Situation - Law Dictionary Search Results
Home Dictionary Name: situationSituate
Having a site situation or location being in a relative position permanently fixed placed located as a town situated or situate on a hill or on the seashore...
Situation
Manner in which an object is placed location esp as related to something else position locality site as a house in a pleasant situation...
Change in fact-situation
Change in fact-situation, a substantial change which has a direct impact on the earlier decision and not merely cosmetic changes which are of little or no consequence, State of Maharashtra v. Buddhikota Subha Rao, 1989 Supp (2) SCC 605: 1989 Supp (1) SCR 315: AIR 1989 SC 2292 (2296). [Criminal Procedure Code (2 of 1974), ss. 436, 437]...
Emergency
Emergency, means a situation which is not normal, a situation which calls for urgent remedial action. Break-down of the Constitutional machinery in a State does gives rise to a situation of emergency, S.R. Bommai v. Union of India, AIR 1994 SC 1918 (2052): 1994(5) SCC 1.Emergency means situation which is not normal, situation which calls for urgent remedial action, Rameshwar Prasad v. Union of India, (2006) 2 SCC 1.Has to be laid before each House of Parliament, Constitution of India, Art. 352(4).'Proclamation of emergency arising out of war, external aggression or armed rebellion may be varied or revoked by subsequent proclamation, Constitution of India, Art. 352(2).In India, the President can issue proclamations to meet three types of emergencies viz., (i) emergency arising out of war, external aggression or armed rebellion, (ii) failure of Constitutional machinery in a State, and (iii) threat to financial stability or credit of India or any part of it.Is a situation in which the hea...
Appropriate State
Appropriate State, means-(i) in relation to a dealer who has one or more places of business situated in different States, every such State with respect to the place or places of business situated within its territory. (ii) in relation to a dealer who has places of business situated in different States, every such State with respect to the place or places of business situated within its territory. [Central Sales Tax Act, 1956 (74 of 1956), s. 2 (a)]...
Cause of action
Cause of action, a cause of action is a bundle of facts which are required to be pleaded and proved for the purpose of obtaining relief claimed in the suit. For the aforementioned purpose, the material facts are required to be stated but not the evidence except in certain cases where the pleading relied on any misrepresentation, fraud, breach of trust, wilful default or undue influence, Liverpool & London S.P. & I Assocn. v. M.V. Sea Success, (2004) 9 SCC 512 (562). [Civil Procedure Code, 1908, O. 7, R. 11(9)]--It is only that court in whose jurisdiction the 'cause of action' did arise will have Jurisdiction to entertain an application either under section 9 or under section 11 of the Act (Arbitration and Conciliation Act, 1996); Indian Iron and Steel Company Ltd. Kolkata v. Tiwari Roadlines, Hyderabad, AIR 2006 AP 1.Means every fact which it is necessary to establish to support a right to obtain a judgment, Prem Chand Vijay Kumar v. Yashpal Singh, (2005) 4 SCC 417.Is a bundle of facts...
Urban land
Urban land, means the land situated in such munici-pal area and the areas in the periphery there of as may be notified by the State Government and different limits of periphery areas may be notified for different classes of municipal areas. [Rajasthan Land Revenue Act, 2003, s. 3(h)]Urban land, means, (i) any land situated within the limits of an urban agglomeration and referred to as such in the master plan; or (ii) In a case where there is no master plan, or where the master plan does not refer to any land as urban land, any and within the limits of an urban agglomeration and situated in any areas included within the local limits of a municipality (by whatever name called), a notified area committee, town area committee. A city and town committee, a small town committee, a cantonment board or a panchayat, but does not include any such land which is mainly used for the purpose of agriculture, Union of India v. Valluri Basavaiah Chowdhary, AIR 1979 SC 1415: (1979) 3 SCC 324: (1979) 3 S...
necessity
necessity pl: -ties 1 a : the presence or pressure of circumstances that justify or compel a certain course of action ;esp : a need to respond or react to a dangerous situation by committing a criminal act b : an affirmative defense originating in common law that the defendant had to commit a criminal act because of the pressure of a situation that threatened a harm greater than that resulting from the act see also choice of evils defense at defense compare duress, undue influence 2 : something that is necessary esp. to subsistence [obligated to provide the necessities of food, clothing, and shelter] ...
opinion
opinion 1 a : a belief stronger than impression and less strong than positive knowledge b : a formal expression of a judgment or appraisal by an expert see also opinion testimony at testimony compare fact 2 a : advice or evaluation regarding the legal issues involved in a situation given by an attorney to a client [an of title] called also legal opinion see also opinion letter at letter b : an advisory opinion issued by an authorized public official (as an attorney general) or a recognized body (as the American Bar Association) 3 a : the formal written expression by a court or judge of the reasons and principles of law upon which the decision in a case is based compare holding, judgment, ruling advisory opinion : a nonbinding opinion or evaluation of a court or other judicial or quasi-judicial authority or body regarding the effect of the law on a situation that does not present an actual controversy between parties [to answer questions which were not brought before this Court...
servitude
servitude 1 : a condition in which an individual lacks liberty esp. to determine his or her course of action or way of life ;specif : the state of being a slave [involuntary ] see also Amendment XIII and Amendment XV to the Constitution in the back matter 2 : a right by which property owned by one person is subject to a specified use or enjoyment of another used chiefly in the civil law of Louisiana see also dominant estate and servient estate at estate compare easement apparent servitude : a predial servitude whose existence is perceivable by exterior signs or works (as an aqueduct or road) on the property legal servitude : a predial servitude that is created by a limitation under the law on the use of the property natural servitude : a predial servitude that arises from the situation of the estates (as from one being situated downhill from another) personal servitude : a servitude that burdens property in favor of a specific named person see also right of use, usufruct pre...
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