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Material facts and material particulars

neither been defined in the Act or in CPC. Material facts are those facts upon which a party relies for his claim or defence. Material particulars on the other hand are details in support of material facts

Husband and wife

the other contracting party. A notice of such a prohibition given to a plaintiff will preclude him from relying on this presumption (see also Callot v. Nash, 39 LTR 292). Where husband and wife are living apart

Jurisdiction

authority of the Judicial Officer to act in the matter, Tayen v. Ram Lal, ILR 12 All 115 relied; Anowar Hussain v. Ajay Kumar Mukherjee, AIR 1965 SC 1651 (1654): (1965) 2 Cri LJ 686. [Judicial Officers

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Injunction

Cotton Corporation of India v. United Industries Ltd., AIR 1983 SC 1272 (1277): (1983) 4 SCC 625. [Specific Relief Act, 1963, s. 41(b)] This is the discretionary process of preventive and remedial justice, whereby a person is

Impossibility

in consideration thereof has been done by the other. Frustration of a contract by act of the party relying upon it will prevent him from taking any advantage of the circumstance, Maritime National Fish Co. v. Ocean

Held

(Second Edition), it is stated that in legal parlance, the word 'held' means to possess by 'legal title. Relying upon this connotation, the Supreme Court in Budhan Sigh v. Nabi Bux, AIR 1970 SC 1880 interpreted the

Overruling

is not a recent one, and especially if it seems to be very poor, it should not be relied upon without ascertaining whether it may not have been expressly or impliedly overruled by some subsequent one; that

Use of dictionaries

dictionary. To do that would be to destroy the literal rule of interpretation. This is a basic rule relying upon the ordinary dictionary meaning which, in the absence of some overriding or special reasons to justify a

Parol evidence

with any of its stipulations; or, lastly, where fraud or illegality in the formation of the deed is relied on to avoid it. If a clause in a deed be so ambiguously or defectively expressed that a

Particulars

Court under those Acts have substituted a statement of claim containing the material facts on which the plaintiff relied for the declaration under the old practice, which only contained a legal statement of the plaintiff's cause of

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Rely - Law Dictionary Search Results

Research workspace

Save terms and build your research trail

A free trial unlocks notes, tags, search history, and the full AI Studio desk for judgment research.

Material facts and material particulars

neither been defined in the Act or in CPC. Material facts are those facts upon which a party relies for his claim or defence. Material particulars on the other hand are details in support of material facts

Husband and wife

the other contracting party. A notice of such a prohibition given to a plaintiff will preclude him from relying on this presumption (see also Callot v. Nash, 39 LTR 292). Where husband and wife are living apart

Jurisdiction

authority of the Judicial Officer to act in the matter, Tayen v. Ram Lal, ILR 12 All 115 relied; Anowar Hussain v. Ajay Kumar Mukherjee, AIR 1965 SC 1651 (1654): (1965) 2 Cri LJ 686. [Judicial Officers

Keep your definitions linked to case research

Injunction

Cotton Corporation of India v. United Industries Ltd., AIR 1983 SC 1272 (1277): (1983) 4 SCC 625. [Specific Relief Act, 1963, s. 41(b)] This is the discretionary process of preventive and remedial justice, whereby a person is

Impossibility

in consideration thereof has been done by the other. Frustration of a contract by act of the party relying upon it will prevent him from taking any advantage of the circumstance, Maritime National Fish Co. v. Ocean

Held

(Second Edition), it is stated that in legal parlance, the word 'held' means to possess by 'legal title. Relying upon this connotation, the Supreme Court in Budhan Sigh v. Nabi Bux, AIR 1970 SC 1880 interpreted the

Overruling

is not a recent one, and especially if it seems to be very poor, it should not be relied upon without ascertaining whether it may not have been expressly or impliedly overruled by some subsequent one; that

Use of dictionaries

dictionary. To do that would be to destroy the literal rule of interpretation. This is a basic rule relying upon the ordinary dictionary meaning which, in the absence of some overriding or special reasons to justify a

Parol evidence

with any of its stipulations; or, lastly, where fraud or illegality in the formation of the deed is relied on to avoid it. If a clause in a deed be so ambiguously or defectively expressed that a

Particulars

Court under those Acts have substituted a statement of claim containing the material facts on which the plaintiff relied for the declaration under the old practice, which only contained a legal statement of the plaintiff's cause of

  • Last »

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