Reasonable Time - Law Dictionary Search Results
Home Dictionary Name: reasonable time Page 1 of about 92 results (0.003 seconds)Reasonable time
Reasonable time, within the Sale of Goods Act, 1893 (which see), is by s. 56 of that Act (and see ss. 11 (2), 18 (4), 29 (4), 35, and 37) a question of fact. Where a contract is silent as to time the law implies a contract to do the stipulated act within a reasonable time under the circumstances, Ford v. Cotesworth, 1868 LR 4 QB 132, Blackburn, J....
Presetment of Bill of Exchange, Cheque, or Pro-missory Note
Presetment of Bill of Exchange, Cheque, or Pro-missory Note, the presenting of a bill by the holder to the drawee for acceptance, or to the acceptor or an indorser for payment of, a cheque to the banker for payment, and of a note to the maker or indorser for payment.The law on this subject is regulated by the (English) Bills of Exchange Act, 1882, as follows:-Presentment of Bill for Acceptance.--Presentment is necessary if the bill be payable after sight or if it be expressly stipulated for by the bill, or if it be drawn payable elsewhere than at the residence or place of business of the drawee, but in no other case (s. 39). When a bill payable after sight is negotiated, the holder must either present or negotiate it within a reasonable time (s. 40).'The presentment must be made by or on behalf of the holder to the drawee or to some person authorized to accept or refuse acceptance on his behalf at a reasonable hour on a business day and before the bill is overdue.' Presentment must be ...
Reasonable
Reasonable, has in law prima facie meaning of reasonable in regard to those circumstances of which the actor, called upon to act reasonably knows or ought to know, Gujarat Water Supply & Sewerage Board v. Unique Erectors (Gujarat) Pvt. Ltd., (1989) 1 JT SC 157: (1989) 39 ELT 493: AIR 1989 SC 973; Rena Drego v. Lalchand Soni, (1998) 3 SCC 341.Reasonable, has in law the prima facie meaning of reasonable in regard those circumstances of which the actor, called on to act reasonably, knows or ought to know, Rena Drego v. Lalchand Soni, (1998) 3 SCC 341.Means rational, according to dictate of reason and not excessive or immoderate. If something is not per se preposterous or absurd, it must he held to be reasonable. 'The action is called reasonable which an informed, intelligent, just minded, civilized man could rationally favour. The concept of reasonable-ness does not exclude notions of morality and ethics. In the circumstances of a given case consi-derations of morality and ethics may have...
Immediately
Immediately, in a statute, means within a reasonable time. See Maxwell on Statutes, 2nd Edn. 423.The expression 'immediately' is only meant to convey 'reasonable dispatch and promptitude' and no more, Tulsiram v. State of Madhya Pradesh, AIR 1985 SC 299: (1984) 4 SCC 487: (1985) 1 SCR 949.The word 'immediately' is interpreted to convey 'reasonable despatch and promptitude' intending to convey a sense of continuity rather than urgency, Rajendra v. State of Madhya Pradesh, AIR 1991 SC 1757 (1759): (1991) 3 SCC 620. [Prevention of Food Adulteration Rules, 1955, R. 9A ]The word 'immediately' connotes proximity in time to comply and proximity in taking steps to re-sell on failure to comply the requirement of deposit as first condition that is to take place within relatively short-interval of time and without any other intervening recurrence, Rao Mahmood Ahmed Khan v. Ranbir Singh, 1995 Supp (4) SCC 275: AIR 1995 SC 2195 (2198). [U.P. Zamindari Abolition and Land Reform Rules (1952), R. 285 ...
Consideration
Consideration. Any act of the promisee (the person claiming the benefit of an obligation) from which the promisor (the person burdened with the obligation) or a stranger derives a benefit or advantage, or any labour detriment or inconvenience sustained or suffered by the promisee at the request, express or implied, of the promisor. See Laythoarp v. Bryant, 3 Scott 250; 2 Wms. Saund 137 h; Currie v. Misa, (1875) LR 10 Exch 153.Consideration is one of the facts which the courts require as evidence of intention, (a) that a person intends his promise to be binding on him, or (b) that he intends to divest himself of a beneficial interest in property. In its widest sense consideration is the price, motive or inducement for a promise or for a transfer of property from one person to another. The nature or quality of the consideration which will be sufficient for these purposes varies with the nature of the transaction and in the absence of consideration the Courts will, except in the case of s...
