of land that any error or misdescription shall not vitiate the sale, and mayor may not be made the subject of compensation, and this condition applies whether an error complained of was discover...
Knowledge of the decree
Knowledge of the decree, the expression 'knowledge of the decree' in Art. 164 means knowledge of the particular decree which is sought to be set aside. When the summons was not duly served, limitation under Art. 164 does not start running against the defendant because he has received some vague information that some decree has been passed against him. It is a question of fact in each case whether the information conveyed to the defendant is insufficient to impute to him knowledge of the decree within the meaning of Art. 164. The test of the sufficiency is not what the information would mean to a stranger, but what it meant to the defendant in the light of his previous dealings with the plaintiff and the facts and circumstances known to him. If from the information conveyed to him the defendant has knowledge of the decree sought to be set aside, time begins to run against him under Art. 164. It is not necessary that a copy of the decree should be served on the defendant. It is sufficien...
Going to the Country
Going to the Country. When a party, under the system of pleading before the Common Law Procedure Act, finished his pleading by the words, 'and of this he puts himself upon his country,' meaning that he intended to take the verdict of a jury upon the issue of fact; this was called 'going to the country.' It was the essential termination to a pleading which took issue upon a material fact in the preceding pleading. See VERIFICATION....
Petition
Petition, a supplication made by an inferior to a superior, having jurisdiction to grant redress.The subject has a right to petition the sovereign, or the two Houses of Parliament, and all commit-ments and prosecutions for such petitioning are declared by the Bill of Rights (see BILL OF RIGHTS) to be illegal.But by 13 Car. 2, st. 1, c. 5, prior in date to the Bill of Rights, it was enacted that not more than twenty names should be signed to a petition to the Crown or either House of Parliament for alteration of matters in Church or State, without the previous approval of the contents by three justices or the majority of a grand jury, and further, that no petition should be presented by a company of more than ten persons.There are several regulations respecting petitions to Parliament, which, if neglected in any one parti-cular, will prevent their reception. For instance, signatures or marks must be original, not copies nor signatures of agents on behalf of others; no chairman of a publ...
Abet
Abet [from a (ad vel usque), and bedan, or beteren, to stir up or excite, Sax.], to maintain or patronise: to encourage or set on. The act is called abetment. An abettor or abettator is an instigator or setter on, one who promotes or procures a crime to be committed, Old Nat. Br. 21. See ACCESSARY.With its grammatical variations and cognate expressions, shall have the same meaning as in the Indian Penal Code (45 of 1860). With its grammatical variations and cognate expressions, shall have the same meaning as in the Indian Penal Code (45 of 1860). [General Clauses Act, 1897 (10 of 1897), s. 3 (1)]Defined. (Abetment of a thing.-A person abets the doing of a thing, who-First.-Instigates any person to do that thing; orSecondly.-Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; orThirdly.-Intentionally aids, by any act or illegal o...
Due course of law
Due course of law, Due course of law in each par-ticular case means such an exercise of the powers by duly constituted tribunal or court in accordance with the procedure established by law under such safeguards for the protection of individual rights. A course of legal proceedings according to the rules and principles which have been established in our system of jurisprudence for the enforcement and protection of private rights. To give such proceedings any validity, there must thus be a tribunal competent by its constitution, that is by law of its creation, to pass upon the subject matter of the suit or proceeding; and, if that involves merely a determination of the personal liability of the defendant, it must be brought within its jurisdiction by service of process within the State, or his voluntary appearance. Due course of law implies the right of the person affected thereby to be present before the tribunal which pronounces judgment upon the question of life, liberty or property i...
Consultation
Consultation, in Words and Phrases (Permanent Edition, 1960, Volume 9, page 3) to 'consult' is defined as 'to discuss something together, to deliberate'. Corpus Juris Secundum (Volume 16A, Edn. 1956, page 1242) also says that the word 'consult' is frequently defined as meaning 'to discuss something together, or to deliberate'. By giving an opportunity to consultation or deliberation the purpose thereof is to enable the Judges to make their respective points of view known to the others and discuss and examine the relative merits of their view, High Court of Judicature for Rajasthan v. P.P. Singh, (2003) 4 SCC 239: AIR 2003 SC 1029 (1038). [Rules of High Court of Judicature for Rajasthan (1952), R. 15]A writ in the nature of a procedendo, whereby a cause, having been removed by prohibition from the Ecclesiastical Court to the King's Court, is returned thither again; for if the judges of the King's Court, upon comparing the libel with the suggestion of the party, find the suggestion false...
Application
Application, a request, a motion to a Court or judge; the disposal of a thing.A prayer made to an authority for relief to set aside an order of another authority, Shaik Saidulu v. Chukka Yesu Ratnam, (2002) 3 SCC 130 (136): AIR 2002 SC 749. [Hyderabad Municipal Corporatiion Act (2 of 1956) s. 71]Includes a petition. [Limitation Act, 1963 (36 of 1963), s. 2 (b)]Means an application made to a Tribunal under s. 19. [Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (51 of 1993), s. 2 (b)]Means an application made under s. 19. [Administrative Tribunals Act, 1985 (13 of 1985), s. 3 (b)]Means an application made to a Tribunal under section 19, Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (51 of 1993), s. 2(b).Means an application made under section 16, Railways Claims Tribunal Act, 1987 (54 of 1987), s. 2(a).An application for the purpose is a request by all the lessees to permit the change of the user of the land showing readiness and willingness to ...
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