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Fair trial

its principles in substance, to find out the truth and prevent miscarriage of justice, Zahira Habibulla H. Sheikh v. State of Gujarat, (2004) 4 SCC 158 (187). (Constitution of India, Art. 21). A trial by an impartial

Office

a place of business, especially for clerical or administrative work, Goa Urban Co-op. Bank Ltd. v. Noor Mohd. Sheikh Mussa, AIR 2004 SC 3886. Office, is defined as 'a room, set of rooms, or building where the … the best and most lawful men, and sufficient to their estimation and knowledge. Officia magistratus non debent esse venalia, (The offices of a magistrate ought not to be saleable.) Lord Coke (Co. Litt. 234 a) speaks of

Warehouse

rent, Law Lexicon of British India, 1940 Edn. See also Goa Urban Co-op. Bank Ltd. v. Noor Mohd. Sheikh Mussa, (2004) 6 SCC 166. Means a building where wares or goods are stored, as before being distributed … are not immediately wanted for sale, Stroud's Judicial Dictionary, 3rd Edn. See also Goa Urban Co-op. Bank Ltd. v. Noor Mohd. Shikh Mussa, (2004) 6 SCC 166. Warehouse, is properly speaking a building used for the purpose

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Public policy

change and make a commercial practice expedient which was formerly mischievous to commerce, Mafizuddin Khan Choudhry v. Habibundin Sheikh, AIR 1951 Cal 336. It is a body of law like the common law, which has grown up … the public interest. Expression does not admit of precise definition. Concept of 'public policy' is considered to be vague, susceptible to narrow or wider meaning depending upon the content in which it is used, Oil and Natural

Marz-ool-maut

Sarabhai v. Rabiabai, 30 Bom 537; Mohammad Mashud Hasan Khan v. Mohammad Anwar Husain Kehan, 6 ALJ 503; Sheikh Mohammad v. Khudija Bibi, 12 ALJ 132. Marz-ul-maut, a gift. For a gift to be declared invalid owing … affected with the disease an apprehension of death. A person labouring under such a disease cannot make a valid gift of the whole of his property until a year has elapsed, from the time he was first

Town

people in a comparatively small area, engagement of a bulk of the population in non-agricultural activities, Baliat Sheikh v. State of West Bengal, AIR 1952 Cal 753; State v. Jagdish B. Rao, AIR 1970 Goa, Daman and

Surety bond

have to remain in custody so that the trial may proceed smoothly, State of Maharashtra v. Dadamiya Babumiya Sheikh, AIR 1971 SC 1722 (1724): (1972) 3 SCC 85. In the case of fidelity guarantees the security is … contract and it is a question as to how far its terms can be considered to have been varied by any unilateral act. Each bond has to be construed on its own terms. But in construing the

Intent and knowledge

the knowledge of likelihood of death and the common intention is with regard to the criminal act, Afrahim Sheikh v. State of West Bengal, AIR 1964 SC 1263 (1268): (1964) 6 SCR 172. … of positive mental attitude and this mental condition is the special mens rea necessary for the offence, Jayaraj v. State of Tamil Nadu, AIR 1976 SC 1519 (1524): (1976) 2 SCC 788. Knowledge in s. 304, Indian

Any prohibition

, prohibition. In other words all types of prohibitions. Restrition is one type of prohibition, Sheikh Mohd Omer v. Collector of Customs, AIR 1971 SC 293 (295): (1970) 2 SCC 728. [Customs Act, 1962, s. 111(d)]

In order to

mean with the purpose of. Whether or not the purpose was actually accomplished is quite irrelevant, Matiullah Sheikh v. State of West Bengal, AIR 1965 SC 132 (133): (1964) 6 SCR 978. (Indian Penal Code, s. 449)

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