Performance - Law Dictionary Search Results
Home Dictionary Name: performance Page: 5 Page 5 of about 950 results (0.004 seconds)impracticability
impracticability 1 : the state of being impracticable 2 : a doctrine in contract law: relief from obligations under a contract may be granted when performance has been rendered excessively difficult, expensive, or harmful by an unforeseen contingency ;also : a defense to breach of contract on the ground that it has been rendered impracticable called also commercial impracticability impracticability of performance compare frustration impossibility of performance at impossibility NOTE: Under section 2-615 of the Uniform Commercial Code, the impracticability must arise “by the occurrence of contingency the non-occurrence of which was a basic assumption on which the contract was made” or by compliance with the law. 3 : excessive difficulty in carrying out a procedure (as joinder) ...
impossibility
impossibility pl: -ties 1 : the quality or state of being impossible ;also : the affirmative defense that something (as performance) is impossible 2 : something impossible 3 : impossibility of performance in this entry fac·tu·al impossibility : impossibility based on factual circumstances ;specif : a partial defense to criminal liability based on the incompletion of an intended criminal act NOTE: Factual impossibility is not a complete defense and does allow prosecution for attempt or for another inchoate offense. For example, if the defendant constructed a bomb that failed to explode, factual impossibility would be a defense against murder charges, but not attempted murder. impossibility of per·for·mance 1 : a doctrine in contract law that a party may be released from liability for breach of contract for failing to perform an obligation that is rendered impossible by uncontrollable circumstances (as death or failure of the means of delivery) 2 : a defe...
administrator
administrator 1 : a person appointed by a probate court to manage the distribution of the assets in the estate of a person who has died without leaving a valid will or leaving a will that does not name an executor able or willing to perform see also administratrix letters of administration at letter compare executor, personal representative administrator ad litem : an administrator appointed to represent an estate that is a necessary party to a lawsuit administrator cum testamento annexo : administrator with the will annexed in this entry administrator de bo·nis non [-dē-bō-nis-nÄ n, -dā-bō-nis-nōn] : an administrator appointed to administer the remaining assets in the estate when the preceding administrator or executor can or will no longer perform administrator pen·den·te li·te [-pen-den-tē-lī-tē, -pen-den-tā-lē-tā] : special administrator in this entry administrator with the will annexed : an ...
Competent authority
Competent authority, means (i) the speaker in the case of the House of the people or the legislative Assembly of a State or a Union Territory having such Assembly and the Chairman in case of the council of Staff or legislative Council of a State (ii) Chief Justice of India in case of Supreme Court, (iii) Chief Justice of the High Court in the case of the High Court (iv) the President or the Governor, as the case may be, in the case of other authorities established or constituted by or under the Constitution, (v) the administrator appointed under Article 239 of the Constitution. [Right to Information Act, 2005 (22 of 2005) s. 2(e)]Means any authority authorised by the Central Government by notification in the Official Gazette to perform all or any of the functions of the competent authority under this Act. [Child Labour (Prohibition and Regulation) Act, 1986 (61 of 1986), s. 2 (d)]Means, in relation to the United Kingdom, the CAA, and in relation to any other country the authority respo...
Misconduct in office
Misconduct in office, has been defined as any unlawful behaviour by a public office in relation to the duties of his office, willful in character. Terms embraces acts which the office holder had no right to perform, acts performed improperly and failure to act in the face of an affirmative duty to act, Chairman & M.D. Bharat Petrol Corporation Ltd. v. T.K. Raju, (2006) 3 SCC 143: (2006) 2 JT 624: (2006) 2 SCALE 553: (2006) 2 Supreme 369: (2006) 2 SLT 712: (2006) 3 SCJ 30: (2006) 4 SCJD 302: (2006) 3 SRJ 515: (2006) 2 LLJ 113: (2006) 109 FLR 232: (2006) 3 SLR 220: (2006) 2 SLJ 470.Misconduct in office, means 'any unlawful behavi-our by a public officer in relation to the duties of his office, willful in character. Term embraces acts which the officer holder had no right to perform, acts performed improperly, and failure to act in the face of an affirmative duty to act, Black's Law Dictionary, 7th Edn., p. 999....
