Non - Law Dictionary Search Results
Home Dictionary Name: nonDe non apparentibus et non existentibus eadem est ratio
De non apparentibus et non existentibus eadem est ratio. 5 Rep. 6.-(As to things not apparent, and those not existing, the rule is the same.) The maxim applies where a party seeks to rely on writings not produced in Court, which have, on account of such non-production, to be treated as non-existent (Broom's Max.), unless they can be proved by secondary evidence....
Financial non-viability
Financial non-viability, The expression 'financial non-viability' has not been defined in the Income Tax Act but the Finance Minister's speech, the Notes on Clauses of the Bill and the Memorandum explaining the provisions thereof make it clear that the financial non-viability of an undertaking has been equated with the 'sickness' of such undertak-ing and obviously in the context of its revival by a sound undertaking the sickness must be of a temporary character and not any basic or permanent sickness. An undertaking which is basically or potentially non-viable will ordinarily be incapable of revival and would face a closure; in other words, the financial non-viability spoken of by the s. must refer to sickness brought about by temporary adverse financial circumstances that disables the unit to stand and work on its own. Since the expression is occurring in a taxing statute in the context of amalgamation of companies it will have to be understood in its popular sense, that is to say, th...
Misfeasance and non-feasance
Misfeasance and non-feasance, there is a distinction between misfeasance (positive action) and non-feasance (omission). Misfeasance is wilful, reckless or heedless conduct in commission of a positive act lawfully done but with improper conduct. Non-feasance means non-performance of some act which ought to be performed or omission to perform required duty or total neglect of duty. In the case of misfeasance, the defendant is the author of the source of danger to cause damage due to careless conduct, to the person/property of plaintiff. He has knowledge that the act may give rise to tort but in the case of non-feasance several factors require consideration for giving rise to actionable negligence, Rajkot Municipal Corporation v. Manjulaben Jayantilal Nakum, (1997) 9 SCC 552 (582)...
Non-commissioned officer
Non-commissioned officer, means a person holding a non-commissioned rank or an acting non-commissioned rank in the regular Army or the Indian Reserve Forces, and includes a non-commissioned officer or acting non-commissioned officer of the Indian Supplementary Reserve Forces or the Territorial Army who is for the time being subject to this Act. [Army Act, 1950 (46 of 1950), s. 3 (xv)] [s. 132(3)(d), Cr. P.C.]Nonconformist. See DISSENTERS....
Quod non apparet non est; et non apparet judicialiter ante judicium
Quod non apparet non est; et non apparet judicialiter ante judicium (2 Inst. 479), that which appears not is not, and appears not judicially before judgment....
Actio non datur non damnificato
Actio non datur non damnificato [Lat.], An action is not given to him who is not injured.The injury here referred to must be such as the law makes actionable, otherwise the party is non damnificatus, and it is a case of damnum sine injuria....
Non pros
Non pros., abbrev. For non prosequitur (he [the plaintiff] does not pursue [his action]). Where the plaintiff failed to take the proper step in his action in the proper time, the defendant entered what was called a non prosequitur, and signed final judgment against the plaintiff, who was said to be non pros.Under R.S.C. 1883, Ord. XXVII., when the plaintiff neglects to proceed, the course is for the defendant to apply for a dismissal of the action for want of prosecution....
Non-feasance
Non-feasance, an offence of omission. The term is usually applied to a failure to perform a duty to the public. As to liability to an action for damages for non-feasance as distinguished from mis-feasance, see Maguire v. Liverpool Corporation, (1905) 1 KB 767; McClelland v. Manchester Corporation, (1912) 1 KB 118; and Boyntin v. Ancholme Drainage and Nvigation Commissioners, (1921) 2 KB 213.Non-feasance not amounting to gross negligence in gratuitous bailments or undertakings is not actionable, but mis-feasance in such cases imposes a liability; and see NEGLIGENCE.Non-feasance would apply to a case where a person omits to do some act prescribed by law, Khairul Bashar v. Thannu Lal, AIR 1957 All 553....
Non-obstante
Non-obstante (notwithstanding), a licence from the Crown to do that which could not be lawfully done without it. Also, a clause frequent in statutes and letters-patent, importing a licence from the Crown to do a thing, which by Common Law might be done, but, being restrained by Act of Parliament, could not be done without such licence, Plowd. 501.But the doctrine of non-obstante, which sets the prerogative above the law, was effectually demolished by the Bill of Rights at the Revolution of 1688, which enacts that no dispensation, by non obstante of or to any statute, or any prt thereof, shall be allowed, but that the same shall be held void and of none effect, except a dispensation be allowed in such statute.A non-obstante clause is a legislative device usually employed to give overriding effect to certain provisions over some contrary provisions that may be found either in the same enactment or some other enactment, that is to say, to avoid the operation and effect of all contrary pro...
de bonis non
de bonis non [short for de bonis non administratis, from Medieval Latin, of the goods not administered (by the executor)] : concerning the goods of a decedent that are not yet administered see also administrator de bonis non at administrator ...
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