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advise

advise ad·vised ad·vis·ing vt 1 : to give advice to : counsel [ them to draw up a will] 2 : to give information or notice to [ them of their rights] vi 1 : to give advice [ on legal matters] 2 : to take counsel [ with your lawyer] ad·vis·er also ad·vi·sor [əd-vī-zər] n ...


Sufficient cause

Sufficient cause, for non-appearance refers to the date on which the absence was made a ground for proceeding ex parte and cannot be stretched to rely upon other circumstances anterior in time, Tea Auction Ltd. v. Grace Hill Tea Industry, AIR 2007 SC 67.Sufficient cause is an expression which is found in various statues. It has been construed liberally in keeping with its ordinary dictionary meaning as adequate or enough. That is, any justifiable reason resulting in vacation has to be understood as sufficient cause. For instance economic difficulty or financial stringency or family reasons may compel a landlord to let out a building in his occupation. So long as it is found to be genuine and bona fide it would amount to vacating a building for sufficient cause, Surinder Singh Sibia v. Vijay Kumar Sood, AIR 1992 SC 1540 (1541): (1992) 1 SCC 70. [H.P. Urban Rent Control Act, 1987, s. 14(3), Proviso 2]The expression 'sufficient cause' cannot be cons-trued too liberally, merely because the...


Digammate

Having the digamma or its representative letter or sound as the Latin word vis is a digammated form of the Greek is...


Restitutio in integrum

Restitutio in integrum, the rescinding of a contract or transaction, so as to place the parties to it in the same position, with respect to one another, which they occupied before the contract was made, or the transaction took place. The restitutio here spoken of is founded on the edict. If the contract or transaction is such as not to be valid, according to the jus civile this restitutio is not needed, and it only applies to cases of contracts and transactions, which are not in their nature or form invalid. In order to entitle a person to the restitutio, he must have sustained some injury capable of being estimated, in consequence of the contract or transaction, and not through any fault of his own, except in the case of one who is minor xxv. Annorum, who was protected by the restitutio against the consequences of his own carelessness.The following are the chief cases in which a restitutio might be decreed:-The case of vis et metus. When a man had acted under the influence of force or...


Negligence

Negligence, acting carelessly, a question of law or fact or of mixed fact and law, depending entirely upon the nature of a duty, which 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 degree of care undertaken or required in each case, i.e., (1) ordinary, which is the want of ordinary diligence; (2) slight, the want of great diligence; and (3) gross, the want of slight diligence. A smaller degree of negligence will render a person liable for injury to infants than in the case of adults, see Cooke v. Midland Great Western Railway, 1909 AC 229; and Glasgow Corporation v. Taylor, (1922) 1 AC 44. There is also a peculiar duty to take precaution in the case of dangerous Articles, see Dominion Natural Gas Co. v. Collins, 1909 AC 640. This case should be distinguished from the principle in Fletche...


Collision of ships

Collision of ships, the striking or running foul of one ship against another. The remedy is either an action at law or a suit in the Admiralty Division. The possibilities under which a collision may occur, and the rules acted on by the Court of Admiralty, have been thus stated by Lord Stowell in The Woodrop-Sims, (1815) 2 Dodson, 85:-'In the first place, it may happen without blame being imputable to either party: as where the loss is occasioned by a storm or any other vis major, in that case the misfortune must be borne by the party on whom it happens to light, the other not being responsible to him in any degree. Secondly, a misfortune of this kind may arise where both parties are to blame, where there has been a want of due diligence or of skill on both sides: in such a case, the rule of law is, that the loss must be apportioned between them, as having been occasioned by the fault of both of them. Thirdly, it may happen by the misconduct of the suffering party only, and then the rul...


vice

vice 1 : a moral fault or failing 2 : defect 3 : immoral activity (as prostitution) [vīs, vī-sē] prep [Latin, ablative of vic- place, turn] : in the place of [I will preside, the absent chairman] ;also : rather than ...


divisible

divisible : capable of being divided esp. into independent parts (as promises or interests) [a contract] compare entire di·vis·i·bil·i·ty [də-vi-zə-bi-lə-tē] n ...


Marriage

Marriage. Marriage as understood in Christendom is the voluntary union for life of one man and one woman, to the exclusion of all others, Hyde v. Hyde, 1866 LR 1 P&D 130. Where a marriage in a foreign country complies with these requirements it is immaterial that under the local law dissolution can be obtained by mutual consent or at the will of either party with merely formal conditions of official registration, and it constitutes a valid marriage according to English law, Nachimson v. Nachimson, 1930, P. 217. Previous to 1753 the validity of marriage was regulated by ecclesiastical law, not touched by any statutory nullity but modified by the Common law Courts, which sometimes interfered with the Ecclesiastical Courts, by prohibition, sometimes themselves decide on the validity of a marriage, presuming a marriage in fact as opposed to lawful marriage. A religious ceremony by an ordained clergyman was essential to a lawful marriage, at all events for dower and heirship; but if in an i...


Slime

Slime, is the term used in milling practice to describe a suspension, in water of the fully divided fraction of pulverized ore; also solid, whether suspended or after setting out to drying, Handbook of Mineral Dressing (at p. 1504); see also National Mineral Development Corpn. Ltd. v. State of Madhya Pradesh, (2004) 6 SCC 281.Means a material of extremely fine-particle size encountered in ore treatment (ASG Gloss), National Mineral Development Corpn. Ltd. v. State of Madhya Pradesh, (2004) 6 SCC 281.Means a mudlike substance formed of ore in an almost impalpable powder, mixed with water: usually plural (Standard 1964) National Mineral Development Corpn. Ltd. v. State of Madhya Pradesh, (2004) 6 SCC 281.Means a product of wet grinding containing valuable ore in particles so fine, as to be carried in suspension by water; chiefly used in the plural (Webster 3d); see also National Mineral Development Corpn. Ltd. v. State of Madhya Pradesh, (2004) 6 SCC 281.Means in metallurgy, ore reduced ...



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