Performing Right - Law Dictionary Search Results
Home Dictionary Name: performing right Page: 3Under the colour of duty
Under the colour of duty, the expression 'under colour of something' or 'under colour of duty', or 'under colour of office', is not infrequently used in law as well as in common parlance. Whether or not when the act bears the true colour of the office or duty or right, the act may be said to be done under colour of that right, office or duty, it is clear that when the colour is assumed as a cover or a cloak for something which cannot properly be done in performance of the duty or in exercise of the right or office, the act is said to be done under colour of the office or duty or right, Virupaxappa Veerappa Kadampur v. State of Mysore, AIR 1963 SC 849 (852): (1963) 2 Supp SCR 6; see also Bhanuprasad Hariprasad Dave v. State of Gujarat, AIR 1968 SC 1323. [Bombay Police Act, 1951 (22 of 1951), s. 161(1)]...
condition
condition 1 : an uncertain future act or event whose occurrence or nonoccurrence determines the rights or obligations of a party under a legal instrument and esp. a contract ;also : a clause in the instrument describing the act or event and its effect concurrent condition : a condition that is to be fulfilled by one party at the same time that a mutual condition is to be fulfilled by another party condition implied in law : constructive condition in this entry condition precedent [-pri-sēd-nt, -pre-sə-dənt] : a condition that must be fulfilled before performance under a contract can become due, an estate can vest, or a right can become effective condition subsequent : a condition whose fulfillment defeats or modifies an estate or right already in effect or vested or discharges an already existing duty under a contract constructive condition : a condition created by operation of law called also condition implied in law compare express condition in this entry e...
Order
Order, does not mean only final order, Kanhikkamthoppu Parambil Radha v. Kondarappott Velayudhan, AIR 1994 Ker 412.Order, mandate, precept, command; also a class or rank.General orders are promulgated by courts for the proper regulation of their own proceedings, as the Consolidated 'Rules of the Supreme Court, 1883,' which are divided into orders, and subdivided into rules, which are amended from time to time; and particular orders are made to enforce a payment of money, to enforce obedience to justice, and compel that which is right to be performed.An order in a proceeding under Order XXI, Rule 90 is a 'judgment' inasmuch as such a proceeding raises a controversy between the parties therein affecting their valuable rights and the order allowing the application certainly deprives the purchaser of rights accrued to him as a result of the auction-sale, Redhey Shyam v. Shyam Behari Singh, (1970) 2 SCC 405: AIR 1971 SC 2337.The word 'order' which appears in a statute dealing with sales tax...
guaranty
guaranty pl: -ties [Old French garantie, from garantir to guarantee, from garant warrant] 1 : a pledge to pay another's debt or to perform another's duty in case of the other's default or inadequate performance compare letter of credit 2 : guarantee 3 : guarantor 4 : something given as security : pledge 5 : the protection of a right afforded by legal provision (as in a constitution) ...
peremptory
peremptory [Late Latin peremptorius, from Latin, destructive, from perimere to take entirely, destroy] 1 : permitting no dispute, alternative, or delay ;specif : not providing an opportunity to show cause why one should not comply [when the right to require the performance of the act is clear and it is apparent that no valid excuse can be given for not performing it, a mandamus may be allowed "Revised Statutes of Nebraska"] 2 : not requiring cause see also peremptory challenge at challenge pe·remp·to·ri·ly [pə-remp-tə-rə-lē, -remp-tōr-ə-lē] adv pe·remp·to·ri·ness [-remp-tə-rē-nəs] n n pl: -ries : peremptory challenge at challenge ...
remedy
remedy pl: -dies : the means to enforce a right or to prevent or obtain redress for a wrong : the relief (as damages, restitution, specific performance, or an injunction) that may be given or ordered by a court or other tribunal for a wrong [if the contract is null and void, the is to rescind and to put the parties in the position in which they were prior to the attempted agreement "First Nat'l Mortgage Corp. v. The Manhattan Life Ins. Co., 360 So. 2d 264 (1978)"] [specific performance and other equitable remedies] rem·e·di·less adj vt -died -dy·ing : to provide or serve as a remedy for ...
Dutiful
Performing or ready to perform the duties required by one who has the right to claim submission obedience or deference submissive to natural or legal superiors obedient as to parents or superiors as a dutiful son or daughter a dutiful ward or servant a dutiful subject...
Warrant of Attorney
Warrant of Attorney, a written authority addressed to one or more solicitors to appear for the party executing it, and receive a statement of claim for him in an action at the suit of a person therein mentioned, and thereupon to confess the same, or to suffer judgment to pass by default and to permit judgment to be entered up against him. The practice of giving warrants of attorney is seldon resorted to. A warrant of attorney may be executed as a security for the performance of any agreement between the parties; but it does not extinguish an original debt, or affect the right to sue upon it, unless judgment has been signed, for until this is done it is merely a collateral security. It is usual to make the warrant subject to be defeated on the performance of certain conditions, and when this is the case, they are set forth in an agreement hence called the defeasance.The Debtors Act, 1869, contains various provisions in regard to warrants of attorney, e.g., they must be executed in the p...
Omnia pr'sumuntur solemniter [or rite] esse acta
Omnia pr'sumuntur solemniter [or rite] esse acta. Co. Litt. 6, (All things are presumed to have been done rightly.) Similarly, Omnia pr'sumuntur rite et solemniter esse acta donec probetur incontrarium. Co. Litt. 232, (All things are presumed to have been rightly and duly performed until it is proved to the contrary.) See also AIR 1930 Cal 228....
Judicially
Judicially, merely a standard of conduct and freedom from bias or interest which are the true attributes of a judge. 'Judicial power' may be defined as the power to examine questions submitted for determination with a view to the pronouncement of an authoritative decision as to rights and liabilities of one or more parties, Firm of S. Mohd. Ali and Sons v. V. Madhavarao, AIR 1964 AP 132.An authority acts in a judicial capacity when after investigation and deliberation it performs an act or makes a decision that is binding and conclusive and imposes obligations upon and affects the rights of individuals, C.V. Subrahmanyam Sastry v. Joint Registrar of Co-operative Societies, AIR 1965 AP 69....
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