State V Will - Law Dictionary Search Results
Malice
-means ill-will or spite towards a party and any indirect or improper motive in taking an action, Punjab State Electricity Board Ltd. v. Zora Singh, AIR 2006 SC 182. 'Malice' in common acceptation, means and implies spite
Cause of action
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 … 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
Perpetuity
period fixed and prescribed by law for the creation of future estates and interests, Walsh v. Secretary of State for India, (1863) 10 HLC 367. Perpetuity, unlimited duration; exemption from intermission or ceasing, where, though all who … and of either real or personal property which is not to vest until after the expiration of, or will not necessarily vest within the period fixed and prescribed by law for the creation of future estates and
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Rape
her will; or of a woman child, under that age, with or against her will' (Hale PC 628), State of Madhya Pradesh v. Munna Choubey, (2005) 2 SCC 710 (713). (Penal Code, 1860, s. 375) At common
Reason to believe
1969 Cal 431. Means coming to the conclusion on the basis of the information that a thing, condition, statement or fact exists. It only means facts which prima facie will convince any reasonable person under the circumstances … subjective satisfaction. The belief must be held in good faith; it cannot be merely a pretence, S. Narayanappa v. CIT, Bangalore, AIR 1967 SC 523: (1967) 65 ITR 219: 1967 1 SCJ 161. Reason to believe, does
Market value
the carrying out of the scheme for which the property is compulsory acquired, Thakur Kanta Prasad Singh v. State of Bihar, AIR 1976 SC 2219: (1976) 3 SCC 772: (1976) 3 SCR 585; Prithvi Raj Taneja v. … 1973 SC 305: (1973) 2 SCR 720: (1973) 1 SCC 109. Market value means the price that a willing purchaser would pay to a willing seller for the property having due regard to its existing condition with
Abduction
abducting , and whenever these elements are present the clause will be applicable (Penal Code 1860), Vishwanath v. State of Uttar Pradesh, (1960) 1 SCR 646: AIR 1960 SC 67. Takes place when a person is compelled
Voluntary
without coercion, whether from fear of any threat of harm, promise, or inducement or any hope of reward, State v. Mullin, 85 NW 2d 598, see also Words and Phrases, Permanent Edn., Vol. 44, p. 622. Means that … relating to the charge in the sense that it implies that the accused's position in the contemplated proceedings will or may be better or worse according to whether of not the statement is made, R. v. Power,
Service
not only the general motor service, but also the species of motor service, Adarsh Travels Bus Service v. State of U.P., AIR 1986 SC 319: (1985) 4 SCC 557: (1985) Supp 3 SCR 661. The expression 'service' … copy of the writ to the defendant, and producing the original if required by him; and actual knowledge will not be equivalent to or dispense with a necessity for personal service [Re Tuck, (1906) 1 Ch 692].
Shop
it a shop. Normally, one associates the term shop with customers where there is no commercial activity, there will be no occasion for a customer to deal with that office, Darash Ltd. v. Employees State Insurance Corporation, … Shops and Establishments Act, 1948, s. 2(27)] Shop, an agency is neither a shop nor a commercial establishment, State v. Brijlal Gulati, AIR 1961 All 79. Shop, is a place where services are sold on retail basis, Employees'
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