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Home Dictionary Name: same case Page: 2Agriculture
Agriculture, the term 'agriculture' has been defined in various dictionaries both in the narrow sense and in the wider sense. In the narrow sense agriculture is cultivation of the field. In the wider sense it comprises all activities in relation to land including horticulture, forestry, breeding and rearing of livestock, dairying, butter and cheese-making, husbandry, etc. Whether the narrower or the wider sense of the term 'agriculture' should be adopted in a particular case depends not only upon the provisions of the various statutes in which the same occurs but also upon the facts and circumstances of each case, Maheshwari Seed Farm v. T.N. Electricity Board, (2004) 4 SCC 705 (711): AIR 2004 SC 2341.Agriculture includes horticulture, fruit growing, seed growing, dairy farming and livestock breeding and keeping, the use of land as grazing land, meadow land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the framing of land for othe...
Mutual dealing
Mutual dealing, Mutual Credit or mutual dealings under s. 46, Provincial Insolvency Act, means reciprocal demands which must be naturally terminated in a debt. In a case where there are reciprocal demands available by one party against the other in the same capacity, it is a clear case of mutual dealings, in which a set-off is a matter of course, H. Naik v. Panchanan Das, ILR 1952 Cut 307; see also Aiyar's Judicial Dictionary, 11th Edn., 1992, p. 782....
Surety and guarantor
Surety and guarantor, are both answerable for debt, default, or miscarriage of another but liability of guarantor is, strictly speaking, secondary, and collateral, while that of surety is original, primary and direct. In case of suretyship there is but one contract; and surety is bound by the same agreement which binds his principal, while in case of guaranty there are two contracts and guarantor is bound by independent undertaking, Amulya Lal Choudhury v. Tripura Industrial Development Corporation, AIR 2007 Gau 113....
Broker
Broker [fr. broceur, Fr., a person who breaks into small pieces], (1) an agent employed to make bargains and contracts between other persons in matters of trade, commerce and navigation, by explaining the intentions of both parties, and negotiating in such a manner as to put those who employ him in a condition to treat together personally; (2) and, more commonly, an agent employed by one party only to make a binding contract with another.There are various sorts of brokers now employed in commercial affairs, whose transactions form, or may form, a distinct and independent business. Thus, for example, there are exchange and money-brokers, stock-brokers, ship-brokers, and insurance-brokers, who are respectively employed in buying and selling bills of exchange, or promissory notes, railway scrip, goods, stocks, ships, or cargoes; or in procuring freights or charter-parties. By custom or usage brokers may become personally liable on contracts made by them on behalf of principals where the p...
VerbarHomoioptoton
A figure in which the several parts of a sentence end with the same case or inflection generally...
sever
sever sev·ered sev·er·ing 1 : to end (a joint tenancy) by ending one or all of the unities of time, title, possession, or interest (as by conveying one tenant's interest to another party) 2 : to separate (as a contract) into different parts (as independent obligations) in order to treat each separately 3 a : to try (criminal offenses or defendants) separately in order to avoid prejudice b : to split (a criminal trial) into multiple trials in order to avoid prejudice c : to try (civil claims or issues pleaded in the same case) separately sev·er·ance [se-vrəns, -və-rens] n ...
Limitation of actions and prosecutions
Limitation of actions and prosecutions. By various statutes, of which the first was 21 Jac. 1, c. 16, the (English) Limitation Act, 1623, and the principal succeeding ones, the Real Property Limitation Act, 1833 (3 & 4 Will. 4, c. 42), the (English) Civil Procedure Act (3 & 4 Will. 4, c. 27) [see Read v. Price, (1909) 2 KB 724], and 37 & 38 Vict. c. 57, the (English) Real Property Limitation Act, 1874, certain periods are fixed within which, upon the principle Interest reipublic' ut sit finis litium, particular actions must be brought or proceedings taken.In the case of simple contract the remedy on the contract is barred, leaving the creditor free to enforce his claims by other means which may be still available, such as enforcing a lien, subsequent acknowledgment by the debtor or appropriation of payments, but not by way of set-off (9 Geo. 4, c. 14, s. 3). In regard to land, the right to it is destroyed after the statutory period and neither re-entry nor acknowledgment after the laps...
Jury
Jury [fr. jurata, Lat.; jure, Fr.], a number of persons sworn to deliver a verdict upon evidence delivered to them touching the issue.Trial by jury may be traced to the earliest Anglo-Saxon times. One of the judicial customs of the Saxons was that a man might be cleared of an accusation of certain crimes, if an appointed number of persons (juratores, or more properly compurgatores) came forward and swore to a veredictum, that they believed him innocent. It is remarkable that for accusations of any consequence among the Saxons on the continent, twelve juratores was the number required for an acquittal. Similar customs may be observed in the laws of Athens and Rome, where dikaotai and judices answer to jurors, an of the continental Angli and Frisiones, though the number of jurors varied.See, as to the introduction and growth of trial by jury in England, Forsyth's History of Trial by Jury; and for comments on and proposed amendments of the law, see Erle's Jury Laws and their Amendment, pu...
Cross cases
Cross cases, it is a salutary practice, when two criminal cases relate to the same incident, they are tried and disposed of by the same court by pronouncing judgments on the same day. Such two different versions of the same incident resulting in two criminal cases are compendiously called 'case and counter case' by some High Court and 'cross cases' by some other High Courts, Sudhir v. State of Madhya Pradesh, (2001) 2 SCC 688: AIR 2001 SC 826 (827). [Criminal Procedure Code, 1973, s. 408]...
Purchaser
Purchaser, a buyer, a vendee; also the root of descent, from whom, under the (English) Inheritance Act, 1833, the descent was in every case to be traced, before 1926, and now, as to a limitation to the heir taking effect as purchaser (see previous title, and (English) L.P. Act, 1925, s. 132).The statute enacts that in every case descent shall be traced from the purchaser; and to the intent that the pedigree may never be carried further back than the circumstances of the case and the nature of the title shall require, the person last entitled to the land (which expression extends to the last person who had a right thereto, whether he did or did not obtain the possession or the receipt of the rents and profits thereof (s. 1)), is, for the purposes of the Act, to be considered to have been the purchaser thereof, unless it shall be proved that he inherited the same, in which case the person from whom be inherited the same shall be considered to have been the purchaser, unless it shall be p...
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