Motivating - Law Dictionary Search Results
Home Dictionary Name: motivating Page: 6Qui jussu judicis aliquod fecerit non videtur dolo malo fecisse, quia parere necesse est
Qui jussu judicis aliquod fecerit non videtur dolo malo fecisse, quia parere necesse est. 10 Rep. 76, (He who does an act by command of a judge is not considered to act from a wrongful motive, because it is his duty to obey.) See Broom's Leg. Max....
Public service
Public service, an activity however beneficial to the people and however useful cannot, be reasonably regarded as public service if is of a type which may be carried on by private individuals and is carried on by government with a distinct profit motive. By reason of the fact that a commercial undertaking is owned and run by the State it does not ipso facto become a 'public service', Satya Narain Singh v. District Engineer, AIR 1962 SC 1161 (1163): 1962 Supp (3) SCR 105....
Profit motive
Professional institution, means organisations which import advanced learning in a particular field on profession such as law, medicine or engineering for attachment of special knowledge as distinguished from mere skill, Kannammal Educational Trust v. Union of Madras, AIR 1996 Mad 303. [See T.N. Private College (Regulations) Act, (19 of 1976), s. 3]...
Privileged communication
Privileged communication, a communication which a witness cannot be compelled to divulge, such as that which takes place between husband and wife (see the (English) Evidence Amendment Act, 1853 (16 & 17 Vict. c. 83), s. 3, and Criminal Evidence Act, 1898 (61 & 62 Vict. c. 36), s. 1), between a client and his legal adviser, and which cannot be disclosed without the client's consent; secrets of State, etc. See also CONFESSION. Also a communication which cannot be made the ground of an action for defamation, either (a) absolutely, or (b) without a malicious motive, such as that which is made truthfully and bona fide by a master respecting the character of a servant to a person intending to employ him. Incidental publication will not affect the privilege, Edmondson v. Birch, (1907) 1 KB 371; consult Odgers on Libel. See LIBEL....
Payable
Payable, 'payable' generally means that which should be paid, New Delhi Municipal Committee v. Kalu Ram, AIR 1976 SC 1637 (1639): (1976) 3 SCC 407: (1976) Supp SCR 87.The expression 'the full amount payable by the foreign buyer in respect of the goods' occurring in cl. (b) would mean merely the total amount which is due from the foreign buyer in respect of the goods actually exported; and what would be due from a foreign buyer has to be merely the price which he has been agreed to pay and not any fanciful, unreal or inflated price which the exporter may choose to falsely incorporate in the invoice with any ulterior motives. The foreign buyer cannot, by any stretch of imagination, be held to be liable to pay any amount over and above the price which he has promised to pay for the goods received by him and any difference between that price and the price given in the invoice can therefore not have the attribute of having become 'payable' by him, Director, Enforcement Directorate, Ministry...
Object
Object, the word object would mean the purpose and design which is the object of the contract, if it is opposed to public policy which tends to defeat any provision of law or purpose of law, it becomes unlawful and thereby it is void under s. 23 of the Contract Act. S. 23 is concerned with only the object or consideration of the transaction and not the reasons or motive which prompted it, Gurmukh Singh v. Amar Singh, (1991) 3 SCC 79 (82). (Indian Contract Act, 1872, s. 23)...
Motor conveyance
Motor conveyance, means any vehicle, vessel or aircraft for the conveyance of human beings, animals or goods, by land, water or air, in which petroleum is used to generate the motive power. [Petroleum Act, 1934 (10 of 1934), s. 2 (g)]...
Full amount payable by the foreign buyer in resect of the goods
Full amount payable by the foreign buyer in resect of the goods, the expression 'the full amount payable by the foreign buyer in respect of the goods' occurring in clause (b) would mean merely the total amount which is due from the foreign buyer in respect of the goods actually exported; and what would be due from a foreign buyer has to be merely the price which he has agreed to pay and not any fanciful, unreal or inflated price which the exporter may choose to falsely incorporate in the invoice with any ulterior motives. Director, Enforce-ment Directorate v. Krishnaswamy, AIR 1979 SC 1969 (1971). [Foreign Exchange Regulation Act, 1947, s. 12(2)]...
Misconduct
Misconduct, is a relative term. It has to be considered with reference to the subject-matter and the context wherein such term occurs. It literally means wrong conduct or improper conduct, R.D. Saxena v. Balram Prasad Sharma, (2000) 7 SCC 264.Misconduct, means 'A transgression of some established and definite rule of action, a forbidden act, a dereliction from duty, unlawful behaviour, wilful in character, improper or wrong behaviour; its synonyms are misdemeanour, misdeed, misbehaviour, delinquency, impropriety, mismanagement, offence, but not negligence or carelessness, (Black's Law Dictionary), N.G. Dastane v. Shrikant S. Shivde, (2001) 6 SCC 135.The word 'misconduct' is not capable of precise definition, but at the same time though incapable of precise definition, the word 'misconduct' on reflection receives its connotation from the context, the delinquency in performance and its effect on the discipline and the nature of duty. The act complained of must bear a forbidden quality or...
Manifesto, or Manifest
Manifesto, or Manifest, a public declaration made by a prince, in writing, showing his intention to begin a war or other enterprise, with the motives that induce him to it, and the reasons on which he founds his rights and pretensions, Encyc. Londin.In commercial navigation, a document signed by the master, containing a general statement of the ship and cargo, i.e., the names of the places where the goods have been laden, and the places for which they are destined, the name and tonnage of the vessel, the name of the master, and the place to which the vessel belongs, a particular description of the packages on board, marks, numbers, etc., the goods contained in them, and the name sof the shippers and consigness, as far as known. The manifest must be made out, dated, and signed by the captain, at places where the goods, or any part, are taken on board....
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