Particular - Law Dictionary Search Results
Home Dictionary Name: particularParticulars
Particulars. The courts have a general jurisdiction, independently of statute, to order a detailed statement of the demand in any litigation, or of any defence, to be given that surprise may be avoided, and substantial justice promoted, 2 Chit. Arch. Prac. The necessity for application for particulars has become less frequent since the Judicature Acts, as the Rules of Court under those Acts have substituted a statement of claim containing the material facts on which the plaintiff relied for the declaration under the old practice, which only contained a legal statement of the plaintiff's cause of action.It is provided, however by (English) R.S.C., Ord. XIX, R. 7, that:-A further and better statement of the nature of the claim or defence, or further and better particulars of any matter stated in any pleading, notice, or written proceeding requiring particulars, may in all cases be ordered, upon such terms, as to costs and otherwise, as may be just;and see the Index to the Annual Practice...
Material facts and material particulars
Material facts and material particulars, all those facts which are essential to clothe the petitioner with a complete cause of action, are 'material facts' which must be pleaded, and failure to plead even a single material fact amounts to disobedience of the mandate of s. 83(1)(a) of Representation of the People Act. 'Particulars', on the other hand, are 'the details of the case set up by the party'. 'Material particulars' within contemplation of cl. (b) of s. 83(1) of RPA, 1951 would therefore mean all the details which are necessary to amplify, refine and embellish the material facts already pleaded in the petition in compliance with the requirements of cl. (a), Shri Udhav Singh v. Madhav Rao Scindia, AIR 1976 SC 744: (1977) 1 SCC 511: (1976) 2 SCR 246.Distinction between 'material facts' and 'particulars'. The word 'material' in material facts under s. 83 of the Act means facts necessary for the purpose of formulating a complete cause of action; and if any one 'material' fact is omi...
Particular
Particular, the expression 'particular' means 'peculiar or pertaining to a specified person-thing-time or place-not common or general'. The meaning of the word particular in relation to law means separate or special, limited or specific, T.C. Yadav v. State of Haryana, (1990) 2 SCC 189 (194)....
In any particular case
In any particular case, The word 'case' in ordinary usage means event', 'happening', 'situation', 'circumstances. The expression 'case' in legal sense means 'a case', 'suit', or 'proceeding in court or tribunal'. Having regard to these meanings the expression 'in any particular case' would mean, a particular or pertaining to an event, situation or circumstance, J.C. Yadav v. State of Haryana, AIR 1990 SC 857: (1990) 2 SCC 189: (1990) 1 SCR 470....
Particularize
To give as a particular or as the particulars to mention particularly to give the particulars of to enumerate or specify in detail...
Particulars of sale
Particulars of sale, description of property offered for sale by auction. The property should be described with as much minuteness and accuracy as possible. It is the duty of a vendor to make himself duly acquainted with the peculiarities and incidents of the property he is going to sell; and when he describes it for the information of the purchaser to describe everything material to be known in order to judge of its nature and value, and on the sale of a partial interest, any substantial variation from the description will even at law render the contract voidable, see Flight v. Booth, (1834) 1 Bing NC 77, per Tindal, C.J. If there be anything connected with the property important to be known which cannot be discerned or may be misapprehended by ocular inspection, it ought to be stated in the particulars: see Dav. Prec. Conv. Vol. i. On the sale of property of any considerable size the particulars are usually accompanied by a plan. In sales by auction the conditions of sale are general...
In particular
In particular, the words 'in particular' indicate that restrictions imposed on the fundamental rights guaranteed by Article 19(1) (g) which are reasonable and which are in the interests of the general public, are saved by Article 19(6) as it originally stood, the subject-matter covered by the said provision being justiciable, Akadasi v. State of Orissa, AIR 1963 SC 1047 (1054). [Constitution of India, Article 19(1) (g)]...
Particular tenants, Alienation by
Particular tenants, Alienation by, when they con-veyed by a feoffment, fine, or recovery, a greater estate that the law entitled them to make a forfeiture ensued to the person in immediate remainder or reversion. As if a tenant for his own life alienated by feoffment for the life of another or in tail or in fee, these being estate which either must or may last longer than his own, his creating them was not only beyond his power, and inconsistent with the nature of his interest, but was also a forfeiture of his own particular estate to him in remainder or reversion, who was entitled to enter immediately.Fines and recoveries having been abolished and a feoffment having no longer a tortious operation (English) (Real Property Act, 1845, s. 4), a tenant, by creating a larger interest than he has in the property, did not after the passing of that Act incur a forfeiture, for such a creation was then void as to the excess, and good for his own interest, Steph. Com. 7th Edn. 463. The (English) ...
legacy under particular title
legacy under particular title :particular legacy at legacy ...
On a particular date
On a particular date, the expression 'on a particular date' means that a person required to quit can remain in occupation till the midnight of the day if he so desires, AIR 1952 Ass 132. (T.P. Act, 1882, s. 106)...
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