Reasonable Restriction - Law Dictionary Search Results
Intoxicating liquor
the ground of an habitual and persistent refusal 'to supply suitable refreshment (other than intoxicating liquor) at a reasonable price,' or because 'the holder of the licence has failed to fulfil any reasonable undertaking given to the … liquor in an unregistered club (s. 93). The (English) Intoxicating Liquor (Sale to Persons under Eighteen) Act, 1923, restricts the sale of intoxicating liquor to young persons. (English) Children and Young Persons Act, 1933 (23 Geo. 5,
Having regard to
to two matters indicated in the section as it is impossible to arrive at a conclusion as to reasonableness by considering only the two matters mentioned isolated from other relevant factors. It is neither possible nor advisable … SC 724 (730): (1990) 4 SCC 356. The words 'having regard to' used in the section do not restrict the consideration only to two matters indicated in the section as it is impossible to arrive at a
estoppel
estoppel : an estoppel that prevents a promisor from denying the existence of a promise when the promisee reasonably and foreseeably relies on the promise and to his or her loss acts or fails to act and … of a broad claim in the application for a patent from later asserting that a claim deliberately more restricted is equivalent to the original claim called also prosecution history estoppel promissory estoppel : an estoppel that prevents
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Common duty of care
of care is a duty to take such care as in all the circumstances of the case is reasonable to see that the visitor will be reasonably safe in using the premises for the purpose for which … 'common duty of care' to all his visitors, except insofar as he is free to and does extend, restrict, modify or exclude his duty to any visitor or visitors by agreement or otherwise; (2) The common duty
Tobacco
sell cigarettes to a person apparently under 16, or other forms of tobacco, unless the seller had no reason to believe that such tobacco was for the use of that person. There is also power for certain … c. 13). As to Ireland the Irish Tobacco Act, 1907 (7 Edw. 7, c. 3), largely removed the restrictions as to growth, etc., and similar provision is now made for Scotland and England by the Finance (1909-10)
Any person
are significant and even a third party can make an application to the Chief Commissioner or Commissioner giving reasons for his objection to the order and seeking appropriate relief in the matter, Commissioner of Income Tax, Bbubaneswar … 2004 SC 1340. [Motor Vehicles Act, s. 147(1)(b) (as amended in 1994)] The expression 'any person' can be restricted to those on the managerial or administrative staff only. One cannot arbitrarily cut down the amplitude of an
Obligation
more determinate individuals. It is limited to legal duties arising out of special personal relationship existing, whether by reason of a contract or a tort, or otherwise between two or more individual persons, State of West Bengal … 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
Housing of the working classes
condition is implied that at the commencement of the holding the house (or part) is in all respects reasonably fit for human habitation. As to the liability of the landlord where the tenant undertakes the repairs (fair … required for the amenity or convenience of a house (s. 75), and see ss. 142-144 as to other restrictions upon acquisition of land. The Act of 1936 has mitigated some of the hardships to meritorious owners which
Includes
meaning in the Motor Vehicles Act, 1939, and it is difficult to limit this specific meaning on any reasonable basis. Further, s. 38 of the Act, which exempts certain transport vehicles, also proceeds on the basis that … clause it is used as a word of enlarge-ment, that is to make the definition extensive and not restrictive but the word 'Includes' is also used to connote a specific meaning, that is, as 'means and Includes'
Winding-up
the same effect. (c) By an extraordinary resolution of the company to the effect that it cannot by reason of its liabilities continue its business and that it is advisable to wind up. Thereupon the business of … the s. Onerous property may be disclaimed and rights under process of execution or attachment of creditors are restricted under ss. 267-270. Secs. 271-278 relate to offences, penalties, and the powers of the Court in connection therewith,
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