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defense

denial, diminished capacity, duress, entrapment, estoppel, fraud, infancy, insanity, intoxication, laches, mistake, necessity, res judicata, statute of limitations absolute defense : complete defense in this entry af·fir·ma·tive defense : a defense that does not deny the truth … the older defenses of duress and necessity. complete defense : a defense that shields the defendant from any liability and bars any recovery by the plaintiff compare partial defense in this entry lesser evils defense : choice

Void

of England, 4th Edn., (Re-issue), Vol. 1(1), para 26, p. 31. Void, has a relative rather than an absolute meaning. It only conveys the Idea that the order is invalid or illegal. It can be avoided. There … of all legal effects and force. They are totally ineffectual rather cipher. No legally enforceable relationship, right or liability emanates therefrom, Nutan Kumar v. IInd Addl. Dist. Judge, Banda (F.B.), AIR 1994 All 298. Void, is used,

Discharge

See next title. A rule nisi is discharged when the Court decides that it shall not be made absolute, i.e., that the party who obtained the rule nisi should take nothing, and the suit remain in statu … Maharashtra, (1979) 2 SCC 179: AIR 1979 SC 94: (1979) 1 SCR 993. Discharge means, to free from liability. The liability may be in respect of monetary claims, like the debts; it may be in respect of

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Alien

Superintendent, (1915) 3 KB 716. By s. 2 the Secretary of State may, on application and in his absolute discretion, grant a certificate of naturalization to an alien who satisfies the Secretary-- (a) That he has either … certificate gives the grantee all the rights, powers, and privileges and subjects him to all obligations, duties and liabilities of a natural-born British subject, and gives him the status of such a subject (s. 3). S. 4

Priority

swept into this rule, viz., all equitable interests inland (i.e., all estates for less than a fee simple absolute in possession or a term of years absolute and corresponding incorporeal hereditaments (see s. 1 of the Act)), … of the estate of any person who shall die on or after 1st January, 1870, no debt or liability of such person shall be entitled to any priority or preference by reason merely that the same is

Debt

priority. As to attachment of debts, see that title. Debts are assignable at law, if the assignment is absolute and in writing, where express written notice of the assignment is given to the debtor, trustee, or other … ward, Raja Ganga Pratap Singh v. Allahabad Bank Ltd., AIR 1958 SC 293: (1958) SCR 1150. Means any liability (inclusive of interest) which is claimed as due from any person by a bank or a financial institution

Tithe Rent-Charge

lands of that parish, having regard to their average tithable produce and productive quality; and such lands were absolutely discharged from the payment of all tithes, and, instead thereof, became subject to their portion of the rent-charge, … issue of stock subject to specified deductions in the Third Schedule and deductions set aside to provide for liabilities to repair chancels, etc. (see s. 29), and the Bank of England is to issue the specified stock

judgment

in this entry judgment ni·si [-nī-sī, -nē-sē] pl: judgments nisi : a judgment that is not final or absolute [after default and judgment nisi requiring them to show cause why it should not be made final "Code … of the plaintiff's case) called also nil dicit judgment personal judgment : a judgment determining the rights and liabilities of a particular person : a judgment rendered by a court exercising personal jurisdiction over a person compare

Deed

a trust, or any authority by a letter of attorney, or if he executes the deed, undertake any liability therein expressed to be undertaken by him, Halsbury, L. of Eng 'Deeds.' Under a deed-poll any person sufficiently … the text of a conveyance inter partes in a formal and well-understood sequence; and although it is not absolutely necessary that a deed should be drawn in accordance with the generally received formulary, provided it exhibits the

Infant

man ought, as a general rule, to be responsible for acts not his own.' As to the criminal liability of infants, see AGE; CHILDREN. Ward of Court.--The general superintendence and protective jurisdiction of the Court of Chancery … See AGE. At Common Law, the contracts of infants are divided into three classes: 1st. Those which are absolutely void; such as are positively injurious to the interests of the infant, and can only operate to his

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