Same Subject Matter - Law Dictionary Search Results
Home Dictionary Name: same subject matter Page 1 of about 90 results (0.004 seconds)Same subject matter
Same subject matter, the expression 'same subject-matter' includes the cause of action and relief claimed, AIR 1972 Guj 63 (65). (Civil PC, 1908, O. 23, R. 2)...
Inconsistent
Inconsistent, 'inconsistent', according to Black's Legal Dictionary, means mutually repugnant or contradictory; contrary, the one to the other so that both cannot stand, but the acceptance or establishment of the one implies the abrogation or abandonment of the other'. So we have to see whether mutual co-existence between s. 34 of the Bonus Act and s. 3(b) of the U.P. Act is impossible. If they relate to the same subject-matter, to the same situation, and both substantially overlap and are co-extensive and at the same time so contrary and repugnant in their terms and impact that one must perish wholly if the other were to prevail at all - then, only then, are they inconsistent, Basti Sugar Mills Co. Ltd. v. State of U.P., AIR 1979 SC 262 (269): (1979) 2 SCC 88: (1979) 1 SCR 590. [U.P. Industrial Disposes Act, 1947, s. 3(b)(c); Payment of Bonus Act, 1965, s. 34]According to Black's Legal Dictionary means 'mutually repugnant or contradictory, contrary, the one to the other so that both c...
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] ...
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place, the warrantor would substitute an equivalent estate in its place-see Co. Litt. 365 a. In that form it has been superseded in practice by 3 & 4 Wm. 4, cc. 27 (s. 39) and 74 (s. 14).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, ...
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....
repugnancy
repugnancy pl: -cies 1 : the quality or fact of being inconsistent, irreconcilable, or in disagreement ;specif : a contradiction or inconsistency between sections of a legal instrument (as a contract or statute) [if two acts which cover the same subject matter are repugnant…, the latter operates to the extent of the as a repeal of the former "In re Miller, 107 F. Supp. 1006 (1952)"] 2 : an instance of contradiction or inconsistency ...
Concurrent jurisdictions
Concurrent jurisdictions, the jurisdiction of several different tribunals, both authorized to deal with the same subject-matter at the choice of the suitor. Inequity, the jurisdiction was concurrent where no complete relief was obtainable at law. It was exercised in order to avoid circuity of action or multiplicity of suits. See UNSOUND MIND....
Expressum facit cessare tacitum
Expressum facit cessare tacitum. Co. Litt. 210 a.-(What is expressed makes what is implied to cease.) See Broom's Max. Where a deed contains express covenants, no implication of any other covenants on the same subject-matter can be raised, Nokes's Case, (1599) 4 Rep 80 b; Stephens v. Junior Army and Navy Stores, (1914) 2 Ch 526....
Court
Court, compensation officer appointed under (English) Bihar Land Reforms Act, 1950 is not a 'Court' within the meaning of s. 195(1)(b) of the Code of Criminal Procedure Code 1973, Keshab Moroyan Banerjee v. State of Bihar, AIR 2000 SC 485 (490). [Bihar Land Reforms Act (30 of 1950), s. 19]Court, means the principle civil court of original jurisdiction in a district and including the High Court in exercise of the ordinary original civil jurisdiction, having jursidiction to decide the questions forming the subject matter of suit, but does not incude any civil court of a grade inferior to such civil court or any court of small causes.S. 2(*) Arbitration and Conciliation Act, 1996, Raipur Development Authority v. Sarin Construction Company, Raipur, AIR 2006 Chattisgarh 12.The tribunal which is to exercise the jurisdiction for executing the decree in question is 'a court' within the scope of s. 45C of the Banking Companies Act, Ram Narain v. Simla Banking and Industrial Co. Ltd., AIR 1956 S...
Title, Covenants for
Title, Covenants for. In every conveyance of real or personal property expressed to be conveyed by the instrument of conveyance made on or after the 1st January, 1882, and in regard to assents by personal representatives, after 1925, of land, certain 'covenants for title' (being for the most part usually expressed in the conveyance before that date), of which the following is an abstract, are implied by virtue of the 7th s. of the (English) Conveyancing Act, 1881 (44 & 45 Vict. c. 41), replaced and extended by the (English) Law of Property Act, 1925, s. 76, and 2nd Sch., but in the following cases A and B the covenants are limited, while in cases C and D they are unqualified and absolute, see David v. Sabin, (1893) 1 Ch 523:-(A) In a conveyance for valuable consideration other than a mortgage by a person expressed to convey as beneficial owner:-That, notwithstanding anything done, omitted, etc., by the person conveying, or anyone through whom he derives title otherwise than by purchase...
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