Test Case - Law Dictionary Search Results
Minral
Minral, means 'the test of what is a minral is what, the date of the instrument in question, the word meant in … word meant in the vernacular of the mining world, the commercial world, and among land owners and in case of conflict this meaning must prevail over the purely scientific meaning, State of Mysore v. Swamy Satyanand Saraswati,
Weights and measures
Board to make regulations as to verification and stamping of weights and measures, obliteration of stamps, application of tests of accuracy, limits of error to be allowed, 'and generally for the guidance of local authorities,' but adds … machine which is false or unjust, shall be liable to a fine not exceeding 5l., or in the case of a second offence 20l. [as amended by the W. and M. Act, 1889], and any contract, bargain,
Material witness
Material witness, the test whether a witness is material for the present purpose is not whether he would have given evidence in … is so essential or not would depend on whether he could speak to any part of the prosecution case or whether the evidence led disclosed that he was so situated that he would have been able to
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Law and order and public order
Amiya Kumar Karmakar v. State of West Bengal, (1972) 2 SCC 672: AIR 1972 SC 2259 (2260). The test determining whether a particular activity affects law and order or whether it impinges upon public order is: Doses … society. Acts similar in nature, but committed in different contexts and circumstances, might cause different reactions. In one case it might affect specific individuals only, and therefore, touches the problem of law and order only, while in
Relevancy and admissibility
facts which are admissible may not be relevant, for example, questions permitted to be put in cross-examination to test the veracity or impeach the credit of witnesses, though not relevant are admissible. The probative value of the … be given to it which has to be judged having regard to the facts and circumstances of each case, Ram Bihari Yadav v. State of Bihar, (1998) 4 SCC 517: AIR 1998 SC 1850 (1852). [Evidence Act,
Constructive total loss
notice were given to him. See (English) Marine Insurance Act,1906 (6 Edw. 7, c. 41), ss. 55-263. One test is that a wrecked ship has become a constructive total loss if the cost of repairing her would … ultimate arrival under the terms of the policy, though not utterly hopeless, yet exceedingly doubtful. In such a case the assured, by giving notice within a reasonable time to the assurers of abandonment, i.e., the relinquishment of
Deed
to the facts which it sets forth between the parties to it and those claiming under them. (c) Testatum, * witnessing or operative clause, comprehending:- 1. The consideration and its receipt. When a deed contains more than … in indentures and contracts, but is generally placed in the last or peroration-clause in a deed-poll. In any case, even if there be no date, or an impossible date, the deed takes effect from its actual delivery,
Public Order Act, 1936
situate adjacent to or abutting on a public street, and not separated therefrom by a boundary wall. The test is whether members of the public have, as a matter of fact, a free access to it. If … entry is regulated by permission or is otherwise restricted, it is not a 'public place'. In the former case, it is immaterial that members of the public, have no legal right to claim access to that place.
Negligence
SC 2111. Negligence, is a tort, State of Harayana v. Santra, (2000) 5 SCC 182. Negligence, means 'the test is the standard of the ordinary skilled man exercising and professing to have that special skill. A man … the person charged with negligence has failed to comply with or perform in the particular circumstance of each case. A very convenient classification has been formulated corresponding to the degree of negligence entailing liability measured by the
Power
they are given. Trusts are always imperative and are obligatory upon the conscience of the party entrusted. The test is whether what is expressed by the testator is his direction intended to contract the conduct of the … person appointed by him should use his own discretion and act as he thought best. In the former case, it is a trust, whereas in the latter case, it is power. Powers may be general or limited
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