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Unclaimed property

course, remains the property of the owner until his claim is barred by lapse of time. see LIMITATIONS. Special provisions are to be found in s. 9 (5) of the (English) Metropolitan Public Carriages Act, 1869 (32 … his own use is doubtful. The practice of the Metropolitan Police Authorities appears to be that after a reasonable time and efforts to find the owner, the property will be returned to the finder, subject to conditions

Assumpsit

was into (1) common or indebitatus assumpsit, brought for the most part on an implied promise; and (2) special assumpsit, founded on an express promise, Steph. Plead., 7th ed., 11, 13. … for breach of a promise; it lies for the recovery of damages for loss or injuries sustained by reason of the breach or non-performance of a promise, either express or implied, not under seal, but founded on

Frauds, Statute of

S. 4 now reads: No action shall be brought whereby to charge an executor or administrator upon any special promise, to answer damages out of his own estate; or whereby to charge the defendant upon any special … lease taking effect in possession for not more than three years, at the best rent which can be reasonably obtained without taking a fine; and by s. 3 grants and surrenders were required to be by deed

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Alibi

of alibi postulates the physical impossibility of the presence of the accused to the scene of offence by reason of his presence at another place. Denial by an accused of an assertion made by his employer that

Mandate

being founded in personal confidence, it is not presumed to pass to his representatives, unless there is some special stipulation to that effect. But if the mandate be partly executed, there may in some cases arise a … of his doings to the mandator. A mandator contracts to reimburse a mandatary for all expenses and charges reasonably incurred in the execution of the mandate, and also to indemnify him for his liability on all contracts

Expedient

the case'. In another shade, it means a device 'characterised by mere utility rather than principle, conducive to special advantage rather than to what is universally right' (see Webster's New International Dictionary), State of Gujarat v. Jamnadas … in the statute authorising modification, revocation under the circumstances would comprehend whatever is suitable and appropriate for any reason for the accomplishment of the specified object, Hotal Sea Civil v. State of West Bengal, (2002) 4 SCC

Equality

on the ground of religion, race, caste, sex and place of birth etc. However, the State can make special provision for reservation of posts for backward class citizens, Constitution of India, Art. 16(1), (2) & 4. The … 14. Equality of opportunity for unequals can only mean aggravation of inequality. Equality of opportunity admits discrimination with reason and prohibits discrimination without reason, State of Kerala v. N.M. Thomas, (1976) 2 SCC 310: AIR 1976 SC

Arbitration

an umpire (s. 5), the powers of arbitrators and of the Court (s. 8), the statement of a special case (s. 9). Arbitrators have power to order specific performance (s. 7), an amount will carry interest at … County Court, Morriston Tinplate Co. v. Brooker, (1908) 1 KB 403], if satisfied that there is no sufficient reason why the matter should not be referred and that the applicant was and is ready and willing to

Certifies

a strong word which requires the High Court to look closely into the case to see if any special consideration arise. If a case does not involve any question of law, then however difficult the question of … its mind to bear on the question and as in all cases of judicial orders and certificates, the reasons for the order must be apparent on the face of the order itself. The Supreme Court must be

Certify

on the mere ground that the impugned decision is considered to be erroneous. There must be exceptional or special circumstances like infringement of essential principles of justice or some difficult question of law of great public or … the grant are satisfied. It is, therefore, always desirable and expedient for the High Court to give its reasons for granting the certificate. That would assist this Court better in appreciating if the conditions pre-requisite are satisfied,

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