Non Automatic - Law Dictionary Search Results
Home Dictionary Name: non automaticnon automatic
same as hand operated...
motion to lift the automatic stay
motion to lift the automatic stay A request by a creditor to allow the creditor to take action against the debtor or the debtor's property that would otherwise be prohibited by the automatic stay. Source: Administrative Office of the U.S. Courts ...
automatic
automatic : happening or existing through the operation of a preexisting arrangement that is triggered by some event ;specif : happening or existing through the operation of law [ reversal] [an appeal] au·to·mat·i·cal·ly adv ...
automatic stay
automatic stay : a stay that comes into operation upon the filing of a bankruptcy petition in accordance with bankruptcy law that prevents creditors from attempting to collect from the debtor for debts incurred before the filing ...
De 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....
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