Shall Be Final - Law Dictionary Search Results
Counter-claim
right or claim, whether such set-off or counter-claim sound in damages or not, and such set-off or counterclaim shall have the same effect as across action, so as to enable the Court to pronounce a final judgment
Specific performance
so the means to it too should be informed by equity. That is why he who seeks equity shall do equity, K. Kalpana Sarsawathi v. P.G.S. Somasundram Chettiar, AIR 1980 SC 512 (513): (1980) 1 SCC 630. … on terms to ensure that equity is done to the opposite party even while granting the relief. The final end of law is justice, and so the means to it too should be informed by equity. That
Wholly and exclusively
. . laid out or expended wholly, necessarily and exclusively for the purposes of the business or profession shall be allowed . . . .'. The introduction of the word 'necessarily' in the above s. resulted in public … introduction of the word 'necessarily' in the above s. resulted in public protest. Consequently when s. 37 was finally enacted into law, the word 'necessarily' came to be dropped. The fact that somebody other than the assessee
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Dependant
Dependant, means a person who at the relevant time (a) is his spouse and spouse shall not be taken to include in this regulation a person who disputes an allegation that they are a … marriage of convenience by way of pursuing a statutory appeal under the Immigration Acts which has not been finally determined, R. (Kimani) v. Lambeth LBC (CA), (2004) 1 WLR 272.
Lis pendens
Judgments Act, 1839 (2 & 3 Vict. c. 11), s. 7, it was enacted that no lis pendens shall bind a purchaser or mortgagee without express notice thereof unless registered and re-registered as prescribed by the Act. … to be drawn off to other matters, and therefore a person was allowed to be ignorant of a final decree of the court made in a cause in which he was not concerned, see Price v. Price,
Hire
the use of it by the hirer during the period of the bailment; to do no act that shall deprive the hirer of the thing; to warrant the title and right of possession to the hirer, in … the service; to keep the thing in suitable order and repair for the purposes of the bailment; and, finally, to warrant the thing free from any fault inconsistent with the proper use or enjoyment of it. It
Bailment
as the delivery of goods by one person to another for some purpose, upon a contract that they shall be returned or otherwise disposed of according to the directions of the person delivering them, when the purpose is … the same condition in which it was seized, the position of the State Government until the order became final would be that of a bailee, State of Gujarat v. Memon Mahomed Haji Hasam, AIR 1967 SC 1885:
Criminal Appeal Act, 1907 (English)
to a determination, s. 16 contains provisions for taking shorthand notes, and is as follows:' (1) Shorthand notes shall be taken of the proceedings at the trial of any person on indictment who, if convicted,is entitled or may … by the rules made under it. [See (English) Criminal Appeal Rules, 1908]. The decision of the Court is final, unless the Director of Public Prosecutions, or the prosecutor or the defendant, obtains the certificate of the Attorney-General
Mesne process
33 Vict. c. 62), s. 6, it is enacted, that 'after the commencement of the Act a person shall not be arrested upon mesne process in any action.' Nevertheless, where a plaintiff has good cause of action … in the progress of a suit or action between its beginning and end, as contradistinguished from primary and final process. Thus, the capias or mesne process was issued after a writ of summons, which was the primary
Arbitration
future differences to arbitration, whether an arbitrator is named therein or not), 'unless a contrary intention is expressed, shall be irrevocable, except by leave of the Court or a judge, and shall have the same effect in all … are conferred and imposed by the submission, or the Arbitration Act, 1889 as amended. He is generally the final judge of law and facts; he is bound by the rules of law, and occupies a judicial position
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