Reasonable - Law Dictionary Search Results
Home Dictionary Name: reasonable Page: 2Reasonable hypothesis
Reasonable hypothesis, before a person can be con-victed on the strength of circumstantial evidence, the circumstances in question must be satisfactorily established and the proved circumstances must bring home the offence to the accused beyond reasonable doubt. If those circumstances or some of them can be explained by any other reasonable hypothesis then the accused must have the benefit of that hypothesis. But in assessing the evidence imaginary possibilities have no place. What is to be considered are ordinary human probabilities, Awadhi Yadav v. State of Bihar, AIR 1971 SC 69 (70): (1971) 3 SCC 116....
Reasonable opportunity and reasonable
Reasonable opportunity and reasonable, would depend upon the fact situation, Transmission Corporation of A.P. Ltd. v. Shree Ramakrishna Rice Mill, (2006) 3 SCC 74....
Adequate and special reasons
Adequate and special reasons, in order to exercise the discretion of reducing the sentence the statutory requirement is that the court has to record 'adequate and special reasons' in the judgment and not fanciful reasons which would permit the court to impose a sentence less than the prescribed minimum. The reason has not only to be adequate but special. What is adequate and special would depend upon several factors and no straitjacket formula can be imposed, Bhupinder Sharma v. State of Himachal Pradesh, (2003) 8 SCC 551 (558). (Indian Penal Code, 1860, s. 376)--the expression 'adequate and special reasons'[ indicates that it is not enough to have special reasons, nor adequate reasons disjunctively. There should be a conjunction of both for enabling the court to invoke the discretion. Reasons which are general or common in many cases cannot be regarded as special reasons, Kamal Kishore v. State of Himachal Pradesh, AIR 2000 SC 1920 (1925). [Penal Code, 1860, s. 376(2), proviso]Means t...
Wear and Tear, Reasonable
Wear and Tear, Reasonable, the waste of substance by the ordinary use of it. This expression commonly occurs in connection with leases, in which the lessee agrees to return the subject-matter of the lease at the end of the lease in the same state as it was at the beginning of it, 'reasonable wear and tear excepted'; as to the meaning of which, see Manchester Bonded Warehouse Co. v. Carr, (1880) 5 CPD at p. 513; Terrell v. Murray, (1901) 17 TLR 570; Miller v. Burt, (1918) 63 Sol Jo 117; Citron v. Cohen, (1920) 36 TLR 560; and cases under LANDLORD AND TENANT. As to the insertion of the exception in a lease made by a tenant for life, see Davies v. Davies, (1888) 38 Ch D 499....
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....
Reasonable parts
Reasonable parts. The two-thirds of a man's personal property, one of which went on his death to his widow, and the other to his children, the remaining third going in accordance with his will. This right of the widow and children was expressly saved to them by a still unrepealed clause of Magna Carta, but became lost to them by imperceptible degrees. The Wills Act, 1837, is inconsistent with, but does not expressly repeal, the saving of Magna Charta for the 'reasonable parts,' but the Wills Act does not apply to Scotland, where (see LEGITIM), as generally throughout Europe, except in England and Ireland, the rights of the widow and children are in full force....
Reasonable opportunity of showing cause
Reasonable opportunity of showing cause, reasonable opportunity to show cause in Article 311(2) of the Constitution contemplates not merely opportunity to do so at enquiry stage but also when competent authority as result of enquiry, proposes to inflict one of three punishments mentioned in article on delinquent servant, Khem Chand v. Union of India, AIR 1958 SC 300: (1958) SCR 1080....
Reasonable grounds
Reasonable grounds, means something more than prima facie grounds. It contemplates substantial probable causes for believing that the accused is not guilty of the alleged offence. The reasonable belief contemplated in the provision requires existence of such facts and circumstances as are sufficient in themselves to justify satisfaction that the accused is not guilty of the alleged offence, Collector of Customs v. Ahmadalieva Nodira, (2004) 3 SCC 549 (552). [N.D.P.S. Act, 1985, s. 37(1)(b)]...
commercially reasonable
commercially reasonable : fair, done in good faith, and corresponding to commonly accepted commercial practices [a secured party after default may sell…the collateral in its then condition or following any commercially reasonable preparation "Uniform Commercial Code"] ...
Reasonable classification
Reasonable classification, it is now well established that while Article 14 forbids class legislation, it does not forbid reasonable classification for the purposes of legislation. The classification may be founded on different bases; namely, geographical, or according to objects or occupations or the like. What is necessary is that there must be a nexus between the basis of classification and the object of the Act under consideration, Express Newspaper (Private) Ltd. v. Union of India, AIR 1958 SC 578....
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