Part 1 Flashcards
Definition of applicant:
Defined in section 2 clause(a) “applicant” includes—
(i) a petitioner;
(ii) any person from or through whom an applicant derives his right to apply;
(iii) any person whose estate is represented by the applicant as executor, administrator or
other representative;
Definition of application
Defined in section 2 clause b application includes a petition (original or otherwise)
Definition of bill of exchange
“bill of exchange” section 2 clause (c) -includes a hundi and a cheque
Definition of bond
(d) “bond” includes -any instrument -whereby a person obliges himself to pay money to another,
-on condition that the obligation shall be void if a specified act is performed, or is not performed, as
the case may be;
Section 2 clause (e) defines?
(e) “defendant” includes—
(i) any person from or through whom a defendant derives his liability to be sued;
(ii) any person whose estate is represented by the defendant as executor, administrator or
other representative.
Definition of easement
clause (f)
“easement” includes - a right not arising from contract,
- by which one person is entitled to
remove and appropriate for his own profit any part of the soil belonging to another or
-anything growing in, or attached to, or subsisting upon, the land of another;
Section 2 clause g
Defines foreign country means any country other than India
Section 2 clause h
Defines good faith and says-
Nothing shall be deemed to be done in good faith which is not done with due care and attention.
Where is the term plaintiff define:
Define in section to clause (i)
“plaintiff” includes—
(i) any person from or through whom a plaintiff derives his right to sue;
(ii) any person whose estate is represented by the plaintiff as executor, administrator or other
representative
Definition of period of limitation in which CLAUSE defined:
(j)
“period of limitation” means the period of limitation prescribed for any suit, appeal or application by the Schedule,
Section 2 clause (k)
“promissory note” means any instrument whereby the maker engages absolutely to pay a
specified sum of money to another at a time therein limited, or on demand, or at sight;
Definition of the term “suit”
(l) “suit” does not include an appeal or an application
What is not included in the definition of suit
Clause and defines suit as does not include appeal or application
Definition of tort in limitation act
(m) “tort” means a civil wrong which is not exclusively the breach of a contract or the breach of a
trust
Section 2 clause (n)
(n) “trustee” does not include a benamidar, a mortgagee remaining in possession after the
mortgage has been satisfied or a person in wrongful possession without title.
