Sustain - Law Dictionary Search Results
Home Dictionary Name: sustain Page: 2Insurance
Insurance, see, Income-tax Act, 1961 (43 of 1961), s. 80C, Expl. 1.Insurance, the act of providing against a possible loss, by entering into a contract with one who is willing to give assurance, that is, to bind himself to make good such loss should it occur. In this contract, the chances of benefit are equal to the insured and the insurer. The first actually pays a certain sum, and the latter undertakes to pay a larger, if an accident should happen. The one renders his property secure; the other receives money with the probability that it is clear gain. The instrument by which the contract is made is called a policy; the stipulated consideration, a premium. As to what is known as a coupon policy, i.e., a coupon cut out of a diary, etc., see General Accident, etc., Assce. Corpn. v. Robertson, 1909 AC 404.Insurable Interest must be possessed by the person taking out a policy; he must be so circumstanced as to have benefit from the existence of the person or thing insured, and some preju...
Damages
Damages, constitute the sum of money claimed or adjudged to be paid in compensation for loss or injury sustained, the value estimated in money, of something lost or withheld, Divisional Controller K.S.R.T.C. v. Mahadeva Shetty, (2003) 7 SCC 197 (202).The expression 'damages' is neither vague nor over-wide. It has more than one signification but the precise import in a given context is not difficult to discern. A plurality of variants stemming out of a core concept is seen in such words as actual damages, civil damages, compensatory damages, consequential damages, contingent damages, continuing damages, double damages, excessive damages, exemplary damages, general damages, irreparable damages, pecuniary damages, prospective damages, special damages, speculative damages, substantial damages, unliquidated damages. But the essentials are (a) detriment to one by the wrongdoing of another, (b) reparation awarded to the injured through legal remedies, and (c) its quantum being determined by t...
Consideration
Consideration. Any act of the promisee (the person claiming the benefit of an obligation) from which the promisor (the person burdened with the obligation) or a stranger derives a benefit or advantage, or any labour detriment or inconvenience sustained or suffered by the promisee at the request, express or implied, of the promisor. See Laythoarp v. Bryant, 3 Scott 250; 2 Wms. Saund 137 h; Currie v. Misa, (1875) LR 10 Exch 153.Consideration is one of the facts which the courts require as evidence of intention, (a) that a person intends his promise to be binding on him, or (b) that he intends to divest himself of a beneficial interest in property. In its widest sense consideration is the price, motive or inducement for a promise or for a transfer of property from one person to another. The nature or quality of the consideration which will be sufficient for these purposes varies with the nature of the transaction and in the absence of consideration the Courts will, except in the case of s...
Estovers, or estouviers
Estovers, or estouviers [fr. estoffer, Fr., to furnish, or festover, Fr., i.e., fovere, Lat., to keep warm, cherish, sustain, or defend]. Bote, any kind of sustenance; also a wife's alimony.Estoveria sunt ardendi, arandi, construendi et claudendi. 13 Rep. 68.--(Estovers are of firebote, ploughbote, housebote, and hedgebote.)Wood that a tenant is allowed to take for fuel, the manufacture or repair of agricultural instruments, and erection and maintenance of fences and lodges, Black's Law Dictionary....
Demurrer
Demurrer [fr. demoror, Lat.; or demorrer, Fr., to wait or stay], a pleading which admits the facts as stated in the pleading of the opponent, and referring the law arising thereon to the judgment of the Court, waits until by such judgment the Court decides whether he is bound to answer. 'The office of a demurrer is simply to state that the plaintiff has not made a sufficient case to entitle him to relief in equity', Wood v. Midgley, (1854) 5 De GM&G 44, per Turner, L.J.In civil matters this mode of pleading is abolished by R.S. C. 1883, Ord. XXV., r. 1, but subsequent rules of the same Order allow points of law raised on the pleading of any party to be disposed of before trial by order of the Court or a judge, and pleadings to be struck out if they disclose no reasonable cause of action.In criminal prosecutions a demurrer may be resorted to, when the fact as alleged is allowed to be true, but the defendant takes exception in point of law to the sufficient of the indictment or informati...
Float
Anything which floats or rests on the surface of a fluid as to sustain weight or to indicate the height of the liquid surface or mark the place of something...
Legitimate expectation
Legitimate expectation, However, the more important aspect is whether the decision-maker can sustain the change in policy by resort to wednesbury principles of rationality or whether the court can go into the question whether the decision-maker has properly balanced the legitimate expectation as against the need for a change, Punjab Communications Ltd. v. Union of India, (1999) 4 SCC 727.Legitimate expectation, is a latest recruit to a long list of concepts fashioned by the courts for review of administrative actions, Confederation of Ex-Servicemen Assns. v. Union of India, (2006) 8 SCC 399.It is still at a stage of evolution. The principle is at the root of the rule of law and requires regularity, predictability and certainty in the Government's dealings with the public. The procedural part of it relates to a representation that a hearing or other appropriate procedure will be afforded before the decision is made.Means the expectations may be based on some statement or undertaking by,...
Maintain
To hold or keep in any particular state or condition to support to sustain to uphold to keep up not to suffer to fail or decline as to maintain a certain degree of heat in a furnace to maintain a fence or a railroad to maintain the digestive process or powers of the stomach to maintain the fertility of soil to maintain present reputation...
Revetment
A facing of wood stone or any other material to sustain an embankment when it receives a slope steeper than the natural slope also a retaining wall...
Adjoining owner
Adjoining owner. An adjoining owner has a common law right to the support necessary to sustain his own land in its natural unincumbered state, Brown v. Robins (1859) 4 H. & N. 186; but only obtains a right to support for buildings by grant, express or implied, or by prescription (20 years); see Angus v. Dalton, (1881) 6 App. Cas. 740.By the (English) Lands Clauses Consolidation Act, 1845 (8 & 9 Vict. c. 18), upon the sale of superfluous lands (s. 127) adjoining owners have a right of pre-emption (s. 128).By the London Building Act, 1930 (21 Geo. 5, c. clviii.), s. 5, the expression 'adjoining owner' means the owner or one of the owners, and 'adjoining occupier' means the occupier or one of the occupiers of land, buildings, storeys or rooms adjoining those of the building owner; see Crosby v. Alhambra Co., (1907) 1 Ch 295. See ACCESS; PARTY-WALLS....
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