...subsequent or a condition precedent added to a bequest cannot be ignored. While interpreting Ext. A1 Will it is not possible to hold that it contains a condition subsequent or a ...the will (Ext. A1) is not saddled with any condition precedent or subsequent. That being so, plaintiffs' case that second defendant was given only a life interest as per Ext. A1 and so the alienation...or that he has been given absolute right and if so, the condition regarding restraint of alienation is valid. To resolve the controversy the recitals in Ext. A1 haw to be considered in the light of...

...18, page 389 : "Gifts may be made subject to conditions either precedent or subsequent. A condition precedent is one to be performed before the...gift takes effect. A condition subsequent is one to be performed after the gift has taken effect, and, if the condition is unfulfilled, will put an end to the gift; but, if a condition subsequent is void, ...it is not really necessary to consider whether this was a condition precedent or a condition subsequent. But the question is what is the value of the gift ? It is true that there is no defeasance...

...delegated authority to be laid before Parliament.Where the statute makes the laying of the rules before Parliament a condition precedent or the resolution of the Parliamen...is no difficulty as, in the former case, the rule has no legal force at all till the condition precedent is complied with and in the latter case, it ceased to have force from the date of non-compliance with the condition ...rule [i.e the one contained in Section 133(3)] therefore, is not made either a condition precedent or a condition subsequent to the coming into force of the rules. It does not provide for any...

...condition limiting the operation of such a pardon. Hence a pardoning power can attach any condition, precedent or subsequent so long as it is not illegal, immoral or impossible of performance. Sec...concealed anything essential or has given false evidence contrary to the condition on which the tender of pardon was made.8. It has been next contended that the grant of...the court of the Magistrate taking cognizance of the offence and in the subsequent trial, if any. It is therefore, a mandate of the provisions of the said Act to the prosecution to examine the...

... contemplation of the forthcoming marriage and the gift was subject to a condition subsequent, namely, that of marriage which if not performed would put an end to the gift. T...considered, whether as a consideration for a promise to marry or a gift subject to the subsequent condition of marriage, the transfer took effect immediately and was not postponed to the date of...consideration of a promise to marry or be a gift subject to the subsequent condition of marriage, the transfer takes effect immediately and is not postponed to the date of marriage. If that be the true...

...earlier, In october 1961; and this application was brought only in november 1964. The question is whether once a winding up order has been made, Leave is a condition precedent to the institution or whether ..., "suit or other legal proceeding", Be understood in the english sense as meaning the issue of process by the court rather than the presentation of the plaint or other paper by which a legal proceeding...

...settled that payment or offer of retrenchment compensation and notice pay is a condition precedent to the retrenchment and subsequent payment will not validate an illegal or void retrenchment. This is...because payment of retrenchment compensation and notice pay is a condition precedent to the retrenchment vide State of Bombay & ors. v...compensation subsequent to the order of retrenchment, he will not be estopped from challenging the illegality and validity of the order of retrenchment as being violative of Section 25 F as there can be no...

...in his own hands. It does not appear from the judgment of Banerji, J., whether he regarded the condition imposed by the District Judge in that particular case as a condition precedent or a condition ...be drawn between a condition precedent and a condition subsequent imposed by the District Judge on the guardian. Non-compliance with a condition precedent will vitiate a transfer made by the guard...condition-precedent and not a condition subsequent. The condition that the District Judge imposed was that proof of payment of the debts should be submitted to him. Obviously the debts could only be paid b...

...transferring property to another. Illustration (a) given to Section 31 of the said Act indicates that a condition subsequent to the transfer can be imposed and on breach of such condition, the transferee would lose interest...Court in Philip John Plasket Thomas (supra). It was observed in paragraph 12 that a gift could be made subject to condition, either precedent or subsequent. It was further observed that a ...is one, which is to be performed before the gift takes effect while a condition subsequent is to be performed after the gift had taken effect. If the condition was...

.... Knight in contemplation of the forthcoming marriage and the gift was subject to a condition subsequent, namely, that of marriage which if not performed would put an end to the gift. This does not, however, advance the case of the .... A condition precedent is one to be performed before the gift takes...effect; a condition subsequent is one to be performed after the gift had taken effect, and, if the condition is unfulfilled, will put an end to the gift. But if the gift had already taken effect on...

