Occasion Arises - Law Dictionary Search Results
Home Dictionary Name: occasion arisesOccasion arises
Occasion arises, the mere existence of factions and the coming into being of a protracted state of what may be called cold war between factions would be an 'occasion' when the cold war becomes or threatens to become a hot war that would certainly be an 'occasion', Public Prosecutor v. K.G. Sivaswamy, AIR 1954 Mad 249 (252). [Police Act, 1861, s. 30(1)]...
Hague conference
Hague conference. A conference of representatives of different States to consider the question of international peace and kindred subjects. So called because the place of meeting has been The Hague in South Holland (Netherlands). The first Hague Conference was the outcome of a circular letter of the Czar of Russia handed to all the foreign representatives accredited to the Court of St. Petersburg on the 24th August, 1898, and as a result the first Peace Conference met on 18th May, 1899. This conference brought about the creation of a Permanent Court of Arbitration, and each of the Powers signing the Hague Arbitration Convention could appoint four persons, who constituted a panel or general list of arbitrators from which as occasion arises selection can be made. The Hague Arbitration Court has dealt with complicated international disputes. A second Peace Conference met at the Hague on 18th June, 1907. Consult Higgins, Hague Conference.Means the convention on the service Abroad of Judici...
Toties quoties
Toties quoties (as often as occasion shall arise)....
Decorum
Propriety of manner or conduct grace arising from suitableness of speech and behavior to ones own character or to the place and occasion decency of conduct seemliness that which is seemly or suitable...
Mistake
Mistake, misconception, error.Money paid under a mistake of a material fact, as where a person discounts a forged bill, is recoverable (though a banker paying the forged cheque of a customer cannot charge the customer with the loss), and see Jones & Co. v. aring & Gillow Ltd., 1926 AC 670; but money paid under a mistake of law is ordinarily not recoverable, Holt v. Markham, (1923) 1 KB 504, though there is an exception in the case where an officer of a Court or a trustee in bankruptcy has received the money [Ex P. Simmonds, (1885) 16 QBD 308]. A contract is not voidable because it was caused by a mistake as to any law in force in India; but a mistake as to a law in force in India has the same effect as a mistake of fact. (The Indian Contract Act, 1872, s. 21)It is a common condition of the sale of land that any error or misdescription shall not vitiate the sale, and mayor may not be made the subject of compensation, and this condition applies whether an error complained of was discover...
Thereafter
Thereafter, is merely indicative of the sequence of the second obligation to deposit the future rents; it is certainly not suggestive of the fact that if the first obligation for any reason cannot be complied with then the occasion to comply with the second obligation does not arise or that it automatically comes to an end. It would be unthinkable that could be the intention of legislature, Jamnalal v. Radheshyam, (2000) 4 SCC 380.Means after the list is finalized on the completion of revision of valuation and assessment, New Delhi Municipal Committee v. LIC, AIR 1977 SC 2134: 1977 (4) SCC 84.The word thereafter' means 'after the list is finalised and 'duly made' evidently refers to the exercise of the amending power u/s. 67, New Delhi Municipal Committee v. Life Insurance Corporation of India, AIR 1977 SC 2134: (1977) 4 SCC 84: (1978) SCR 279....
Cause of action
Cause of action, a cause of action is a bundle of facts which are required to be pleaded and proved for the purpose of obtaining relief claimed in the suit. For the aforementioned purpose, the material facts are required to be stated but not the evidence except in certain cases where the pleading relied on any misrepresentation, fraud, breach of trust, wilful default or undue influence, Liverpool & London S.P. & I Assocn. v. M.V. Sea Success, (2004) 9 SCC 512 (562). [Civil Procedure Code, 1908, O. 7, R. 11(9)]--It is only that court in whose jurisdiction the 'cause of action' did arise will have Jurisdiction to entertain an application either under section 9 or under section 11 of the Act (Arbitration and Conciliation Act, 1996); Indian Iron and Steel Company Ltd. Kolkata v. Tiwari Roadlines, Hyderabad, AIR 2006 AP 1.Means every fact which it is necessary to establish to support a right to obtain a judgment, Prem Chand Vijay Kumar v. Yashpal Singh, (2005) 4 SCC 417.Is a bundle of facts...
Collision of ships
Collision of ships, the striking or running foul of one ship against another. The remedy is either an action at law or a suit in the Admiralty Division. The possibilities under which a collision may occur, and the rules acted on by the Court of Admiralty, have been thus stated by Lord Stowell in The Woodrop-Sims, (1815) 2 Dodson, 85:-'In the first place, it may happen without blame being imputable to either party: as where the loss is occasioned by a storm or any other vis major, in that case the misfortune must be borne by the party on whom it happens to light, the other not being responsible to him in any degree. Secondly, a misfortune of this kind may arise where both parties are to blame, where there has been a want of due diligence or of skill on both sides: in such a case, the rule of law is, that the loss must be apportioned between them, as having been occasioned by the fault of both of them. Thirdly, it may happen by the misconduct of the suffering party only, and then the rul...
Sessions of the peace
Sessions of the peace, sittings of justices of the peace for the execution of those powers which are confided to them by their commission, or by charter, and by numerous statutes. They are of three descriptions:-I. Petty Sessions.--Metropolitan Police magistrates can act alone (see that title), with that exception, every meeting of two or more justices in the same place, for the execution of some power vested in them by law, whether had on their own mere motion, or on the requisition of any party entitled to require their attendance in discharge of some duty, is a petty or petit session. The occasions for holding petty sessions are very numerous, amongst the most important of which is the bailing persons accused of felony, which may be done after a full hearing of evidence on both sides, where the presumption of guilt shall either be weak in itself, or weakened by the proofs adduced on behalf of the prisoner. See PETTY SESSIONS.As to right of the public to attend petty sessions, see OP...
Continuing offence
Continuing offence, means type of crime which is committed over a span of time, Gokal Patel Volkart Ltd. v. Dundoyya Guru Shiddaiah Hiremath, (1991) 2 SCC 141 (145). [Criminal Procedure Code, 1973, s. 472 and 468(2)(a)]A continuing offence is one which is susceptible of continuance and is distinguishable from the one which is committed once and for all. It is one of those offences which arises out of a failure to obey or comply with a rule or its requirement and which involves a penalty, the liability for which continues until the rule or its requirement is obeyed or complied with. On every occasion that such disobedience or non-compliance occurs and reoccurs, there is the offence committed. The distinction between the two kinds of offences is between an act or omission which constitutes an offence once and for all and an act or omission which continues, and therefore, constitutes a fresh offence every time or occasion on which it continues, State of Bihar v. Deokaran Nenshi, (1972) 2 ...
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