Absolute Bar Rule - Law Dictionary Search Results
Absolute-bar rule
Matched in: Term Absolute-bar rule
plea
timing called also plea of abatement plea in bar : a plea that alleges the existence of an absolute bar (as a statute of limitations) to an action plea of abatement : plea in abatement in this entry … compare demurrer b : a defendant's answer to a plaintiff's claim in civil litigation NOTE: Under the Federal Rules of Civil Procedure, and in states where they have been adopted, civil pleas are abolished, and answers and
Perpetuity
trust may be avoided, Re Villar, (1929) 1 Ch 243. The rule requires a limitation, whether of an absolute or partial interest, positively and necessarily to vest within the period prescribed, and not to depend upon a … property only, and does not affect the making of contracts, which do not create rights of property, Ram Baran Prasad v. Ram Mohit Hazara, AIR 1967 SC 744: (1967) 1 SCR 293. Is a future limitation, whether
Keep your definitions linked to case research
Copyhold
a manor, seeing that a copyhold is part of the demesnes of a manor, but it is not absolutely necessary that the lands should continue parcel of the manor. And because this tenure derives its whole force … if the lord then refuse, he will be attached. There are two courts incident to every manor'a court baron or free-holder's court, and a customary court, which only relates to the copyholders, who form the homage and … to warrant it. (5) Copyholds of inheritance are descendible accord-ing to the rules of the common law, unless the custom be otherwise, in which case
Estoppel
admission, which cannot be denied. It is of three kinds:- (1) By matter of record, which imports such absolute and incontrovertible verity, that no person against whom it is producible shall be permitted to aver against it. … Tax (Central) v. B.N. Bhttacharjee, (1979) 4 SCC 121: AIR 1979 SC 1725: (1979) 3 SCR 1133. A bar that prevents one from asserting a claim or right that contradicts what one has said or done before … under him, even as to the facts recited in it. The general rule is that an indenture estops all who are parties to it, while
Limitation of actions and prosecutions
must be brought or proceedings taken. In the case of simple contract the remedy on the contract is barred, leaving the creditor free to enforce his claims by other means which may be still available, such as … interim. [(English) Real Property Limitation Act, 1833, s. 21, as amended by the Act of 1874] As a rule a title by possession for the statutory period of land against trustees will be good against all persons
Tail
entail, only a qualified or base fee will pass, com-mensurate with the estate-tail, capable, however, of being rendered absolute by barring the entail, but until so barred, defeasible by the entry not only of the reversioner, or … after 1925 in respect of personalty as well as realty by way of trust and which (if not barred or disposed of by will after 1925) will devolve inequity on the person who would have taken realty … other statutory modifications under the (English) Law of Property Act, 1925, the rules relating to this form of estate are still applicable (a) in the
Rent
to a reversion. If they are held in fee simple in possession or for a term of years absolute (see LEASE) they are legal estates. All other rent-charges and rents, such as for life or remainder, etc., … 1884, s. 4. As to the period of limitation after which the right of recovering a rent-charge is barred, see Shaw v. Crompton, (1910) 2 KB 370. (3) Fee farm rent, one issuing out of an estate … 1963 SC 1459: (1964) 2 SCR 114. [Punjab Urban Immovable Property Tax Rules, 1941, R. 18(4)(ii)] Rent is defined in sub-s. (19) of s. 2
Intoxicating liquor
might be sold without a justices' licence), have special privileges (see Sched. II.). Before 1904 justices had an absolute discretion (subject to compliance with procedure as to notices, etc.) to refuse to renew the general 'public-house licence' … and Young Persons Act, 1933 (23 Geo. 5, c. 12), s. 6, prohibits children to be allowed in bars of licensed premises with certain obvious exceptions, namely, children of licence holder, railway refreshment rooms, etc. See CHILDREN, … a convic-tion entails forfeiture of the licence. 10. Procedure, and Home Office Rules.--Quarter sessions may divide their area into districts for the purposes of the
Uses
wardship, relief, and forfeiture for treason or felony. In fact, he was treated at Common Law as the absolute tenant of the fee. (8) A use, being but the creature of equity, could not have been taken … and policy of the Common Law. 'Firstly. Estates passed by way of use, from one to another, by bare words only, without any solemn ceremony or permanent record of the transaction, whereby a third person that had … the people of the locality. It soon became evident that the simple rules of the Common Law were stumbling-blocks to the complicated wants of an
- ‹ Prev
- Next ›
Try the research workspace - 7 days free