Forthwith
Forthwith. When a defendant is ordered to plead forthwith, he must plead within twenty four hours. When a statute or rule of Court requires an act to be done 'forthwith,' it means that the act is to be done within a reasonable time having regard to the object of the provision and the circumstances of the case [Ex parte Lamb, (1881) 19 Ch D 169; 2 Chit. Arch. Prac., 14th Edn., 1435].Immediately, without delay, Black's Law Dictionary, 7th Edn., p. 664.The expression 'forthwith' would mean 'as soon as may be', that the action should be performed by the authority with reasonable speed and expedition with a sense of urgency without any unavoidable delay. No hard and fast rule could be laid nor a particular period is prescribed. There should not be any indifference or callousness in consideration and disposal of the representation. It depends on the facts and circumstances of each case, Navalshankar Ishwarlal Dave v. State of Gujarat, AIR 1994 SC 1496: (1993) Supp 3 SCC 754.The word 'forthwi...
Sale or return
Sale or return. By s. 18, Rule 4, of the Sale of Goods Act, 1893, supra:-When goods are delivered to the buyer on approval or 'on sale or return' or other similar terms [e.g., on trial: Elphick v. Barnes, (1880) 5 CPD 326] the property therein passes to the buyer:-(a) When he signifies his approval or acceptance to the seller or does any other act adopting the trans-action:As to the meaning of adopting the transaction, see London Jewellers Ltd. v. Atten-borough, (1934) 2 KB 206.(b) If he does not signify his approval or acceptance to the seller but retains the goods without giving notice of rejection, then, if a time has been fixed for the return of the goods, on the expiration of such time, and, if no time has been fixed, on the expiration of a reasonable time. what is a reasonable time is a question of fact....
Government assurances
Government assurances, is the assurances, pro-mises, undertakings given by ministers for time to time on the floor of the House; for ensuring their implementation in reasonable time, Committee on Government Assurances was set up in Lok Sabha which scrutinizes the assurances and examines whether they were implemented within reasonable time and presents its report to the House, Practice and Procedure of Parliament M.N. Kaul and S.L. Shakdher, 5th Edn., 2001, p. 860.Rajya Sabha has a separate Committee which scrutinizes the assurances given by ministers on the floor of the House, Rule of Procedure and Conduct (Rajya Sabha) Business in the Council of States, 5th Edn., July 2000, r. 212A (Rajya Sabha)...
Agricultural Holdings Act, 1923
Agricultural Holdings Act, 1923 (English) (13 & 14 Geo. 5, cc. 9 and 25). By a series of statutes commencing with the Agricultural Holdings Act, 1875, statutory compensation has been provided for an outgoing agricultural tenant in respect of the improvements effected by him during his tenancy. The operation of this Act could be and frequently was excluded by agreement, but now the tenant cannot deprive himself by contract of the right to claim compensation which is conferred on him by the Act, although he may within limits substitute other benefits by agreement. The Act of 1923 (as amended by the Agricultural Holdings Amendment Act, 1923) repeals and consolidates all the earlier statutes dealing with the subject, and confers on outgoing tenants of 'holdings' the rights and benefits briefly outlined below. The term 'holding' means any parcel of land held by a tenant which is wholly agricultural or wholly pastoral, or in whole or in part cultivated as a market garden, and which is not le...
Notice of dishonour
Notice of dishonour. The 49th section of the Bills of Exchange Act,1882, contains fifteen rules as to notice of dishonour, of which the more important are these:-The notice must be given by or on behalf of the holder or of an indorser himself liable (sub-s. 1).The notice may be given in writing or by personal communication. If written it need not be signed, and an insufficient written notice may be supplemented by a verbal communication (sub-ss. 5, 7).The notice may (sub-s. 12) be given as soon as the bill is dishonoured, and must be given within a reasonable time thereafter. In the absence of special circumstances notice is not deemed to have been given within a reasonable time, unless--(a) When the person giving and the person to receive notice reside in the same place, the notice is given or sent off in time to reach the latter on the day after the dishonour of the bill.(b) Where the person giving and the person to receive notice reside in different places, the notice is sent off on...
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