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Material alteration

to certainty some provision which was originally unascertained and as such void, or which may otherwise prejudice the party bound by the deed as originally executed, Loonkaran Sethia v. Mr. Ivan E. John, AIR 1977 SC 336

Marshalsea, Court of the

committed within the verge of the Court (twelve miles round the sovereign's residence), where only one of the parties was in the royal service (in which case the inquest was taken by a jury of the country);

Penalty

words are not conclusive; the essence of penalty is a payment stipulated as in terrorem of the offending party: the essence of liquidated damages is a genuine covenanted pre-estimate of loss, Dunlop Co. v. New Garage Co.,

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Pleading

shall contain, and contain only, a statement in a summary form of the material facts on which the party pleading relies; but not the evidence by which they are to be proved,' and 'shall, when necessary, be

Pre-contract

person, such prior agreement was called a pre-contract. It was a canonical impediment to the marriage of either party. The Ecclesiastical Courts would formerly enforce this agreement, by compelling the parties to a public marriage, and if

Proved to the satisfaction of the court

have been intended to empower the court to go into the merits of the allegations set by the party denying or disagreeing with the terms of compromise or agreement, and decide them so that the parties get

Reference

be referred: (1) subject to the right to a jury, for inquiry and report; or (2) where the parties consent, and also without such consent in any cause 'requiring any prolonged examination of documents or accounts or

Release

to create a severance. See Halsbury, L. of E., tit. 'Release.' In consequence of the privity between such parties, a fee-simple will pass without any words of limitation. Tenants in common, however, could not thus release to

Notice of admit

facts; and such agreement often saves trouble and expense, where there is no ground for disputing them. 'Either party may call on the other by notice of admit any document saving all just exceptions, and in case

Lease

on which the legal possession continues with the owner, it is a licence; if under the document a party gets exclusive possession of the property, 'prima facie', he is considered to be a tenant, Associated Hotels of

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