Performance - Law Dictionary Search Results
Home Dictionary Name: performance Page: 3Non-performing asset
Non-performing asset, means an asset or account of a borrower, which has been classified by a bank or financial institution as sub-standard, doubtful or loss asset, in accordance with the directions or under guidelines relating to assets classifications issued by the Reserve Bank. [Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002), s. 2 (1) (o)]...
Performable
Admitting of being performed done or executed practicable...
perform
perform 1 : to adhere to and fulfill the terms of [ an obligation] 2 : to carry out or bring about [ the work according to design] 3 : to do according to prescribed ritual or law [ a marriage ceremony] 4 : to give a public rendition or presentation of [ a copyrighted play] vi 1 : to adhere to and fulfill the terms of a contract, promise, or obligation [failed to under the agreement] 2 : to carry out or present something ...
Regularly performed
Regularly performed, the words regularly per-formed mean done with due regard to form and procedure, AIR 1955 Punj 65 (73). (Evidence Act, 1872, s. 114)...
Impossibility
Impossibility. If a man contract to do a thing which is absolutely impossible by its nature, such contract will not bind him--lex non cogit ad impossibilia, e.g., where the subject-matter has perished before date of contract, or never existed [see (English) Sale of Goods Act, 1893, s. 6; and Conturier v. Hastie, (1852) 8 Ex 43 & HLC 673]; but where the contract operating as a transfer of real property, e.g., as a demise, is to do a thing which is possible in itself, but which becomes impossible, he will be liable for the breach; thus, where a lessee covenants to repair and to leave in repair the demised premises he is not discharged from his liability because they happen to be destroyed [see Bullock v. Dommitt, (1796) 6 TR 650]; or requisitioned by the military, Whitehall Court Ltd. v. Etlinger, (1920) 1 KB 680.The non-performance of a contract which arises from an act of the law having rendered performance impossible is excused, see Baily v. De Crespigny, (1869) LR 4 QB 180; Re Shipto...
Misconduct
Misconduct, is a relative term. It has to be considered with reference to the subject-matter and the context wherein such term occurs. It literally means wrong conduct or improper conduct, R.D. Saxena v. Balram Prasad Sharma, (2000) 7 SCC 264.Misconduct, means 'A transgression of some established and definite rule of action, a forbidden act, a dereliction from duty, unlawful behaviour, wilful in character, improper or wrong behaviour; its synonyms are misdemeanour, misdeed, misbehaviour, delinquency, impropriety, mismanagement, offence, but not negligence or carelessness, (Black's Law Dictionary), N.G. Dastane v. Shrikant S. Shivde, (2001) 6 SCC 135.The word 'misconduct' is not capable of precise definition, but at the same time though incapable of precise definition, the word 'misconduct' on reflection receives its connotation from the context, the delinquency in performance and its effect on the discipline and the nature of duty. The act complained of must bear a forbidden quality or...
breach
breach 1 a : a violation in the performance of or a failure to perform an obligation created by a promise, duty, or law without excuse or justification breach of duty : a breach of a duty esp. by a fiduciary (as an agent or corporate officer) in carrying out the functions of his or her position breach of trust : a breach by a trustee of the terms of a trust (as by stealing from or carelessly mishandling the funds) breach of warranty : a breach by a seller of the terms of a warranty (as by the failure of the goods to conform to the seller's description or by a defect in title) NOTE: A seller may be liable for a breach of warranty even without any negligence or misconduct. b : failure without excuse or justification to fulfill one's obligations under a contract called also breach of contract compare repudiation an·tic·i·pa·to·ry breach : a breach of contract that occurs as a result of a party's anticipatory repudiation of the contract ef·fi·c...
obligation
obligation 1 : a promise, acknowledgment, or agreement (as a contract) that binds one to a specific performance (as payment) ;also : the binding power of such an agreement or indication [held that the amendment did not unconstitutionally impair the s of contracts "Davis v. American Family Mut. Ins. Co., 521 N.W.2d 366 (1994)"] 2 : a debt security (as a corporate or government bond) see also collateralized mortgage obligation 3 : what one is obligated to do, satisfy, or fulfill: as a : a commitment to pay a particular amount of money [does not create a debt, liability, or other , legal or moral "State v. Florida Dev. Fin. Corp., 650 So. 2d 14 (1995)"] ;also : an amount owed in such a commitment b : a duty arising from law, contract, or morality [had a legal as an employer] [a contractual ] 4 in the civil law of Louisiana : a relationship that binds one party to a performance (as a payment or transfer) or nonperformance for another party see also contract, offense, quasi-offen...
Entertainment
Entertainment, In Stroud's Judicial Dictionary (4th Edn., Vol. 2, p. 916) the word 'entertainment' has been defined thus:Entertainment ..... for a public or special occasion ...... is an entertainment in the sense of a gathering of persons for entertainment.Entertainment (Small Lotteries and Gaming Act, 1956) c. 45, s. 4(1) included a tombola drive alone without accompanying festivities.The monologue or patter of a comedian, even if delivered at an entertainment provided by an institution whose activities are parly educational, was held to be a variety 'entertainment' within the meaning of the section.Similarly in Words and Phrases, Judicially Defined (Vol. 2, pp. 206- 207) the word entertainment has been defined thus:Entertainment is something connected with the enjoyment of refreshment-rooms, tables, and the like. It is something beyond refreshment; it is the accommodation provided, whether that includes a musical or other amusement or not.Similarly in Words and Phrases (Permanent Ed...
contract
contract [Latin contractus from contrahere to draw together, enter into (a relationship or agreement), from com- with, together + trahere to draw] 1 : an agreement between two or more parties that creates in each party a duty to do or not do something and a right to performance of the other's duty or a remedy for the breach of the other's duty ;also : a document embodying such an agreement see also accept, bargain, breach, cause, consent, consideration, duty, meeting of the minds, obligation, offer, performance, promise, rescind, social contract, subcontract Uniform Commercial Code in the Important Laws section NOTE: Contracts must be made by parties with the necessary capacity (as age or mental soundness) and must have a lawful, not criminal, object. Except in Louisiana, a valid contract also requires consideration, mutuality of obligations, and a meeting of the minds. In Louisiana, a valid contract requires the consent of the parties and a cause for the contract in addition to c...
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