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Actio personalis moritur cum persona.
been applied to actions arising out of contracts of a purely personal nature, e.g., promise to marry, Finley v. Chirney, (1880) 20 QBD 494, or to write a book or paint a picture, See Leake on Contracts; … to be within one year after death), and by the Fatal Accidents Act, 1846 (Lord Campbell's Act) (q.v. sub-tit. CAMPBELL'S (LORD) ACT), as to negligence causing death (action to be brought within 12 months after death); and
Reason to believe
subjective satisfaction. The belief must be held in good faith; it cannot be merely a pretence, S. Narayanappa v. CIT, Bangalore, AIR 1967 SC 523: (1967) 65 ITR 219: 1967 1 SCJ 161. Reason to believe, does … Reason to believe, does not mean a purely subjective satisfaction. The belief must be held in good faith; it cannot be merely a pretence, S. Narayanappa v.
Impracticability
but owing to certain practical difficulties or other reasons it is incapable of being performed, Major Radha Krishan v. Union of India, AIR 1996 SC 3091 (3093): (1996) 3 SCC 507. The meaning of the term 'impracticable' … of India, AIR 1996 SC 3091 (3093): (1996) 3 SCC 507. The meaning of the term 'impracticable' in sub-rule (2) of Rule 14. In Major Radha Krishan case ((1996) 3 SCC 507: 1996 SCC (L&S) 761.) the
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Joint-tenancy
give a title to the whole estate without the concurrence of other parties. that legal estate has been vested in trustees for sale as joint-tenants in the following cases, in joint-tenancy, estates in common or undivided shares, … law, and the estate must vest in them at one and the same time; for a joint-tenancy must subsist ab initio; an estate cannot become a joint-tenancy by the happening of any circumstances ex post facto. Upon
Working journalist
construed in the light of and subject to the context requiring otherwise, Bennett Coleman and Co. (P) Ltd. v. Punya Priya Das Gupta, AIR 1970 SC 426: (1969) 2 SCC 1: (1970) 1 SCR 181. [Working Journalists … definitions of a 'newspaper employee' and a 'working journalist' have to be construed in the light of and subject to the context requiring otherwise, Bennett Coleman and Co. (P) Ltd. v. Punya Priya Das Gupta, AIR 1970
Tithe Rent-Charge
adjusted, according to the price of corn. The commutation was effected in one of two ways-either by a voluntary parochial agreement, con-firmed by the commissioners, or by the compulsory award of the commissioners. The value, either voluntarily … Tithe Rent-Charge. A charge on land, substituted by commutation for that charge on the produce of the land for the benefit of the Church, which
Under-lease
the original lease. An under-lease for the whole term of the original lease amounts to an assignment, Beardman v. Wilson, (1868) LR 4 CP 57. Between the original lessor and an under-tenant there is neither privity of … Under-lease, a grant by a lessee to another, called under-lessee, or under-tenant, or sub-lessee, or sub-tenant, of a part of his whole interest under the original lease, reserving to himself a reversion;
Limitation of actions and prosecutions
Limitation of actions and prosecutions. By various statutes, of which the first was 21 Jac. 1, c. 16, the (English) Limitation Act, 1623, and the … free to enforce his claims by other means which may be still available, such as enforcing a lien, subsequent acknowledgment by the debtor or appropriation of payments, but not by way of set-off (9 Geo. 4, c.
Intermediary
right holder is a proprietor, therefore included within the meaning of intermediary under the Act, Union of India v. Nihar Kanta Sen, AIR 1987 SC 1713: (1987) 3 SCC 465 (472): (1987) 2 SCR 1108. [W.B. Estates … SCC 465 (472): (1987) 2 SCR 1108. [W.B. Estates Acquisition Act, 1953, s. 2(i)] Intermediary means a stockbroker, sub-broker, share transfer agent, banker to an issue, trustee to a trust deed, registrar to an issue, merchant banker,
Criminal contempt
is a material point in favour of a person alleged to be in contempt, Thakur Jugal Kishore Singh v. Sitamarhi Central Co.-op. Bank Ltd., AIR 1967 SC 1494 (1497): (1967) 3 SCC 163. [Contempt of Courts Act, … of justice in any other manner; It is noteworthy, that in the categorisation of contempt in the three sub-clauses (i) to (iii), only category (ii) refers to 'judicial proceeding. Scandalising of court in its administrative capacity will
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