Category: Design

Crawford on the Construction of Statutes states at page 516 as follows:“The question as to whether a statute is mandatory or directory depends upon the intent of the legislature and not upon the language in which the intent is cleared.The meaning and intention of the legis­lature must be given, and these are to be ascertained, not only from the phraseology of the provision, but also by considering its nature, its design, and the consequences which would follow from construing it one way or the other ” [State of U.P.v. Manbodhan Lal Srivastava, A.I.R. 1927 S.C. 912 at p. 918]. previews.123rf.com ADVERTISEMENTS: The learned author at page 535 observes:“As a general rule, a statute which specifies a time for directors so far as the time of performance is concerned, specially where…

1. Letter to the Insurance Company for availing Loan To, The Divisional Manager, (Insurance Company Name) (Address)Sir,Ref: Policy No. ____________ , ____________ (Date) ADVERTISEMENTS: This is to bring to your kind attention that I’m an insur­ance holder of the aforementioned policy, which is an endowment policy and whose quarterly amount of ____________ (Amount in words) has always being paid on time, for the last five years. As I’m now constructing a house, I would like to avail a loan of ____________ (Amount in words), in order to expedite the construction possess.Kindly send me the required forms to be filled up in order to avail the loan. Also kindly intimate me of the docu­ments required by your organisation.Looking forward to an early reply in this regard.Yours Sincerely, (Your Name) (Your Address)…

To The Manager, (Address) (Date)Sir, ADVERTISEMENTS: As you are aware there is a total staff of ____________ working in your esteemed company. Most of us bring our own food from home, but this usually grows cold and is difficult to eat in the cold season.Therefore, we request you to sanction construction of a can­teen where food and hot drinks may be served at subsided rates. Image Source: orthoinno.comThis will be a great boon to all the workers and senior staff and will prove conductive to good health and hard work.Thanking you ADVERTISEMENTS: Yours sincerely, (Your Name)

Positive Nature of Impact: There are many examples of the way in which tourism has benefited a particular place, buildings or cultural activity. In Britain many great buildings of the past would have been lost had it not been possible to convert them into living museums for the tourists.Whole inner cities and dockland areas have been restored and developed to make them attractive as tourist cities. Even a city like London would be a poorer place without the tourist; 40 per cent of West End Theatre tickets are bought by tourists.In rural areas and small seaside resorts, many of the smaller shops could not be economically viable without the summer tourists. This is applicable to Taj in India. previews.123rf.com ADVERTISEMENTS: The rapid growth of tourism in the twentieth century has…

It is in the interest of justice that a party should bring forward his whole case in respect of the matter in suit. The matter directly and substantially in issue may either be actually in issue or constructively in issue and both the matters constitute res judicata if the same were in issue in the former suit and is also is issue in the subsequent suit.Explanation IV to Section 11 says that any matter which might or ought to have been made a ground of defence or attack in the former suit shall be deemed to have been a matter constructively in issue in that suit.Thus, if a matter which might and ought to have been raised by the plaintiff in the former suit is not raised by him there…

he expression “sufficient cause” is not defined but it has been held that it must mean a cause which is beyond the control of the party invoking the aid of the section. A cause for delay which by due care and attention the party could have avoided cannot be a “sufficient cause.” The test, therefore, whether a cause is sufficient or not, is to see whether it could have been avoided by the party by the exercise of due care and attehction.The expression however, should receive a liberal construction so as to advance substantial justice when no negligence nor inaction nor want of bona fide is imputable to the appellant or applicant. Krishna vs. Chattappan, (1889) I.L.R. 13 Mad. 269].The court should not apply too exacting a standard of diligence…

Laches has its origin in the doctrine of equity. Halsbury’s Law of England, Volume XIII in Equitable Defense Chapter1910 Edition says, “The legislature in enacting a statute of limitation specifies fixed period after which claims are barred : equity does not fix a specific limit but considers the circumstances of each case in determining whether there has been such delay as to amount to laches.In the case of equitable reliefs, Courts of equity in England refused to grant such reliefs to an applicant who had willfully sleep over his rights. This principle is applicable in India also in so far as discretionary orders of the court are claimed, e.g., specific performance, permanent or temporary injuction, appointment of receiver In such cases courts can still refuse relief where the delay on…

It is one of the principles of the English criminal law that to constitute guilt there must be a guilty intent along with the act itself and that a crime is not committed if the mind of the person doing the act in question be innocent. The maxim governing the above proposition is actus non facit reum, nisi mens sit rea, i.e., the act itself does not constitute guilt unless done with a guilty intent.There must be an intention to do some act before a person can be guilty of crime. In the words of Lord Kenyon “the intent and act must both concur to constitute a crime.” Thus mens rea in the case of murder means malice aforethought; in the case of theft an intention to seal and in…