Section 324 - Law Dictionary Search Results
Home Dictionary Name: section 324 Page: 6Support
Support, to support a rule or order is to argue in answer to the arguments of the party who has shown cause against a rule or order nisi.The help which every landowner receives at the boundary of his land from his neighbour's land, which lies close to his and prevents its falling in and crumbling away, as it would do if his neighbour dug away the surface of his land to the very edge, Goddard on Easements. The right of an owner to the support of surface in its natural position is a presumption of Common Law and not part of a grant of mines or power to work the same, and a power to let down the surface must be expressly granted in a lease, Warwickshire Coal Company v. Coventry Corporation, 1934 Ch 488. As to the right of support for buildings, see, further, the leading case of Dalton v. Angus, (1881) 6 App Cas 740, in which it was held by the House of Lords that there is natural right to lateral support for buildings. This is an easement which may be acquired by twenty years' uninterrupt...
Interlocutory application
Interlocutory application, is nothing but an applica-tion in the course of an action. It is a request made to a court for its interference in a matter arising in the progress of proceeding, Harihar Nath v. State Bank of India, (2006) 4 SCC 457: (2006) 4 JT 241: (2006) 4 SCALE 43: (2006) 3 Supreme 324: (2006) 3 Supreme 566: (2006) 3 SLT 335: (2006) 5 SCJ 21: (2006) 5 SCJD 587: (2006) 5 SRJ 229: (2006) 131 Comp Cas 119 (Civil Procedure Code, 1908, s. 94 & O. 39, r. 1)....
Election
Election, the word 'election' means any and every act taken by the competent authority after the publication of the election notification, Manda Jaganath v. K.S. Rathnam, (2004) 7 SCC 492: AIR 2004 SC 3601 (3604).The act of selecting one or more from a greater number for an office.The exercise of his choice by a man left to his own free will to take or to do one thing or another. It is the obligation imposed upon a person to choose between two inconsistent or alternative rights or claims. Thus, in Scarf v. Jardine, (1882) 7 App Cas 345, the House of Lords held that a customer could not sue a new firm after having elected to sue a retiring partner.Electio semel facta et placitum testatum non patitur regressum. Quod semel placuit in electionibus amplius displicere non potest. Co. Litt. 146, 146 a.--(Elections once made and plea witnessed suffers not a recall. What has once pleased a man in elections cannot displease him on further consideration.) See also Re Simms, Ex p. Trustee, 1934 Ch...
Injury
Injury, any damage done to another, either in his person, rights, reputation, or property, for which an action lies at law.Injury has been defined in s. 44 of the Penal Code as denoting 'any harm whatever illegally caused to any person, in body mind, reputation or property, S. Harnam Singh v. State (Delhi Admn), AIR 1976 SC 2140 (2145): (1976) 2 SCC 819. (Penal Code, 1860, s. 44)The word 'injury' denotes any harm whatever illegally caused to any person, in body, mind, reputation or propery. (Penal Code, 1860, s. 44)Injury, Black's Law Dictionary contains the definition for the word 'Injury' (at p. 706 in the 5th Edn.) as 'any wrong or damage done to another either to his person, rights reputation or property'. The alternative meaning given therein is: 'The invasion of any legally protected interest of another'.Injury as 'any harm whatever, illegally caused to any person in body, mind, reputation or property'. [See Indian Penal Code, 1860] word 'Injury' in s. 23 of the Contract Act shou...
Chairman
Chairman, 'Chairman' according to the Concise Oxford Dictionary means a person chosen to preside over meetings, e.g., one who presides over the meetings of the Board of Directors. In Black's Law Dictionary, 6th Ed., p. 230, the same expression is defined as a name given to a Presiding Officer of an assembly, public meeting, convention, deliberative or legislative body, board of directors, committee, etc. Similar meanings have been attributed to that expression in Ballentine's Law Dictionary, 3rd Ed., pp. 189-190, Webster's New Twentieth Century Dictionary, Unabridged, 2nd Ed., p. 299, and Aiyer's Judicial Dictionary, 11th Ed., p. 238. The function of the Chairman would, therefore, be to preside over meetings, preserve order, conduct the business of the day, ensure that precise decisions are taken and correctly recorded and do all that is necessary for smooth transaction of business. The nature and duties of this office may vary depending on the nature of business to be transacted but b...
Chief Election Commissioner
Chief Election Commissioner, 'Chief Election Commissioner' means the Chief Election Commissioner appointed under Article 324 of the Constitution [Chief Election Commissioner and Other Election Commissioners (Conditions of Service) Act, (11 of 1991), s. 2(a)]...
Conduct of elections
Conduct of elections, the phrase 'conduct of elec-tions' is held to be of wide amplitude which would include power to make all necessary provisions for conducting free and fair elections, Union of India v. Association for Democratic Reforms, AIR 2002 SC 2112 (2120): (2002) 5 SCC 294. [Constitution of India, Art. 324]...
Dominating
Dominating, the word 'dominating'indicates something more than merely forming a majority, R.C. Poudyal v. Union of India, 1994 Supp (1) SCC 324: AIR 1993 SC 1804 (1830)....
Description
Description, year of the make and the particulars of the model are part of the description, Subhash Chandra v. State of U.P., (1980) 2 SCC 324: AIR 1980 SC 800: (1980) 2 SCR 1024. [Motor Vehicles Act, 1939, s. 48(3)]Is a representation that gives to another a view of a thing intended to be represented....
An error of law on the face of the award
An error of law on the face of the award, means one can find in the award or a document actually incorporated thereto, as for instance a note appended by the arbitrator stating the reasons for his judgment, some legal proposition which is the basis of the award and which you can then say is erroneous, Champsex & Co. v. Jivraj Balloo Spg. and Wvg. Co. Ltd., (1922-23) 50 IA 324: AIR 1923 PC 66....
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