Practical Construction - Law Dictionary Search Results
Home Dictionary Name: practical constructionpractical construction
practical construction 1 : the interpretation of the terms of a contract as shown by the performance of the parties that may be used by the court to help determine the intent of the parties ;also : the doctrine that permits such a method of discerning intent compare course of performance 2 : interpretation of a statute or document in a manner that does not defeat its purpose esp. when a strict interpretation would produce clearly unintended or absurd results ...
Practice
Practice, connotes repeated events but that will not affect the construction to be placed on the words 'unfair labour practice to dismiss or discharge, Hindustan Lever Ltd. v. Ashok V. Kate, AIR 1966 SC 285, p. 301, (see Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, Sch. IV, item 1).Practice, denotes the mode of proceeding by which a legal right is enforced as distinguished from the law which gives and defines the right, State of Seraikella v. Union of India, AIR 1951 SC 253: 1951 SCR 474: 1951 SCJ 425.Practice, includes any practice relating to the carrying on of any trade by a person or an enterprise. [Competition Act, 2002 (92 of 2003), s. 2(m)]The form and manner of conducting and carrying on suits, actions, or prosecutions at law or in equity, civil or criminal, through their various stages, from the commencement to final judgment and execution, according to principles and rules laid down by the several Courts. As to the precise meani...
course of performance
course of performance :the conduct of parties during a business deal requiring repeated performances that creates an understanding between the parties as to performance and that may be used to help interpret their agreement in instances of dispute compare course of dealing, practical construction, usage of trade ...
Schedule
Schedule, a small scroll; a writing additional or appendant, as a list of fixtures in a lease or details of any matter contained in the body of a deed, document., or of enactments repealed and other supplementary matter in an Act of Parliament, e.g., the Merchant Shipping Act, 1894, which has twenty-two schedules; an inventory.--shall mean a schedule to the Act or Regulation in which the word occurs. [General Clauses Act, 1897 (10 of 1897), s. 3(52)]Schedule, in the House of Commons, when a Bill is under consideration, the Schedule is taken up after all the clauses and new clauses have been considered; this order may be changed by moving a motion to that effect and the Schedule may be considered after the clause to which it is related. A Schedule can be amended like any clause, new Schedule can also be moved and considered, Parliamentary Practice, Erskine May, 22nd Edn., 2001, p. 494.Schedule, is a list, catalogue, or inventory of details, often as an explanatory supplement to a Will, ...
Orthometry
The art or practice of constructing verses correctly the laws of correct versification...
Precedent
Precedent, a decision is a precedent of its own features. Further, the enunciation of the reason or principle on which a question before a court has been decided is alone binding as a precedent, Uttaranchal Road Transport Corporation v. Mansaram Nainwal, (2000) 6 SCC 366.A precedent acquirers added authority from lapse of time, the longer a precedent has remained unquestioned, the more hard it becomes to reverse it. The courts has to adopt a construction of law, which would inevitably result in upsetting titles long founded on the contrary view, Pratap Bahadur Sahi v. Lakshmidhar Singh, AIR 1946 PC 189: 73 IA 231; Vijaya Charari v. Khubchand, AIR 1964 SC 1099.Precedent, are not an immutable dogma. Courts may evolve principles which are applicable to the facts involved in each case, Rumana Begum v. Government of Andhra Pradesh, 1992 Cr LJ 3512.Means every judgment must be based upon facts, declared by the Indian Evidence Act, 1872 to be relevant and duly proved. But when a Judge, in dec...
Registration of title of land
Registration of title of land. The (English) Land Registration Act, 1925 (15 Geo. 5, c. 21), repeals and re-enacts the (English) Land Transfer Acts, 1875 (38 & 39 Vict. c. 87) and 1897 (60 & 61 Vict. c. 65), with amendments in keeping with innovations which were introduced by the property laws of 1925. Its object is to simplify the indicia of land ownership and transfer by mere inscription and transcription in a register. The advantages which are claimed for the system are (a) purchasers for value of an absolute or good leasehold title are absolved from any inquiry into the title other than it is shown to be on the register; (b) certain equitable claims which would be binding on the land under the general law and cannot be removed or over-reached without onerous formalities do not affect such purchasers; (c) the method of conveyance or charge is simple; (d) subject to the statutory provisions, registration guarantees the title to purchasers for value and mortgagees. It should be observ...
Uses
Uses (History). A use is the intention or purpose, express or implied, upon which property is to be held. The Common Law treated the actual possessor for all purposes as the owner of the property. It was not difficult to find him out, since the possession of his estate was conferred upon him by a formal and notorious ceremony, technically called livery of seisin, which was performed openly and in the presence of the people of the locality.It soon became evident that the simple rules of the Common Law were stumbling-blocks to the complicated wants of an enterprising people.Hence ingenuity was sharpened to hit upon a device which should set at nought the rigidity of existing law and formalities.A system was found by the monastic jurists upon a model furnished by the Civil Law, which, by a nice adaptation, evaded, without overturning, the Common Law. Two methods of transferring realty began to co-exist in this country-the ancient Common Law system, and the later invention, which is denomi...
Deed
Deed [fr. d'd, Sax.; ded gaded, Goth.;daed, Dut.], a formal document on paper or parchment duly signed, sealed, and delivered. It is either an indenture (factum inter partes) needing an actual indentation [(English) Real Property Act, 1845 (8 & 9 Vict. c. 106), s. 5], reproduced by the Law of Property Act, 1925, s. 56 (2), made between two or more persons in different interests, or a deed-poll (charta de una parte) made by a single person or by two or more persons having similar interests. By the (English) Law of Property Act, 1925, s. 57, a deed may be described according to the nature of the transaction, e.g., 'this lease,' 'this mortgage,' etc., or as a 'deed' and not habitually by the word 'indenture.'The requisites of a deed are these:-(1) Sufficient parties and a proper subject of assurance.(2) It must be written, engrossed, printed, or lithographed, or partly written or engrossed, and partly printed or lithographed in any character or in any language, on paper, vellum, or parchm...
Development Commissioners
Development Commissioners, means the Develop-ment Commissioner appointed for one or more Special Economic Zones under sub-s. (1) and s. 11 [Special Economic Zones Act, 2005 (28 of 2005) s. 2(h)]Eight persons so named can be appointed by the king, who also nominates the chairman, under s. 3 of the (English) Development and Road Improve-ment Funds Act, 1909 (9 Edw. 7, c. 47), as amended by the (English) Act of 1910 (10 Edw. 7 and 1 Geo. 5, c. 7); 10 & 11 Geo. 5, c. 72; 13 & 14 Geo. 5, c. 21. The Commissioners are appointed for the purposes of recommendation to the Treasury in regard to advances which the Treasury is empowered to make out of a fund to be called the Development Fund created and provided for by the (English) Act of 1909, for any of the following purposes:--(a) Aiding and developing agricultural and rural industries by promoting scientific research, instruc-tion and experiments in the science, methods and practice of agriculture (including the provision of farm institutes), ...
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