S 115 - Law Dictionary Search Results
Home Dictionary Name: s 115 Page: 2Amendment
Amendment, a correction of any errors in the writ or pleadings in actions, suits, or prosecutions. The power of allowing amendments has been much extended by modern statutes and rules, but it will not be exercised to the prejudice of a party to the proceeding; apart from this, it is in general a mere matter of costs.1. Amendment of proceedings in the Supreme Court. By R. S. C. Ord. XXVIII., r. 1, the Court or a judge may, at any stage of the proceedings, allow either party to alter or amend his indorsement or pleadings, in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties. This is the general principle. The remaining rules of the Order prescribe the practice in detail; they allow the plaintiff to amend his statement of claim once without leave, and the defendant similarly to amend a counterclaim or set-off. But a defence cannot be amended without le...
Illegally and with material irregularity
Illegally and with material irregularity, the words 'illegally' and 'with material irregularity' as used in clause (c) s. 15 do not cover either errors of fact or of law they do not refer to the decision arrived at but merely to the manner in which it is reached. The errors contemplated by this clause may, relate either to breach of some provision of law or to material defects of procedure affecting the ultimate decision, and not to errors either of fact or of law, after the prescribed formalities have been complied with, D.L.F. Housing Co. (P) Ltd. v. Sarup Singh, AIR 1971 SC 2324 (2327): (1969) 3 SCC 807. [Civil PC (5 of 1908), s. 115]...
Proviso for redemption
Proviso for redemption. The condition in a conveyance upon mortgage whereby if the mortgagor pays to the mortgagee the principal, interest, and any other moneys secured by the mortgage on a specified day, the mortgagee becomes bound to reconvey the mortgaged property to the mortgagor at any time at his request and cost. By the Law of Property Act, 1925, s. 115, a receipt of the person entitled to give a receipt (see statutory form) for the moneys secured by the mortgage endorsed on or written at the foot if, or annexed to the mortgage operates as a surrender or release of the mortgagee's term or as a reconveyance of all the mortgaged interest or property, and in either case a discharge of all the moneys secured by the mortgage without any other reconveyance, surrender or release. See MORTGAGE....
Support
Support, to support a rule or order is to argue in answer to the arguments of the party who has shown cause against a rule or order nisi.The help which every landowner receives at the boundary of his land from his neighbour's land, which lies close to his and prevents its falling in and crumbling away, as it would do if his neighbour dug away the surface of his land to the very edge, Goddard on Easements. The right of an owner to the support of surface in its natural position is a presumption of Common Law and not part of a grant of mines or power to work the same, and a power to let down the surface must be expressly granted in a lease, Warwickshire Coal Company v. Coventry Corporation, 1934 Ch 488. As to the right of support for buildings, see, further, the leading case of Dalton v. Angus, (1881) 6 App Cas 740, in which it was held by the House of Lords that there is natural right to lateral support for buildings. This is an easement which may be acquired by twenty years' uninterrupt...
Approbate and reprobate
Approbate and reprobate, the doctrine of 'approbate and reprobate' is only a species of estoppel; it applies only to the conduct of parties. As in the case of estoppel it cannot operate against the provisions of a statute, CIT v. V. MR. P. Firm Muar, AIR 1965 SC 1216 (1221): (1965) 1 SCR 815. (Evidence Act, 1872, s. 115) See also AIR 1956 593 (602).--A person is said to approbate and reprobate where he takes advantage of one part of a document and rejects the rest, Scots Law. The maxim runs, Qui approbat non reprobat: One who approbates cannot reprobate. The doctrine is the same as the English law of election, Douglas-Menzies v. Umphelby, 1908 AC 224. See ELECTION....
Building societies
Building societies, associations of persons subscribing to a common fund which is employed in making advances to such members (called 'advanced members') as desire to obtain them on the security of real or leasehold property, while those members who do not desire an advance (called 'investing members' ) simply pay their contributions to the society and receive interest thereon. Building societies are either (a) Unincor-porated, or (b) Incorporated. Unincorporated societies (now few in number) are governed by the (English) Building Societies Act of 1836 (6 & 7 Wm. 4, c. 32), and certain sections of the old (English) Friendly Societies Acts of 1829 and 1835 (repealed for all other purposes) incorporated therewith. Incorporated societies are governed by the (English) Building Societies Acts, 1874 to 1894, and the (English) Building Societies Regulations, 1895, made thereunder. A cross division of these societies is into (1) Terminating, and (2) Permanent. A Terminating Society is one whic...
Court subordinate
Court subordinate, the expression 'Court immediately below' used in the Constitution means 'Court subordinate' and a single Judge of the High Court not being a court subordinate to the Division Bench qua the Division Bench the District Court was the Court immediately below. But the two expressions have not the same meaning. A 'court subordinate' to the High Court is a Court subject to the superintendent of the High Court, whereas a court immediately below is the Court from whose decision the appeal has been filed, Ladli Prasad Jaiswal v. Karnal Distillery Co. Ltd., AIR 1963 SC 1279 (1285): (1964) 1 SCR 270. (Civil Procedure Code, 1985, s. 115)...
K.L.M. Principle
K.L.M. Principle, The expression 'K.L.M. Principle' came into existence in the Travancore-Cochin State by an order dated 27th September, 1950, and means that the relative seniority of the Travancore and Cochin personnel in any class or grade in the common seniority list will be determined with reference to the date of commencement of continuous service in the same or similar class of grade or posts subject, however, to the condition that the seniority of the Travancore personnel as between themselves or of the Cochin personnel as between themselves should not thereby be disturbed, C.P. Damodaran Nayar v. State of Kerala, AIR 1974 SC 1343 (1349). [States Reorganisation Act, (37 of 1956), s. 115]...
Seniority
Seniority, in the case of Government Service, it means length of service, AIR 1971 Mys 53 (54). (States Reorganisation Act, 1956, s. 115)...
With material irregularity
With material irregularity, the words 'illegally' and 'with material irregularity' as used in this clause do not cover either errors of fact or of law, they do not refer to the decision arrived at but merely to the manner in which it is reached. The errors contemplated by this clause may, in our view, relate either to breach of some provision of law or to material defects of procedure affecting the ultimate decision, and not to errors either of fact or of law, after the prescribed formalities have been complied with, D.L.F. Housing & Construction Co. (P) Ltd. v. Sarup Singh, (1969) 3 SCC 807 (811). [Civil Procedure Code, 1908, s. 115]...
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