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Frauds, Statute of
the statute was to take away the facilities for fraud and the temptation to perjury which arose in verbal obligations, the proof of which depended upon unwritten evidence. The greater part of the Statute of Frauds has … 23); and Judicature Act, 1925 (15 & 16 Geo. 5, c. 49), s. 162. There now remain in force s. 4 (amended), ss. 10, 11 and 23 and 24 (though repealed as to deaths occurring after 1925),
Workmen's Compensation Act
(2)]; contracting out is not allowed except under a scheme made under the Act [s. 1 (3)] Notice, verbal or written, is necessary (s. 14) within six months from the accident, or in case of death, from … business, and not engaged or paid by a club for games or recreation; (c) members of a police force; (d) out workers; (e) a member of the employer's family living in his house; (f) in the naval,
Public servant
committee of a muni-cipality is a 'public servant' within the meaning of the s. 2; Maharudrappa Danappa Kesarappanavar v. State of Mysore, AIR 1961 SC 785: (1962) 1 SCR 129. (ii) The Minister is a 'public servant'. … the provisions of these sections would clearly reveal that once the respondent was transferred to the Auxiliary Air Force he retained his character as a public servant because he has required to undergo training and to be
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Competent authority
the safety of civil aviation, Air Navigation Order 1989, SI 1989/2004, Art. 106(1) (UK) Halsbury's Laws of England, Vol. 2, para 1347, p. 665. Means any authority authorised by the State Government by notification in the Official … (32 of 1966), s. 2 (c)] Means any authority competent under any law for the time being in force to register any company, firm or other body of persons or any trademark or design or to grant
Precedent
a question before a court has been decided is alone binding as a precedent, Uttaranchal Road Transport Corporation v. Mansaram Nainwal, (2000) 6 SCC 366. A precedent acquirers added authority from lapse of time, the longer a … 3512. Precedent, when not binding. If is rendered in ignorance of a statute or a rule having the force of statute, Young v. Bristol Aeroplane Co. Ltd., (1944) KB 729: (1944) 2 All ER 293. Precedents, authorities
Custom
of our ancestors has been and daily is put in practice' (Les Termes de la Ley). In Lockwood v. Wood, 6 QB 50, Tindal C.J., at p. 64 says that it is 'in effect , the Common … of Trade. See CUSTOM OF THE COUNTRY; USAGE. A custom, in order to be binding, must derive its force from the fact that by long usage it has obtained the force of law, but the English rule
Goodwill
of business or its name or style, everything connected with or carrying the benefit of the business, Ramnik Vallabhdas Madhwani v. Taraben Pravinlal Madhwani, (2004) 1 SCC 407: AIR 2004 SC 1084 (Partnership Act, 1932, s. 55). … and crystallising traditions in the business. It has been described in terms of a magnet as the 'attracting force', In terms 'differential return of profit'. Philosophically it has been held to be intangible. Though immaterial, it is
Jury
corporations, etc., governors of prisons, superintendents of asylums, registered medical practitioners, chemists, dentists, officers and members of H.M. forces, servants of Post Office, Customs, and Inland Revenue, H.M. Household, Masters of Trinity House and members of the … 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
Shall
conspectus of circumstances bearing on the importance of the condition have all to be considered before condemning a violation as fatal, State of Punjab v. Shamlal Murari, (1976) 1 SCC 719. Shall, does not always mean that … of law is mandatory or directory. But the circumstance that the legislature has used a language of compulsive force is always of great relevance and in the absence of anything contrary in the context indicating that a
Disentailing Deed
9th Schedule to the L. P. Act, 1924, the Fines and Recoveries Act, 1833, as amended, remains in force in regard to dealings with entailed interests as equitable interests. By the L. P. Act, 1925, s. 133,
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