writ
writ [Old English, something written] 1 : a letter that was issued in the name of the English monarch from Anglo-Saxon times to declare his grants, wishes, and commands 2 : an order or mandatory process in writing issued in the name of the sovereign or of a court or judicial officer commanding the person to whom it is directed to perform or refrain from performing a specified act NOTE: The writ was a vital official instrument in the old common law of England. A plaintiff commenced a suit at law by choosing the proper form of action and obtaining a writ appropriate to the remedy sought; its issuance forced the defendant to comply or to appear in court and defend. Writs were also in constant use for financial and political purposes of government. While the writ no longer governs civil pleading and has lost many of its applications, the extraordinary writs esp. of habeas corpus, mandamus, prohibition, and certiorari indicate its historical importance as an instrument of judicial auth...
Reparation
Reparation, is taken to mean the making of amends by an offender to his victim, or to victims of crime generally, and may take the form of compensation, the performance of some service or the return of stolen property (restitution), these being types of reparation which might be described as practical or material. The term can also be used to describe more intangible outcomes, as where an offender makes an apology to a victim and provides some reassurance that the offence will not be repeated, thus repairing the psychological harm suffered by the victim as a result of the crime, State of Gujarat v. Hon'ble High Court of Gujarat, (1998) 7 SCC 392.Mean 'Payment for an injury or damage; redress for a wrong done, several states have adopted the Uniform Crime Victims Reparation Act, certain federal statutes also provide for reparation for violation of the Act; especially persons suffering losses because of violations of the Commodity Futures Trading Act may seek reparation under the Act aga...
Obligation
Obligation, an act which binds a person to some performance; also a bond containing a penalty, with a condition annexed for paying of money at a certain time, or for the performance of a covenant, etc.; also foreign government and other bonds and debentures.In Bhudeb Mookerjee v. Kalachand Malik, 34 Cal LJ 315: AIR 1921 Cal 129, that the word obligation in s. 54 of the Specific Relief Act may be taken to be a tie or bond which constrains a person to do or suffer something. It implies a right in another person to which it is correlated and it restricts the freedom of the obligee with respect to definite acts and forbearances but in order that it may be enforced by a court, it must be a legal obligation and not merely moral, social or religious, Hyderabad Stock Exchange Ltd. v. Rangnath Rathi and Co., AIR 1958 AP 43 (47). [Specific Relief Act, 1877, s. 54]Means 'a duty; the bond of legal necessity which binds together two or more determinate individuals. It is limited to legal duties ari...
Price
Price, in relation to the sale of any goods or to the performance of any services, includes every valu-able consideration, whether direct or indirect, or deferred, and includes any consideration which in effect relates to the sale of any goods or to the performance of any service although ostensible relating to any other matter or thing. [Competition Act, 2002 (13 of 2003), s. 2(o)]...
Probation
Probation, connotes a period of trial, Ajudhia Nath Dhingra v. Union of India, 1976 Sim LJ 357.Means a sort of 'locus pententiae' to the employer to observe the work, ability, efficiency, sincerity, and competence of the servant and if he is found not suitable for the post, the master reserves the right to dispense with his service without anything more during or at the end of the prescribed period which is styled as period of probation, Parshotam Lal Dhingra v. Union of India, AIR 1958 SC 36: 1958 (1) LLJ 544: 1958 SCJ 217.Probation. (1) Proof generally. (2) Suspension of a final appointment to an office until a person tempo-rarily appointed (who is called a 'probationer') has by his conduct proved himself to be fit to fill it. (3) Treatment of an offender under the (English) Probation of Offenders Act, 1907 (7 Edw. 7, c. 17).By s. 1 of this Act where any person is charged before a Court of summary jurisdiction and the Court thinks that the charge is proved, but is of opinion that, ha...
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