Same Matter - Law Dictionary Search Results
Home Dictionary Name: same matter Page: 3 Page 3 of about 70 results (0.004 seconds)Distinct matters and descriptions
Distinct matters and descriptions, in its popular sense, the expression 'distinct matters' would connote something different from distinct 'categories'. Two transactions might be of the same description, but all the same, they might be distinct, Member Board of Revenues v. Arthur Paul Benthall, AIR 1956 SC 35. [Stamp Act, (2 of 1899), ss. 4, 5, 6]...
Distinct matters
Distinct matters, the expression 'distinct matters' would connote something different from distinct 'categories'. Two transactions might be of the same description, but all the same, they might be distinct, Board of Revenue v. Andhra Pradesh Benthall, AIR 1956 SC 35 (38)...
Any
Any, the word 'any' has the following meaning:some; one of many; and indefinite number. One indiscriminately or whatever kind or quantity.Word 'any' has a diversity of meaning and may be employed to indicate 'all' or 'every' as well as 'some' or 'one' and its meaning in a given statute depends upon the context and the subject- matter of the statute. It is often synonymous with 'either', 'every' or 'all'. Its generality may be restricted by the context;' (Black's Law Dictionary, 5th Edn.), Shri Balaganesna Metals v. M. N. Shanmugham Chetty, (1987) 2 SCC 707 (718): AIR 1987 SC 1668. [T. N. Buildings (Lease and Rent Control) Act, 1960 (18 of 1960) s. 10(3)(c)]The word 'any' dictionary means 'one or same or all'. In Black's law Dictionary it is explained thus, 'word any' has a diversity of meaning and may be employed to indicate 'all' or 'every' as well as 'same' or 'one' and its meaning in a given statute depends upon the context and subject matter of the statute. The use of the word 'any...
priority
priority pl: -ties : precedence in exercise of rights in the same subject matter [secured interests have over unsecured ones] adj 1 : having precedence over another in the exercise of rights in the same subject matter [a creditor] [a claim] 2 : of or relating to priority [a contest] ...
Equality of opportunity
Equality of opportunity, the concept of equality can have no existence except with reference to matters which are common as between individuals, between whom equality is predicated. Equality of opportunity in matters of employment can be predicated only as between persons, who are either seeking the same employment, or have obtained the same employment, All India Station Masters and Asst. Station Masters, Asson. v. G.M., Central Railway, AIR 1960 SC 384: (1960) 2 SCR 311. (Constitution of India, Art. 16)...
Mutatis mutandis
Mutatis mutandis, implies applicability of any provision with necessary changes in points of detail, Prahlad Sharma v. State of U.P., (2004) 4 SCC 113.Mutatis mutandis, means 'with the necessary changes in points of detail, Earl Jowitt's the Dictionary of English Law (1959), Mariyappa v. State of Karnataka, (1998) 3 SCC 276: AIR 1998 SC 1334Mutatis mutandis. With the necessary changes in points of detail.Earl Jowitt's The Dictionary of English Law (1959) defines 'mutatis mutandis as 'with the necessary changes in points of detail'. Black's law Dictionary (Revised 7th Edn., 1999 at p. 1039) defines 'mutatis mutandis' as 'with the necessary changes in points of detail, meaning that matters or things are generally the same, but to altered when necessary, as to names, offices, and the like, Houseman v. Waterhouse. In Bouvier's Law Dictionary (3rd Revision, Vol. II), the expression, 'mutatis mutandis' is defined as 'The necessary changes. This is a phrase of frequent practical occurrence, m...
Calling attention
Calling attention, in Indian Parliament, a member may, with the previous permission of the Speaker, call the attention of a minister to a matter of urgent public importance and request a statement thereon, Rules of Procedure and Conduct of Business in Lok Sabha, 2002, R. 197(2), Proviso (LS).Only matters concerning the Government of India can be raised through a Calling Attention Notice, the notice must be given on the same day on which a matter has arisen or become publicly known, Rules of Procedure and Conduct of Business in Lok Sabha, 2002, R. 197(2), Proviso (LS).In the Lok Sabha not more than five members whose names are shown in the list of business are allowed to ask clarificatory questions, Rules of Procedure and Conduct of Business in Lok Sabha, 2002, R. 197(2), Proviso (LS)....
Warranty
Warranty, a guarantee or security; formerly a promise or covenant by deed by the bargainer, for himself and his heirs, to warrant and secure the bargainee and his heirs against all persons for the enjoying of the thing granted accompanied by a promise, express or implied, that if eviction should take place, the warrantor would substitute an equivalent estate in its place-see Co. Litt. 365 a. In that form it has been superseded in practice by 3 & 4 Wm. 4, cc. 27 (s. 39) and 74 (s. 14). See RECOVERY.More generally, a warranty is any agreement either accompanying a transfer of property, or collateral to the contract for such transfer, see Lawrence v. Cassell, (1930) 2 KB 83, and Miller v. Cannon Hill Estates Ltd., (1931) 2 KB 113, or to any other agreement or transaction, and in so far as it is a contract a warranty does not differ from any other contractual promise. A warranty may be express or implied by law or statute.For instances of implied warranties, see that title, CAVEAT EMPTOR, ...
Goods
Goods, Computer programs are the product of an intellectual process, but once implanted in a medium they are widely distributed to computer owners. An analogy can be drawn to a compact-disc recording of an orchestral rendition. The music is produced by the artistry of musicians and in itself is not a 'good', but when transferred to a laser-readable disc it becomes a readily merchant-able commodity. Similarly, when a professor deliv-ers a lecture, it is not a good, but, when transcribed as a book, it becomes a good. That a computer program may be copyrightable as intellectual property does not alter the fact that once in the form of a floppy disc or other medium, the program is tangible, moveable and available in the marketplace. The fact that some programs may be tailored for specific purposes need not alter their status as 'goods' because the Code definition includes 'specially manufactured goods', Advent Systems Ltd. v. Unisys Corpn., 925 F. 2d 670 3dCir 1991. Associated Cement Compa...
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....
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