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Treating - Law Dictionary Search Results

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Silvics

The science treating of the life of trees in the forest...


Educated unemployed youth

Educated unemployed youth, the expression 'educated unemployed youth' has definite legal connotation. It denotes a class of citizens who after completing their education are faced with unemployment. Rule 223 (2) read with the note embodies a rule of preference. The question of grant of preference under the note beneath R. 223(2) can only arise when other conditions as regards suitability of the rival tenderers is equal. A student still undergoing his studies in a university be regarded as having completed his education or being 'unemployed' youth. When a person is still pursuing his course of studies in a university, there is no basis for treating him as an 'educated unemployed youth', Bishnu Ram Bohrah v. Parag Saikia, AIR 1984 SC 898 (904): (1984) 2 SCC 488. [Assam Excise Rules, 1945, R. 223]...


A requirement of the court

A requirement of the court, it is settled law that under Order 41, Rule 27(1)(b) of CPC, whenever the court finds difficulty in deciding an issue, it can direct additional evidence to be adduced, treating the need for evidence as 'a requirement of the court' for pronouncing a satisfactory judgment, A.P. State Wakf Board, Hyderabad v. All India Shia Conference (Branch) A.P., (2003) 3 SCC 528...


Child-bearing

Child-bearing. The English law admits of no presumption as to the time when a woman ceases to bear children, though this enters into most other codes, and the practice of the Courts in treating women of a certain age as past child-bearing is not a rule of law but is a mere rule of convenience in the administration fo estates; there is no legal impossibility in a woman 100 years old bearing a child; see Farwell on Powers, p. 295 and cases there referred to; Co. Litt. 40 b. The possibility of bearing a child after the age of fifty-four was recognized by the Court of Appeal in Corxton v. May, (1878) 9 Ch D 388, in a case where the woman had been married only three years....


Commutative justice and distributive justice

Commutative justice and distributive justice, Aristotle's doctrine of justice of equality is called by him commutative justice which requires at least two persons while distributive justice requires at least three. Relative equality in treating different persons while grating relief according to need, or reward and punishment according to merit and guilt is the essence of distributive justice. While in commutative justice the two persons confront each other as co-equals, there or more persons are necessary in distributive justice in which one, who imposes burdens upon or grants advantages to the others, is superior to them. 'Therefore, it presupposes an act of distributive justice which has granted to those concerned, equality to rights, equal capacity to act, equal status.' [The Legal Philosophies of Lask, Radbruch and Dabin, p. 74] According to Radbruch, 'distributive justice is the prototype of justice. In it we have found the idea of justice, toward which the concept of law must be...


Corrupt practices

Corrupt practices. At elections these are treating, un-due influence, bribery, personation, making a false declaration as to election expenses, and incurring election expenses without the election agent's written authority. See Parliamentary Elections Act, 1868 (31 & 32 Vict. c. 125), s. 3; (English) Corrupt and Illegal Practices Prevention Act, 1883 (46 & 47 Vict. c. 51), ss. 1-3, 33 (7); (English) Municipal Corporations Act, 1882; (English) Municipal Elections (Corrupt and Illegal Practices) Act, 1884 (47 & 48 Vict. c. 70), ss. 2, 1 (5); (English) Local Government Acts, 1888 (s. 75) and 1894 (s. 48); (English) Representation of the People Act, 1918, ss. 34, 35, 38 and (English) R. of the P. Act (No. 2), 1922. The (English) Municipal Elections (Corrupt and Illegal Practices) Act,1911, makes it an illegal practice to publish certain false statements concerning a candidate. See also (English) Local Government Act, 1933 (23 & 24 Geo. 5, c. 51), ss. 79 et seq.Corrupt practices at parliame...


Oxygenation

The act or process of combining or of treating with oxygen oxidation...


Equity of redemption

Equity of redemption. Before 1926 the equitable estate or interest left in a person after he had mortgaged his property. Now the right to call for a reconveyance of a legal estate or of an equitable interest in property from the mortgagee on payment of principal, interest and costs. A mort-gagee, although he has become absolute owner of a legal estate in the mortgaged property, on account of the breach of the condition for repayment of the loan within the strict time, is nevertheless compelled to reconvey the legal estate to the mortgagor, who applies to redeem it, on payment of the principal, interest, and costs, Equity treating the breach of the condition as a penalty, and the retention for the mortgagee's own benefit of that which was intended simply as a pledge, as contrary to substantial justice.The right or equity of redemption is an essential attribute of a mortgage; it is inherent in the thing itself, and any provision inserted in the mortgage to defeat the right is void as a '...


Partner

Partner, the definition is designed to confer equal benefits upon the minor by treating him as a partner; but it does not render a minor a competent and full partner. For that purpose, the law of Partnership must be considered, apart from the definition in the Income-tax Act, Commissioner of Income Tax v. Darkadas Khetan and Co., AIR 1961 SC 680 (683): (1961) 2 SCR 821....


Ragging

Ragging, any disorderly conduct whether by words spoken or written or by an act which has the effect of teasing, treating or handling with rudeness any other student, indulging in rowdy or indisciplined activities which causes or is likely to cause annoyance, hardship or psychological harm or to raise fear or apprehension thereof in a fresher or a junior student or asking the students to do any act or perform something which such student will not do in the ordinary course and which has the effect of causing or generating a sense of shame or embarrassment so as to adversely affect the physique or psyche of a fresher or a junior student. The cause of indulging in ragging is deriving a sadistic pleasure or showing off power, authority or superiority by the seniors over their juniors or freshers, President v. J. Mission v. Cabinet Secretary, AIR 2001 SC 2793 (2794): (2001) 6 SCC 577.Ragging, means the doing of any act which causes, or is likely to cause any physical, physiological harm or ...



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