Specific - Law Dictionary Search Results

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Specific performance

Specific performance. Equity, in obedience to the cardinal rule of natural justice that a person should perform his agreement enforces, pursuant to a regulated and judicial discretion, the actual accomplishment of a thing stipulated for, on the ground that what is lawfully agreed to be done ought to be done, and that damages at law for breach of the contract are not a sufficient com-pensation. The Common Law has not recognized this principle; it has only given damages to a suffering party for the non-performance of an executory agreement. The (English) C.L.P. Act, 1854, however, imparted to the Common Law writ of mandamus a little more efficacy by provisions since superseded by s. 24 of the Judicature Act, 1873, now by Judicature Act, 1925, s. 36, and the (English) Mercantile Law Amendment Act, 1856, introduced a procedure for enforcing the specific delivery of goods sold, specially superseded by s. 52 of the (English) Sale of Goods Act, 1893.An award of damages may be combined with a ...

Specific movable property

Specific movable property, the words specific movable property' occurring in art. 49 of the Limitation Act can mean only such specific items of movable property in respect of which the plaintiff is entitled to claim immediate possession in specific from the defendant who has either wrongfully taken or is wrongfully withholding them from him, Raghunath Das v. Gokal Chand, AIR 1958 SC 827 (830): (1959) SCR 811....

Specific

Specific, what is precise, exact, definite and explicit, is 'specific'. Sometimes, what is specific may also be special but yet they are distinct is semantics, Maru Ram v. Union of India, AIR 1980 SC 2147: (1981) 1 SCC 107: (1981) 1 SCR 1196.1. Of relating to, or designating a particular or defined thing; explicit 2. Of or relating to particular named thing 3. Conformable to special require-ment, Black's Law Dictionary, 7th Edn., p. 1406...

Specific provision to the contrary

Specific provision to the contrary, in the absence of any specific provisions to the contrary, the purpose of the Haryana legislature as well as of the Parliament in enacting the Haryana Children Act and the central Children Act (Act 60 of 1960) respectively was to give separate treatment to delinquent children in trial, conviction and punishment for offences including offences punishable with death or imprisonment for life. S. 27 is not 'a specific provision to the contrary', within the meaning of s. 5 of the Act; the intention of the Parliament was not to exclude the trial of delinquent children for offences punishable with death or imprisonment for life, inasmuch as s. 27 does not contain any expression to the effect 'notwithstanding anything contained in any Children Act passed by any State legislature'. Parliament certainly was not unaware of the existence of the Haryana Children Act coming into force a month earlier or the central Children Act coming into force nearly fourteen ye...

Specification

Specification, a particular and detailed account of a thing; also, a description of a patent with the object of putting the public in full possession of the inventor's secret, so that any person may be in a condition to avail himself of it when the period of exclusive privilege has expired. See LETTERS-PATENT.As to indexes of specifications for the public use, see s. 46 of the Patents and Designs Act, 1907 (as amended by the Patents and Designs Act of 1932); and s. 7 for official investigation of old specifications of less than fifty years' date on application for a patent.It means a description of an article or process as far as practicable by reference to its nature, quality, strength, purity, composition, quantity, dimensions, weight, grade, durability, origin, age, material, mode of manufacture or other characteristics to distinguish it from any other article or process. [Bureau of Indian Standards Act, 1986 (63 of 1986), s. 2(s)...

By way of specific charge

By way of specific charge, means a specific charge is one that without more fastens on ascertained and definite property or property capable of being ascertained and defined, a floating charge, on the other hand, is ambulatory and shifting in its nature, hovering over and so to speak floating with the property which it is intended to affect until some event occurs or some act is done which causes it to settle and fasten on the subject of the charge within its reach and grasp, Spectrum Plus Ltd. (in re:) (in Liquidation), (2004) LR 337 (CA): (2004) EWHC 9: (2004) EWCA Civ 670...

Performing specific services

Performing specific services, with reference to a trade, professional or similar association, the 'performing of specific services' under s. 10(6) of the Indian Income Tax Act, 1922, means confirming on its members some tangible benefit which otherwise would not be available to them as such, except for payment received by the association in respect of those services, Commissioner of Income Tax v. Calcutta Stock Exchange Association Ltd., AIR 1951 SC 763 (768): (1959) Supp 2 SCR 459....

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