Regularly Performed - Law Dictionary Search Results
Home Dictionary Name: regularly performedRegularly performed
Regularly performed, the words regularly per-formed mean done with due regard to form and procedure, AIR 1955 Punj 65 (73). (Evidence Act, 1872, s. 114)...
Regularly
Regularly, the word 'regularly' in clause (b) of s. 12(3) has a significance of its own. It enjoins a payment or tender characterised by reasonable punctuality, that is to say, one made at regular times or intervals. The regularity contemplated may not be a punctuality, of clock-like precision and exactitude, but it must reasonably conform with substantial proximity to the sequence of times or intervals at which the rent falls due, Mranalini B. Shah v. Bapalal Mohanlal Shah, AIR 1980 SC 954 (956): (1980) 4 SCC 251. [Bombay Rents, Hotel and Lodging House Rates Contral Act, 1947, s. 12(3)(b)](ii) The word 'regularly' to mean payment of rent in a uniform and consistent manner without any breach or default. The legislature never contemplated that a single default could be condoned. This inference is fortified by the words 'without sufficient cause'. A correct interpretation of the plain language and the words and phrases used in cl. (ii) of s. 9(1) of the Act seems that the word 'regular' ...
Ebdomadarius
Ebdomadarius, an officer in cathedral churches who supervised the regular performance of divine service, and prescribed the particular duties of each person in the choir....
Morganatic marriage
Morganatic marriage. The lawful and inseparable conjunction of a man of noble or illustrious birth with a woman of inferior station, upon condition that neither the wife nor her children shall partake of the titles, arms, or dignity of the husband, or succeed to his inheritance, but be contented with a certain allowed rank assigned to them by the morganatic contract. But since these restrictions relate only to the rank of the parties and succession to property, without affecting the nature of a matrimonial engagement, it must be considered as a just marriage. The marriage ceremony was regularly performed; the union was indissoluble; the children legitimate. This connection was very usual in Europe; but there is not proof that the concubines of Charlemagne and the early kings of France were wives of this description, nor is there occasion to resort to that supposition in defence of their conduct, since the state of concubinage itself was little inferior to this in the public estimation;...
Regularly kept books of account
Regularly kept books of account, to ascertain whether a book of account has been regularly kept the nature of occupation is an eminent factor for weighment. The test of regularity of keeping accounts by a shopkeeper who has daily transactions cannot be the same as that of a broker in real estates. Not only their systems of maintaining books of account will differ but also the yardstick of contemporaneity in making entries therein. It is not possible to accept the view that an entry must necessarily be made in the book of account at or about the time the related transaction takes place so as to enable the book to pass the test of 'regularly kept'. The rule fixes no precise time and each case must depend upon its own circumstances, CBI v. V.C. Shukla, AIR 1998 SC 1406: (1998) 3 SCC 410....
Regularity
The condition or quality of being regular as regularity of outline the regularity of motion...
On a regular basis
On a regular basis, when a person is appointed to a post against a permanent vacancy on probation, his appointment is on a regular basis, but when a person is appointed to a post on a purely temporary or on an ad hoc basis, the appointment is not on a regular basis, K. Madhavan v. Union of India, AIR 1987 SC 2291 (1296): (1987) 4 SCC 655: (1988) 1 SCR 421. (Constitution of India, Art. 309)...
Regular
Regular, 'regular' means a consistent course of conduct without any break or breach, Mrs. Raj Kanta v. Financial Commissioner, AIR 1980 SC 1464 (1466): (1980) 3 SCC 589: (1980) 3 SCR 1006.Means (1) conforming to a rule or principal systematic; (2) harmonious symmetrical; (3) acting or done or recurring uniformly or calculably in time or manner, habitual, constant, orderly; (4) conforming to a standard of etiquette or procedure, correct, according to convention; (5) properly constituted or qualified; not defective or amateur, pursuing an occupation as one's main pursuit'. The word regular does not mean 'actual', Union of India v. K.B. Rajoria, AIR 2000 SC 1819.Means (1) conforming to a rule or principle; systematic. (2) harmonious, symmetrical (3) acting or done or recurring uniformly or calculably in time or manner habitual, constant, orderly (4) conforming to a standard of etiquette or procedure; correct; according to convention. (5) properly constituted or qualified; not defective or...
Regularly kept in the course of business
Regularly kept in the course of business, the roughest memoranda of accounts kept generally according to the most elementary system are ad-missible but would have no weight, Kesheo Rao v. Ganesh, AIR 1926 Nag 407.Account books kept from day of day and balances struck at the end of each day, should be held to have been regularly kept. The system need not be elaborate, Balmukand &Anr. v. Jagan Nath, AIR 1963 Raj 212.The words 'regularly kept' are not synonymous with 'correctly kept', Parasram Kalyandas v. Champalal Sawan Sookha, AIR 1957 Madh Bha 118....
Specific performance
Specific performance. Equity, in obedience to the cardinal rule of natural justice that a person should perform his agreement enforces, pursuant to a regulated and judicial discretion, the actual accomplishment of a thing stipulated for, on the ground that what is lawfully agreed to be done ought to be done, and that damages at law for breach of the contract are not a sufficient com-pensation. The Common Law has not recognized this principle; it has only given damages to a suffering party for the non-performance of an executory agreement. The (English) C.L.P. Act, 1854, however, imparted to the Common Law writ of mandamus a little more efficacy by provisions since superseded by s. 24 of the Judicature Act, 1873, now by Judicature Act, 1925, s. 36, and the (English) Mercantile Law Amendment Act, 1856, introduced a procedure for enforcing the specific delivery of goods sold, specially superseded by s. 52 of the (English) Sale of Goods Act, 1893.An award of damages may be combined with a ...
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