Note V State - Law Dictionary Search Results
opinion
be to issue an advisory opinion "JBC of Wyoming Corp. v. City of Cheyenne, 843 P.2d 1190 (1992)"] NOTE: Advisory opinions are issued esp. by administrative agencies and by some state courts. Federal courts are constrained by
federal common law
law developed in the federal courts see also Erie Railroad Co. v. Tompkins in the Important Cases section NOTE: Federal common law is applied primarily in admiralty and maritime cases, disputes between states, matters of international relations, … the Important Cases section NOTE: Federal common law is applied primarily in admiralty and maritime cases, disputes between states, matters of international relations, and in cases regarding the proprietary interests of the U.S. Federal common law is
double jeopardy
already been prosecuted - see also jeopardy, Amendment V to the Constitution in the back matter compare merger NOTE: The Fifth Amendment to the Constitution states that no person shall “be subject for the same offense to … Amendment V to the Constitution in the back matter compare merger NOTE: The Fifth Amendment to the Constitution states that no person shall “be subject for the same offense to be twice put in jeopardy of life
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additur
the increase by a court of the jury's award of damages which the court deems insufficient compare remittitur NOTE: The Supreme Court held in Dimick v. Schiedt, 293 U.S. 474 (1935) that additur violates the Seventh Amendment … U.S. 474 (1935) that additur violates the Seventh Amendment and so is not permissible in federal courts. Many state courts allow additur, however, when the defendant agrees to the increased award on the condition that the court
Preamble
served upon a detenu, Dhananjoy Das v. District Magistrate Darrang, (1982) 2 SCC 521. Means merely the prefatory note or the introductory para containing casual or passing reference to in significant facts not intended to be relied … if the latter, contrary to many decisions of our court be considered vague, His Holiness Kesavananda Bharati Sripadagalvaru v. State of Kerala, AIR 1973 SC 1461: (1973) 4 SCC 225: (1973) Supp SCR 1. Preamble' has been defined
Gandharva marriage
by custom in any particular community or caste.(Mulla's Hindu Law, 12th Edn., at p. 605), Bhaurao Shankar Laokande v. State of Maharashtra, AIR 1965 SC 1564 (1566): (1965) 2 SCR 837. … This view is based on a total misconception of the leading texts of the Smritis. It may be noted that the essential marriage ceremonies are as much a requisite part of this form of marriage as of
Tender
expression is used in rule 28, means 'tenders to be invited from intending contractors', Ram and Shyam Company v. State of Haryana, AIR 1985 SC 1147 (1156): (1985) 3 SCC 267. (Punjab Minor Mineral Concession Rules, 1964, R. … coins for the payment of an amount not exceeding 1s., but for no greater amount.' Bank of England notes under 3 & 4 Wm. 4, c. 98, including notes for 1l. ad for 10s. issued by the
Misconduct
material documents which throw abundant light on the controversy to help a just and fair decision, K.P. Poulose v. State of Kerala, AIR 1975 SC 1259 (1261): (1975) 2 SCC 236. [Arbitration Act, 1940, s. 30(9)] (ii) If … Bom LR 1596 and Satubha K. Vaghela v. Moosa Raza, 10 Guj LR 23. The High Court has noted the definition of misconduct in Stroud's Judicial Dictionary which runs as under: Misconduct means, misconduct arising from ill
Street
not to be treated only as a lane. Parking place attached to road is also covered, Harpal Singh v. State of Punjab, AIR 1992 P&H 314. [Land Acquisition Act (1 of 1894), ss. 5A, 17; Punjab Municipal Act … s. 2(51)] Includes any way, road, lane, square, court, alley, passage or open space, whether a thoroughfare or note, over which the public have a right of way and also the roadway and footway over any public
Renewal
in its proper and usual sense in connection with a lease, means prolongation of the lease', Gajraj Singh v. State Transport Appellate Tribunal, AIR 1997 SC 412: (1997) 1 SCC 650. A renewal of a lease is really … a 'licence' means 'a new licence granted by way of renewal'. The renewal of a negotiable bill or note is regarded simply as a prolongation of the original contract. The office of a 'renewal', as it is
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