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Scheme
high the promised rate of interest may be in comparison with the agreed rate, State of West Bengal v. Swapan Kumar Guha, AIR 1982 SC 949 (953): (1982) 1 SCC 561: (1982) 3 SCR 121. Means a … Guha, AIR 1982 SC 949 (953): (1982) 1 SCC 561: (1982) 3 SCR 121. Means a scheme inviting subscription to security receipt proposed to be issued by a securitisation company or reconstruction company under that scheme. [Securitisation
Dependant and dependent
grandson, granddaughter, stepson, stepdaughter, brother, sister, half-brother, half-sister. A posthumous illegitimate child can be a dependant, Orrell Colliery v. Schofield, (1909) AC 433. The illegitimate child of a daughter of the workman may be a dependant within … Sutton, (1927) 1 KB 207 and Sholts Iron Co. Ltd. v. Curran, (1929) AC 409. Under s. 2, sub-s. (1) 'when a dependant dies before a claim under this Act is made, or if a claim has
Consideration
inconvenience sustained or suffered by the promisee at the request, express or implied, of the promisor. See Laythoarp v. Bryant, 3 Scott 250; 2 Wms. Saund 137 h; Currie v. Misa, (1875) LR 10 Exch 153. Consideration … contract, as was held in Eastwood v. Kenyon, (1840) 11 A&E 438, after many conflicting decisions on the subject. Other instances of insufficient consideration or absence of consideration maybe found in:' Cooke v. Oxley, (1790) 3 TR
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Bastard
legitimation of the children has always followed the intermarriage of the parents. The mother of a bastard cannot validly contract with another person for the transfer to that person of her rights and liabilities in respect of … Act, 1926 (16 & 17 Geo. 5, c. 60), legitimated a child born out of wedlock upon the subsequent marriage of parents if they were domiciled in England or Wales at the date of marriage. See LEGITIMATION.
Wills
Wills. A will is the valid disposition by a living person, to take effect after his death, of his disposable property. ''But in law … ten days before; that after six months no nuncupative will should be proved, unless the words or their substance had been committed to writing within six days; and that no probate should be granted till after fourteen
Third party
agent, guardian and ward, solicitor and client. See AS AGAINST, AS BETWEEN. As to third-party insurance of motor vehicles; by the (English) Road Traffic Act, 1930 (20 & 21 Geo. 5, c. 43), s. 35, users of … by a defendant who claims contribution or indemnity over against him; see (English) Jud. Act, 1873, s. 24, sub-s. 3 (see now (English) Jud. Act, 1925, s. 39), and R.S.C. 1883, Ord. XVI. A. A person may
Factory
factories, all buildings situate within the same close or curtilage shall be treated as one building. See Mumby v. Valp, (1930) 1 KB 460 (power supplied by third person). The expression 'non-textile factory' means, by the same … many of the powers which only district councils had before. This Act, which codifies the law on the subject up to 1901, must however, be read in conjunction with the legislation since that date; reference should therefore
Costs
victorious defendant; see Garnett v. Bradley, (1878) 3 App Cas 944. In proceedings between the Crown and a subject the general rule is that the Crown neither receives nor pays costs, but thee are many statutory exceptions, … in some particular cases to the party succeeding against his adversary, and these are either interlocutory, given on various motions and proceedings in the course of the suit or action, or final, allowed when the matter is
Partition
a divided title though there has been no division of any properties by metes and bounds, Nani Bali v. Gita Bai Kom Rama Gunge, AIR 1958 SC 706. See also Jalaja Shethi v. Lakshmi Jalaja Shethi, AIR … become absolutely vested in persons of full age in undivided shares (whether or not such shares may be subject to a derivative trust) the trustees for sale may partition the land remaining unsold or any part thereof
Commercial establishment
is carried on, or (b) any work in connection with or incidental or ancillary thereto is carried on. Sub-clause (b) is only ancillary to (a). [Delhi Shops and Establishments Act, 1954, s. 2(5)], Chief Commissioner v. Federation … which clerical and other establish-ments of factories are included is to the Factories Act of 1934, but by virtue of s. 8 of the General Clauses (1987 10 of 1897), it must be construed as a reference
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