...provided for. The earlier contracts were superseded and the rights and liabilities of the parties were regulated thereunder. No condition either precedent or subsequent was expressly provided; nor...of the contract is a necessary condition for its operation; it perishes with the contract; (3) the contract may be non est in the sense that it never came legally into existence or it was void ab...:“In the event of any question of dispute arising under those conditions or any special conditions of contract or in connection with this contract (except as to any matters the decision of...

...pardon. Hence a pardoning power can attach any condition, precedent or subsequent so long as it is not illegal, immoral or impossible of performance. Section 306 clearly enjoins that the approver who...of condition of pardon is to be decided later on as Section 308 CrPC says that such person may be either tried for the offence in respect of which the pardon was so tendered or for any other offence...the Magistrate of the First Class inquiring into or trying the offence, at any stage of the inquiry or trial, may tender a pardon to such person on condition of his making a full and true disclosure of...

...a condition is one precedent or subsequent, is always one of intention, that is, it is a question of fact; and when the construing it to be a condition subsequent gives full effect to the avowed...intention, and would equally protect the interests of the vendor and consignee, and the construing it to be a condition precedent would keep the vendor and consignor subject to risk, which he has expressly declared shall fall on the...in them until the performance of a condition precedent, the payment of the Bill of Exchange; that the relationship of vendor and vendee hetween Nairn and Winser did not exist at the time of shipment of...

...Chander Sing v. Chottulal AIR 1994 Raj 186 it was held that the payment of costs may be a condition precedent to the adjournment or a ...payment of costs has been made a condition precedent, it must be paid within the period fixed by the court. If the costs are not paid, the applicant would be relegated...adjourned, the parties or any of them fail to appear, the court may proceed to dispose of the suit in one of the modes directed in that behalf by Order IX or make such other order as it thinks fit...

...of the testator. It is well settled law that a legacy may be given to a charity upon a condition, which condition may be express or implied, precedent or subsequent...gift is made to a charity on a contingent event and the happening of the event is a condition precedent to the gift, then, if the condition is too remote or for any other reason illegal, the gift to the...testator's death the hospital has ceased to be run on a voluntary system and come under state control, or if it comes under government control. The gift fails if the condition precedent is impossible...

.... The non-fulfilment of this condition would operate to defeat their right to the inheritance of the estate. The question is whether the condition which is attached is a condition precedent or a ...condition has uniformly the object of defeating or avoiding an estate.” (See Majumdar on Hindu Wills, Chakarvarti's 2nd Edition, p. 422). In determining whether a condition is precedent or ...are precedent or subsequent, according as the performance of such condition is made to precede the vesting of an estate, or their non-performance to determine an estate antecedently vested...

...this case, the question is whether there has been a concluded contract and whether the Excise Commissioners power to suspend or cancel the contract within one month is a condition subsequent or a condition...Government Pleader, on the other hand, submits that the clause relating to the cancellation or suspension by the Excise Commissioner is a condition subsequent and has nothing to do with and does not affect...and not provisional and the codition of cancellation or suspension by the Excise Commissioner within thirty days is only a condition subsequent. In support of this argument he relied on the judgment...

...District Judge in that particular case as a condition precedent or a condition subsequent to the execution of the sale-deed.The courts below have also relied on the case of...transfer the minor's property, can impose conditions on the guardian, but a distinction must be drawn between a condition precedent and a condition subsequent imposed by the District Judge oil the guardian.... Non-compliance with a condition precedent will vitiate a transfer made by the guardian. But the same cannot be the effect of non-compliance with a condition subsequent, unless there is something in...

...condition precedent to the continuance of the contract under its original promise. These conditions are termed as of two types, viz. either precedent or subsequent. A condition precedent ...payment of premium a condition precedent has been satisfied. A life insurance contract is said to be a contract of adhesion meaning thereby that the terms of the contract are not arrived at by mutual...parties arose in the following circumstances: In terms of the policy the premium was being collected from 22.6.2006 which instalment was the first one. This amount was collected in subsequent years. By...

...connexion with the very similar, if not identical, question whether a condition affecting an estate is to be construed as a precedent or as a subsequent condition. It has been laid down that in cases of...devises, that all estates are to be holden to be vested, except estates, in the devise of which a condition precedent to the vesting is so clearly expressed, that the Courts cannot treat them as vested...doubt the presumption is in favour of treating the condition as subsequent. The authorities will be found referred to in In re Greenwood, (1903) 1 Ch 749. On the whole their Lordships see...