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Home Dictionary Name: with Page: 3Illegally and with material irregularity
Illegally and with material irregularity, the words 'illegally' and 'with material irregularity' as used in clause (c) s. 15 do not cover either errors of fact or of law they do not refer to the decision arrived at but merely to the manner in which it is reached. The errors contemplated by this clause may, relate either to breach of some provision of law or to material defects of procedure affecting the ultimate decision, and not to errors either of fact or of law, after the prescribed formalities have been complied with, D.L.F. Housing Co. (P) Ltd. v. Sarup Singh, AIR 1971 SC 2324 (2327): (1969) 3 SCC 807. [Civil PC (5 of 1908), s. 115]...
Dealing with offences
Dealing with offences, the expression 'dealing with offences' is of wide import and will include any act which the police has to do in connection with the offences under the Act, Delhi Admn v. Ram Singh, AIR 1962 SC 63 (66). [Suppression of Immoral Traffic in Women and Girls Act, 1956 (104 of 1956), s. 13(1)]...
Contingency with a double aspect
Contingency with a double aspect, is a kind of executory interest which maybe termed an alternative interest. This is an 'interest that is only to vest in case the next preceding interest should never vest in any way, through the failure of the contingency on which such preceding interest depends. As when a testator devises to A. for life; and if he have issue male, then to such issue male and his heirs for ever; and if he die without issue male, then to B. and his heirs for ever; or, where a testator bequeaths personal estate to the first son of A., and if A. should have no son, then to B.' These interests, considered in conjunction with those for which they are substitutionary, are sometimes termed 'contingencies with a double aspect.'-Smith's Compendium of Real and Personal Property, 6th Edn., p. 376....
Before the institution of any suit with respect to.... of it
Before the institution of any suit with respect to.... of it, 'Before the institution of any suit with respect to the subject-matter of the agreement or any part of it' mean while no suit with respect to the subject-matter of the agreement or any part of it is pending, Ramvallabh Tibrewalla v. Dwarka Das & Co., AIR 1966 SC 402: (1966) 1 SCR 689. (Arbitration Act, 1940, s. 20)...
Enemy, trading with
Enemy, trading with. See the following Acts directed against trading with the enemy during the Great War:-(English) 4 & 5 Geo. 5, c. 87, 5 Geo. 5, c. 12, 5 & 6 Geo. 5, cc. 79, 98, 105, and 6 & 7 Geo. 5, cc. 32, 52....
Tenants-in-common with cross remainders in tail
Tenants-in-common with cross remainders in tail. Each of the tenants-in-common takes his or her (now equitable) share in tail. On failure of his or her issue that share falls to the remaining grantees or devisees as tenants-in-common in tail. On failure of issue of any of the remaining grantees or devisees, that share goes to the then remaining tenants-in-common in tail in the same way and so on until only one line of the original grantees or devisees is left. In wills, cross remainders in tail are generally implied if there is a gift to a class as tenants-in-common in tail with a gift over, but not if the grant is by deed....
Shall vest in my wife with power of alienation
Shall vest in my wife with power of alienation, the expression 'shall vest in my wife with power of alienation' means the testator intended to confer an absolute and not limited interest in the property, Gopala Menon v. Sivaraman Nair, AIR 1979 SC 1345: (1981) 3 SCC 586....
In connection with
In connection with, as meaning 'having to do with', Coventry Waste Ltd. v. Russel [HL(E)], (1999) 1 WLR 2093...
In accordance with law
In accordance with law, when they used the word 'in accordance with law' in cl. 3 of Schedule 2 of the C.P. and Berar Industrial Disputes Settlement Act, 1947 is used, they did not intend to exclude the law as settled by the Industrial Courts. Provincial Transport Services v. State Industrial Cour,t AIR 1963 SC 114: (1963) 3 SCR 650. [C.P. and Berar Industrial Disputes Settlement Act, 1947 Sch. II, Item 3]...
With any limited liability and in force
With any limited liability and in force, the phrase means a statutory policy under the old Act with the limit prescribed therein which was valid immediately before the commencement of the new Act. The words are not employed to limit the liability of an insurance company to the amount specified in the policy by virtue of the provisions of s. 95(2) of the old Act either for a period of four months or for a lesser period during which the policy is valid, National Insurance Co. Ltd., v. Beharilal, (2000) 7 SCC 137 (142). [Motor Vehicles Act, 1939, s. 95(2)]...
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