Misapprehension - Law Dictionary Search Results
Home Dictionary Name: misapprehensionMisapprehensively
By or with misapprehension...
sound
sound 1 a : free from injury or disease : exhibiting normal health b : free from flaw, defect, or decay [a design] 2 a : free from error, fallacy, or misapprehension [based on judicial reasoning] b : legally valid [a title] 3 : showing good judgment or sense sound·ly adv sound·ness n of sound mind : having the mental capacity to make a will esp. as demonstrated by the ability to understand the nature of one's property, identify the natural objects of one's bounty, and understand the nature of the dispositions being made in the will vi : to be based or founded : have a specified basis for an action used with in [those remedies for rent which ed in contract "O. W. Holmes, Jr."] [ing in tort] ...
Misapprehension
A mistaking or mistake wrong apprehension of ones meaning of a fact misconception misunderstanding...
In all respects
In all respects, means in a contract, by the owner of a park, allowing the car owners to park their cars in the private property of the park-owner, he stipulated that he would not be responsible for the safe custody of any cars or articles therein nor for any damage to the cars or articles, however caused, nor for any injuries to any persons, all cars being left in all respect entirely at their owners.The expression 'in all respects' was interpreted wide enough to show that whatever might be done with regard to that car, the owner took the risk of its happening or of its being done. The position, therefore, would be that he should not hand over the car to any body but the true owner, and if the servant in the performance of the duty performs it negligently, and, acting under a misapprehension which a little more care might have prevented, hands over the car to the wrong person, that is one of the risks which on the true construction of documents, the car-owner took, Asbhy v. Tolhurst, ...
Per incuriam
Per incuriam, are those decisions given in ignorance or forgetfulness of some inconsistent (sic) statutory provision or of some authority binding on the court concerned, so that in such case some part of the decision or some step in the reasoning on which it is based, is found, on that account to be demonstr-ably wrong, A.R. Antulay v. R.S. Nayak, (1998) 2 SCC 602: 1988 SCC (Cri) 372.Per incuriam, through want of care. An order of the Court obviously made through some mistake or under some misapprehension is said to be made per incuriam.Incuria literally means 'carelessness'. In practice per incuriam appears to mean per ignoratium. English courts have developed this principle in relaxation of the rule of stare decisis. The 'quotable in law' is avoided and ignored if it rendered, 'in ignoratium of a statute or other binding authority', Young v. Bristol Aeroplance Co. Ltd., foll.; State of Uttar Pradesh v. Synthtics and Chemicals Ltd., (1991) 4 SCC 139 (162)....
Review
Review, is the act of looking, offer something again with a view to correction or improvement, Lily Thomas v. Union of India, (2000) 6 SCC 224.The expression review used in two different senses namely (1) a procedural review which is either inherent or implied in a court or Tribunal to set aside a palpably erroneous order passed under by misapprehension under it and (2) a review on merits when the error sought to be corrected is one of law and is apparent on the face of the record, State of Maharashtra v. Smt. Sobha Vithal Kolte, AIR 2006 Bom 44.The word 'review' necessarily implies the power of the Board to have a second look and to so adjust from time to time its charges as to carry on its operations under the Act without sustaining a loss, Delhi Cloth and General Mills Co. Ltd. v. Rajasthan State Electricity Board, AIR 1986 SC 1126: (1986) 2 SCC 431: (1986) 1 SCR 633.Literally and even judicially means re-examination or re-consideration. Basic philosophy inherent in it is the univer...
Specific performance
Specific performance. Equity, in obedience to the cardinal rule of natural justice that a person should perform his agreement enforces, pursuant to a regulated and judicial discretion, the actual accomplishment of a thing stipulated for, on the ground that what is lawfully agreed to be done ought to be done, and that damages at law for breach of the contract are not a sufficient com-pensation. The Common Law has not recognized this principle; it has only given damages to a suffering party for the non-performance of an executory agreement. The (English) C.L.P. Act, 1854, however, imparted to the Common Law writ of mandamus a little more efficacy by provisions since superseded by s. 24 of the Judicature Act, 1873, now by Judicature Act, 1925, s. 36, and the (English) Mercantile Law Amendment Act, 1856, introduced a procedure for enforcing the specific delivery of goods sold, specially superseded by s. 52 of the (English) Sale of Goods Act, 1893.An award of damages may be combined with a ...
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial