Occasions - Law Dictionary Search Results
Home Dictionary Name: occasionsSpecial occasions
Special occasions, the occasion must be special from the point of view of the broad considerations of national solemnity, public order, homage to national figures, the likelihood of eruption of inebriate violence on certain days on account of melas, festivals or frenzied situations or periods of tension. 'Special occasions' cannot be equated with fanciful occasions but such as promote the policy of the statue, P.N. Kaushal v. Union of India, AIR 1978 SC 1457: (1978) 3 SCC 558: (1979) 1 SCR 122....
Occasion 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)]...
Occasions
Occasions, 'occasion' does not necessarily mean to cause or to immediately cause; it also means to 'bring about especially in an incidental or subsidiary manner', Coffee Board v. Joint Commercial Tax Officer, AIR 1971 SC 870. [Constitution of India Act, 286(1)(b)]The expression 'occasions' means the immediate and direct cause, Mod. Serajuddin v. State of Orissa, (1975) 2 SCC 47: AIR 1975 SC 1564 (1573). [Central Sales Tax Act, 1956, s. 5(1)]...
On the occasion of
On the occasion of, is not equivalent to 'on the same date as'. An 'occasion is not a period of 24 hours.' If we say that a man took out an insurance policy on the occasion of his marriage we do not mean 'on the day of his marriage' but rather 'at or about the time of his marriage' with the implication that the coincidence in time was designed and not accidental, Ideal Life Assurance Co. Ltd. v. Hirschfield etc., (1943) 1 KB 442....
Occasioned by or in consequence of
Occasioned by or in consequence of, imply directly occasioned by or the direct consequence of, Walker v. London and Provincial Insurance Co., (1888) 22 LR Ir 572; Burrow's Words & Phrases....
Occasions export
Occasions export, where the sale was not directly and substantially connected with export, and where between the seller and ultimate buyers intermediaries were involved, such a sale would not occasion any export, Manganese Ore (India) Ltd. v. Regional Assistant Commissioner of Sales Tax, AIR 1976 SC 410 (412). [Central Sales Tax Act, 1956, s. 5(1)]...
Accident occasioned by negligence
Accident occasioned by negligence. As to the recovery of damages for injuries in such cases, see NEGLIGENCE. As to the rights of wife, husband, parent or child of person killed in such an accident, see CAMPBELL'S (LORD) ACT. Any adopted or illegitimate person is included in the expression 'parent or child' for the purposes of the Law Reform (Miscellaneous Provisions) Act, 1934 (24 & 25 Geo. 5, c. 41).In Criminal Law a result is said to be accidental when caused unintentionally and in such circumstances that a person of ordinary prudence would not have taken precautions to prevent its occurrence.In policies of insurance against accident the meaning of 'accident' depends on the context, but includes results brought about by the negligence of the assured and other persons. See Macgillivray on Insurance Law; Re Scarr, 1905 (1) KB 387....
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...
Demurrage
Demurrage, a term used in commercial navigation, signifying on allowance made to the owners of a ship by the freighter, for detaining her in port longer than the period agreed upon for her sailing. It is usually stipulated in charter-parties and bills of lading, that a certain number of days, called running or working or lay days, shall be allowed for receiving or discharging the cargo, and that the freighter may detain the vessel for a further specified time, or as long as he pleases, on payment of so much per diem for such overtime. When the contract of affreightment expressly stipulates that so many days shall be allowed for discharging or receiving the cargo, and so many more for overtime or demurrage days, such limitation is interpreted as an express stipulation on the part of the freighter that the vessel shall in no event be detained longer; if detained the charterer, is liable for damages for breach of contract for which the rate of demurrage is generally the measure. This hold...
Libel
Libel [fr. libellus, Lat.; libelle, Fr.]. False defamatory words, if written and published, constitute a libel: Odgers on libel, p. 1. 'Everything printed or written, which reflects on the character of another, and is published without lawful justification or excuse, is a libel whatever the intention may have been', O'Brien v. Clement, (1846) 15 M & W 435, per Parke, B. A statement in a talking film is a libel and not merely a slander, Yossopoff v. Metro-Goldwyn-Mayer Picture Corporation, 78 Sol Jo 617. As to publication by dictation, etc., to a typist, see Osborn v. Boulter & Son, (1930) 2 KB 226. All contumelious matter that tends to degrade a man in the opinion of his neighbours, or to make him ridiculous, will amount (when conveyed in writing, or by picture, effigy, or the like, Monson v. Tussauds, Ltd., (1894)1 QB 671, to libel. A writing of fictitious character which incidentally contains the name of a real person may be a libel: see Jones v. Hulton & Co., 1910 AC 20, where Lord ...
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