Mutatis Mutandis - Law Dictionary Search Results

Home Dictionary Name: mutatis mutandis

Mutatis mutandis

Mutatis mutandis, implies applicability of any provision with necessary changes in points of detail, Prahlad Sharma v. State of U.P., (2004) 4 SCC 113.Mutatis mutandis, means 'with the necessary changes in points of detail, Earl Jowitt's the Dictionary of English Law (1959), Mariyappa v. State of Karnataka, (1998) 3 SCC 276: AIR 1998 SC 1334Mutatis mutandis. With the necessary changes in points of detail.Earl Jowitt's The Dictionary of English Law (1959) defines 'mutatis mutandis as 'with the necessary changes in points of detail'. Black's law Dictionary (Revised 7th Edn., 1999 at p. 1039) defines 'mutatis mutandis' as 'with the necessary changes in points of detail, meaning that matters or things are generally the same, but to altered when necessary, as to names, offices, and the like, Houseman v. Waterhouse. In Bouvier's Law Dictionary (3rd Revision, Vol. II), the expression, 'mutatis mutandis' is defined as 'The necessary changes. This is a phrase of frequent practical occurrence, m...

Entitled to act

Entitled to act, the following persons shall be deemed persons as and to the extent hereinafter provided (that is to say):-Provided that--(i) no person shall be deemed 'entitled to act' whose interests in the subject-matter shall be shown to the satisfaction of the Collector or Court to be adverse to the interest of the person interested for whom he would otherwise be entitled to act.(ii) in every such case the person interested may appear by a next friend, or, in default of his appearance by a next friend, the Collector or Court, as the case may be, shall appoint a guardian for the case to act on his behalf in the conduct thereof.(iii) the provisions of Order 32 of the First Schedule to the Code of Civil Procedure, 1908 shall, mutatis mutandis, apply in the case of persons interested appearing before a Collector or Court by a next friend, or by a guardian for the case, in proceedings under this Act.(iv) no person 'entitled to act' shall be competent to receive the compensation money p...

In respect of any reference made to the court

In respect of any reference made to the court, what the clause 'in respect of any reference made to the court' means is that the provisions of the Central Act shall mutatis mutandis apply in respect of any reference intended, proposed, or asked, to be made, and not in respect of any reference already made, Kajari Lal Agarwala v. Union of India, AIR 1966 SC 1538 (1540): (1966) 3 SCR 141. [West Bengal Land (Requisition and Acquisition) Act, (2 of 1948), s. 8(2)]...

Merger

Merger [fr. mergo, Lat., to sink], an annihilation, by act of law, of a particular in an expectant estate consequent upon their union in the same person without an intervening estate in another person--thus accelerating into possession the expectant which swallows up the particular estate. It is the drowning of one estate in another, and differs from suspension, which is but a partial extinguishment for a time; while extinguishment, properly so termed, is the destruction of a collateral thing in the subject itself out of which it is derived. 'In order that there may be a merger, the two estates which are supposed to coalesce must be vested in the same person at the same time and in the same right' [Re Radcliffe, (1892) 1 Ch 231, per Lindley, LJ]. An estate tail, however is an exception to the rule; for a man may have in his own right both an estate tail and a reversion in fee; and the estate tail, though a less estate, will not merge in the fee, 2 Bl. Com. 177.The doctrine of merger pr...

Trial

Trial, does not exclude a proceeding relating to the delivery of judgment, Inayat v. Rex, AIR 1950 All 369: 1950 All LJ 127: 1950 All WR 245.Trial, is not necessary that the trial must be a full-dressed or a jury trial or a trial which concludes only after taking evidence of the parties in support of their respective cases, Dipak Chandra Ruhidas v. Chanden Kumar Sarkar, AIR 2003 SC 3701.Trial, is the conclusion, by a competent tribunal, of question in issue in legal proceedings, whether civil or criminal. Strouds Judicial Dictionary (5th Edn.) Indian Bank v. Maharashtra State Co-op. Marketing Federation Ltd., (1998) 5 SCC 69.Trial, is the examination by a competent court of the facts or laws in dispute, or put in issue in a case. It is the judicial examination of issues between the parties, whether they are of law or of fact, Sajjan Singh v. Bhagilal Pandya, AIR 1958 Raj 307.Trial, is understood as referring to the stage of the proceeding in a criminal case after the charge had been fr...

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