Omission - Law Dictionary Search Results
Home Dictionary Name: omissionOmission
Omission, is a colourless word which merely refers to the not doing of something and if the assessee does not make a return, it is an omission on his part, AIR 1956 Bom 557 (558). [Income Tax Act, 1922, s. 34(1)]The word 'omission' denotes as well a series of omissions as a single omission. (Indian Penal Code, s. 33)Means an accidental slip occurs when something is wrongly put in by accident, omission occurs when something is left out by accident, Sutherland & Co. v. Honnering Bros. Ltd., (1921) 1 KB 336.To perform a duty involves the idea that the person to act is aware that performance is required or needful, London & S.W. Ry v. Flower, 45 LJ CP 54...
Act, omission
Act, omission, the word 'act' denotes as well a series of acts as a single act: the word 'omission' denotes as well a series of omissions as a single omission. (Penal Code, 1860, s. 33)...
Act or Omission
Act or Omission, an 'act or omission' need not necessarily be criminal; it may even include acts or omissions which are commercially unsound or unwise, K. Joseph Augushti v. Narayanan, (1964 7 SCR 137: AIR 1964 SC 1552 (1556). [Banking Companies Act, 1949 (10 of 1949), s. 45-G]...
Any act or omission which constitutes any offence under this Act
Any act or omission which constitutes any offence under this Act, the expression 'Any act or omission which constitutes any offence under this Act' in s. 56 of the Act, merely imports the idea that the same act or omission might constitute an offence under another law and could be tried under such other law or laws also, State of Bihar v. Murad Ali Khan, (1988) 4 SCC 655 (665): AIR 1989 SC 1. [Wild Life (Protection) Act, 1972, s. 56]...
Acts and omissions
Acts and omissions, The words 'acts and omission' contemplated by Rule 4 of the Discipline and Appeal Rules have to be understood in the context of the All India Services (Conduct) Rules, 1954 ('Conduct Rules' for short). The Government has prescribed by Conduct Rules a code of conduct for the members of All India Services, Union of India v. J. Ahmed,'AIR 1979 SC 1022: (1979) 3 SCR 504: (1979) 2 SCC 286....
omission
omission 1 : something neglected, left out, or left undone 2 : the act, fact, or state of leaving something out or failing to do something esp. that is required by duty, procedure, or law [liable for a criminal act or ] ...
Official duty
Official duty, implies that the act or omission must have been done by the public servant in the course of his service and that it should have been in discharge of his duty, B. Saha v. M.S. Kochar, (1979) 4 SCC 177: 1979 SCC (Cri) 939.The use of the expression 'official duty' implies that the act or omission must have been done by the public servant in the course of his service and that it should have been in discharge of his duty. The section does not extend its protective cover to every act or omission done by a public servant in service but restricts its scope of operation to only those acts or omissions which are done by a public servant in discharge of official duty, S.K. Zutshi v. Bimal Debnath, (2004) 8 SCC 31(38); see also State of Orissa v. Ganesh Chandra Jain, (2004) 8 SCC 40. (Cr. P.C., 1973, s. 197)It implies that the act or omission must have been done by the public servant in the course of his service and that it should fall within scope of range of his official duty, Rak...
Negligence
Negligence, acting carelessly, a question of law or fact or of mixed fact and law, depending entirely upon the nature of a duty, which the person charged with negligence has failed to comply with or perform in the particular circumstance of each case. A very convenient classification has been formulated corresponding to the degree of negligence entailing liability measured by the degree of care undertaken or required in each case, i.e., (1) ordinary, which is the want of ordinary diligence; (2) slight, the want of great diligence; and (3) gross, the want of slight diligence. A smaller degree of negligence will render a person liable for injury to infants than in the case of adults, see Cooke v. Midland Great Western Railway, 1909 AC 229; and Glasgow Corporation v. Taylor, (1922) 1 AC 44. There is also a peculiar duty to take precaution in the case of dangerous Articles, see Dominion Natural Gas Co. v. Collins, 1909 AC 640. This case should be distinguished from the principle in Fletche...
Modification
Modification, includes additions, omissions and amendments and related expressions shall be construed accordingly. An 'addition' or 'omission', not amounting to or requiring an amendment will be a modification, Aon Trust Corpn. v. KPMG, (2005) 1 WLR (Ch). [See (English) Pension Schemes Act, 1993, s. 181; (English) Pension Act, 1995, ss. 56(2)(a), 60, 67, 75]Modification, the term usually applied to the decree of the Teind Court, awarding a suitable stipend to the minister of a parish, Bell's Scots LawDict.The court must give the widest effect to the meaning of the word 'modification' used in Article 370(1) and in that sense it includes an amendment. There is no reason to limit the word 'modifications' as used in Article 370(1) only to such modifications as do not make any 'radical transformation', Puranlal Lakhanpal v. President of India, AIR 1961 SC 1519 (1520): (1962) 1 SCR 688. [Constitution of India, Art. 370 (1) (d)]Modify' and 'modification' have been defined in s. 2(29) of the C...
Nuisance
Nuisance [fr. nuire, Fr., to hurt], something noxious of offensive. Any unauthorised act which, without direct physical interference, materially impairs the use and enjoyment by another of his property, or prejudicially affects his health, comfort, or convenience, is a nuisance.Nuisance may be distinguished from negligence in that nuisance is an act or omission causing injury, the injury itself giving rise to an action for damages, while a person suffering from damage due to negligence must prove that the damage was caused by some want of care, according to its degree which was required in the particular circumstances of the case. Actions against persons or public undertakings for damage under statutory powers are generally founded on negligence. Where the actual method of exercising the power creating a nuisance is indicated by the statute negligence in the authorised method may be actionable. The onus appears to be on a defendant pleading that the nuisance was inevitable and compulso...
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