Variance - Law Dictionary Search Results
Home Dictionary Name: variancevariance
variance 1 : a disagreement between two documents or positions ;esp : a disagreement between allegations (as in an indictment or complaint) and proof offered at trial that warrants an appropriate remedy (as a directed verdict or an acquittal) when prejudicial to the substantial rights of the defendant 2 : an authorization to do something contrary to the usual restriction [a granted by a state agency] ;esp : permission for a use of real property that is prohibited by a zoning ordinance see also unnecessary hardship compare spot zoning ...
Variance
Variance, difference between the statements in a pleading and the evidence adduced in proof thereof. See Stephen on Pleading.The Courts are now very liberal in permitting variances in proceedings to be amended, especially where parties will suffer no prejudice. See AMENDMENT.A difference or disparity between two statements or documents that ought to agree especially in criminal procedure; a difference between allegations in a charging instrument and the proof actually produced at trial, Black's Law Dictionary, 7th Edn., p. 1551....
unnecessary hardship
unnecessary hardship : a deprivation of an owner's right to the beneficial use of property that is caused when a zoning ordinance makes it impossible to receive a reasonable return from the property NOTE: Unnecessary hardship may justify the granting of a variance if the use permitted by the variance will not alter the essential character of the locality. Unnecessary hardship must involve unique characteristics of the property itself, not economic difficulties of the owner. ...
Shelley's case, Rule in
Shelley's case, Rule in. intimately connected with the quantity of estate which a tenant may hold in realty, is the antique feudal doctrine generally known as the rule in Shelley's Case, which is reported by Lord Coke in 1 Rep. 93 b (23 Eliz.in C.B.), and elaborately examined by Lord Macnaghten in Van Grutten v. Foxwell, 1897 AC 658.The rule has been abolished by the (English) Law of Property Act, 1925, s. 131, in the construction of all instruments coming into operation after 1925; but the rule governs the construction of all instruments which have come into operation before the 1st January, 1926.The rule may be described thus: Where a life free-hold, either legal or equitable in realty (whether of freehold or copyhold tenure), is limited by any assurance to a person, and by the same assurance the inheritance of the same quality, i.e., either legal or equitable, is limited by way of remainder (with or without the interposition of any other estate) to his heirs or the heirs of his body...
On or about
On or about, means approximately; at or around the times specified. This language is used in pleading to prevent a variance between the pleading and the proof usu. when there is any uncertainty about the exact date of a pivotal event. When used in non-pleading contexts, the phrase is mere jargon, Black's Law Dictionary, 7th Edn., p. 1117...
Nisi prius record
Nisi prius record. This was an instrument in the nature of a commission to the judges at Nisi Prius for the trial of a cause, written on parchment and delivered to the officer of the Court in which the cause was to be tried. Any variance between the record and the issue should have been objected to at the time of trial, but the judges had power to amend variances. See RECORD and TRIAL....
Measure of damage
Measure of damage, the test which determines the amount of damages to the given. The general rule in English law is that in contract the measure of damage is the actual loss to the plaintiff, and in tort the compensation to the plaintiff for the loss or damage which it may be supposed be has suffered directly as a natural consequence of the act complained of. The exception is those ases where vindictive or exemplary damages can be given, e.g., libel, slander, violence, malice, cruelty, or breach of promise of marriage. The actual loss cannot always be recovered, as the whole or a portion of the loss may be too remote to be the natural and probable consequence of that which constitutes the cause of action, and this will most frequently occur in actions of tort. Though unable to prove actual loss, a plaintiff may sometimes be entitled to nominal damages, e.g., breach of an agreement to lend money. In actions of contract, the market-price of the subject-matter at the date the contract is ...
Industrial dispute
Industrial dispute, means any dispute or difference between employers and employers, or between employers and workmen, or between workmen and workmen, which is connected with the employment or non-employment or the terms of employment or with the conditions of labour, of any persons. [Industrial Disputes Act, 1947, s. 2 (k)]The words 'Industrial disputes' in the Industrial Disputes Act include also disputes that might arise between municipalities and their employees in branches of work that can be said to be analogous to the carrying out of a trade or business, D.N. Banerjee v. P.R. Mukherjee, AIR 1953 SC 59: (1953) SCR 302. [Constitution of India Sch VII, List III, Entry 22]A dispute between an employer and single workman does not fall within the definition of Industrial dispute' under the U.P. Industrial Disputes Act, 1947. But though the applicability of the Act to an individual dispute as opposed to dispute involving a group of workmen is excluded, if the workmen as a body or a con...
Equitable claims and defences at Common Law
Equitable claims and defences at Common Law; The (English) Common Law Procedure Act, 1854 (ss 83-86), enabled any defendant to plead the facts which would entitle him, if judgment were obtained against him, to relief in Equity from such judgment on equitable grounds, by way of defence, and also enabled the plaintiff to avoid such defence by a replication upon equitable grounds. A plea on equitable grounds was good at Law only where an absolute and unconditional injunction wold be granted in Equity.The (English) Judicature Act, 1925, s. 36, and follow-ing sections, reproducing s. 24 of the (English) Judicature Act, 1873, has combined the jurisdiction of the Courts of Common Law and Equity so that legal and equitable remedies may be granted in the same Court but without affecting the nature of the rights. The object is to avoid multiplicity of actions and it does not confer a new jurisdiction (The James Westall, 1905, P., p. 51), and if there is any conflict or variance between the rules...
Discrepancy and contradiction
Discrepancy and contradiction, 'discrepancy' has to be distinguished from 'contradiction'. Whereas contradiction in the statement of the witness is fatal for the case, minor discrepancy or variance in evidence will not make the prosecution's case doubtful. The normal course of the human conduct would be that while narrating a particular incidence there may occur minor discrepancies, such discrepancies in law may render credential to the depositions. Parrot like statements are disfavoured by the Courts, State of Himachal Pradesh v. Lakh Raj, (2000) 1 SCC 247: AIR 1999 SC 3916 (3921). [Criminal Procedure Code, 1973, s. 161]...
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