Same And Similar - Law Dictionary Search Results
Home Dictionary Name: same and similar Page: 2K.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]...
Same work or work of a similar nature
Same work or work of a similar nature, means work in respect of which the skill, effort and respon-sibility required are the same, when performed under similar working conditions, by a man or a woman and the differences, if any, between the skill, effort and responsibility required of a man and those required of a woman are not of practical importance in relation to the terms and conditions of employment. [Equal Remuneration Act, 1976 (25 of 1976), s. 2(h)]The expression contemplates stress upon the similarity of skill, effort and responsibility when performed under similar conditions, State of Madhya Pradesh v. Pramod Bhartiya, AIR 1993 SC 286 (292). [Equal Remuneration Act, 1976 (25 of 1976), s. 2(h)]...
Talis non est eadem; nam nullum simile est idem
Talis non est eadem; nam nullum simile est idem (4 Co. 18), what is like is not the same; for nothing similar is the same....
Passing off
Passing off, in action for passing off pray of actual deception is not necessary two marks bear an ovrall similarity as would be likely to mislead a person usually dealing with one to accept the other if offered to him, it is enough, National Match Works v. S.T. Karuppanna Nadar, AIR 1979 Mad 157.An infringement action is available where there is violation of specific property right acquired under and recognised by the statute. In a passing-off action, however, the plaintiff's right is independent of such a statutory right to a trade mark and is against the conduct of the defendant which leads to or is intended or calculated to lead to deception. Passing-off is said to be a species of unfair trade competition or of actionable unfair trading by which one person, through deception, attempts to obtain an economic benefit of the reputation which another has established for himself in a particular trade or business. The action is regarded as an action for deceit. The tort of passing-off inv...
In similar circumstances
In similar circumstances, The phrase 'in similar circumstances' occurring in clause (a) governs only 'similar accommodation' and not the word 'same', Miran Devi v. Birbal Dass, AIR 1977 SC 2191: (1977) 3 SCC 496. [E.P. Urban Rent Restriction Act, 1949, s. 4(2) (a)]...
Like
Having the same or nearly the same appearance qualities or characteristics resembling similar to similar alike often with in and the particulars of the resemblance as they are like each other in features complexion and many traits of character...
Ubi eadem ratio ibi idem jus, et de similibus idem est judicium
Ubi eadem ratio ibi idem jus, et de similibus idem est judicium (Co. Litt. 191a), where there is the same reason, there is the same right; and of things similar, the judgment is similar....
Sameness
The state of being the same identity absence of difference near resemblance correspondence similarity as a sameness of person of manner of sound of appearance and the like...
Cause of action estoppel
Cause of action estoppel, a cause of action estoppel arises where in two different proceedings identical issues are raised, in which event, the latter proceedings between the same parties shall be dealt with similarly as was done in the previous proceedings. In such event the bar is absolute in relation to all points decided save and except allegation of fraud and collusion, Bhanu Kumar Jain v. Archana Kumar, (2005) 1 SCC 787 (798). (Civil Procedure Code, 1908, s. 11)Cause of action estoppel, arises where the cause of action in the later proceedings is identical to that in the earlier proceedings, the latter having been litigated between the same parties or their privies and having involved the same subject-matter. Ishwar Dutt v. Land Acquisition Collector, (2005) 7 SCC 190....
Monomorphic
Having but a single form retaining the same form throughout the various stages of development of the same or of an essentially similar type of structure opposed to dimorphic trimorphic and polymorphic...
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