Access And Non Access - Law Dictionary Search Results
Home Dictionary Name: access and non accessAccess and 'non-access'
Access and 'non-access', 'Access' and 'Non-access' mean the existence or non-existence of opportunities for sexual intercourse; it does not mean actual cohabitation, Gautam Kundu v. State of West Bengal, AIR 1993 SC 2295 (2301): (1993) 3 SCC 418. (Evidence Act, 1872, s. 112)...
Access and non-access
Access and non-access, Access and non-access again connote, as has been held by the Privy Council (Vide Karapaya v. Mayandy, 12 Rang 243), existence and non-existence of opportunities for material intercourse, Chilukuri Venkateswarlu v. Chilukuri Venkatanarayana, (1954) 1 SCR 424....
Non-access
Non-access. When a husband could not, in the course of nature, by reason of his absence, have been the father of his wife's child, the child is a bastard.Access is presumed during wedlock; but this presumption may be countered by proof of circumstances showing that sexual intercourse did not take place within such a time that the husband could be the father. As to what is such a time, see GESTATION. As to the admissibility of evidence by husband or wife of non-access, see ACCESS....
Legitimate
Legitimate, access and non-access connote existence and non-existence of opportunities for marital intercourse, Chilukuri Venkateswarlu v. Chilukuri Venkatanarayana, AIR 1954 SC 176 (177): 1954 SCR 424....
Access
Access, approach, or the means of approaching. The presumption of a child's legitimacy is rebutted, if it be shown by strong, distinct, satisfactory, and conclusive evidence, see Atchley v. Sprigg, (1864) 33 LJ Ch 345, that the husband-whether before or after marriage-had not access to his wife within such a period of time before the birth, as admits of his having been the father. 'If a husband have access, although others, at the same time, are carrying on a criminal intimacy with his wife, a child born under such circumstances is still legitimate': per Alderson, J., in Cope v. Cope, (1833) 5 C&P 604. Neither husband nor wife is admissible as a witness to prove non-access, Goodright v. Moss, (1777) 2 Cowp p. 594. See also Poulett Peerage Case, 1903 AC 395, and Russell v. Russell, 1924 AC 687 see PATERNITY.An owner of land adjoining a highway has a right of access to it where the land adjoins for any kind of traffic required for the reasonable enjoyment of his property, Lyon v. Fishmon...
Bastard
Bastard [fornication], one born not of lawful marriage. [(English) Age of Marriage Act, 1929 (19 & 20 Geo. 5, c. 36)]The civil and canon laws did not allow a child to remain a bastard if the parents afterwards intermarried, but a proposal by the bishops to assimilate the law of England to the canon law in this respect was rejected by Parliament in 1235. See MERTON, STATUTE OF. The law of England remained thus for nearly 700 years, until the Legitimacy Act, 1926 (16 & 17 Geo. 5, c. 60), legitimated a child born out of wedlock upon the subsequent marriage of parents if they were domiciled in England or Wales at the date of marriage. See LEGITIMATION. In Scotland, however, and in most other Christian countries, including most, if not all, of the British Dominions, and most, if not all, of the United States of America, legitimation of the children has always followed the intermarriage of the parents.The mother of a bastard cannot validly contract with another person for the transfer to tha...
Open access
Open access, means the non-discriminatory pro-vision for the use of transmission lines or distribu-tion system or associated facilities with such lines or system by any licensee or consumer or a person engaged in generation in accordance with the regulations specified by the Appropriate Com-mission. [Electricity Act, 2003 (36 of 2003), s. 2(47)]Means confinement within the precincts of any barracks, lines or camp for the time being occupied by any part of the Force. [Central Reserve Police Force Act, 1949, s. 2(e)]...
House-gully
House-gully, means a passage or strip of land constructed, set apart or utilised for the purpose of service as or carrying a drain or affording access to the latrine, urine, cesspool or other receptacle for filth or other polluted matter by persons employed in the clearing thereof or in the removal ofsuch matter thereform [The Maharashtra Non-Bio-degradable Garbage (Control) Act, 2006, s. 2(d)].House-gully, 'house-gully' means a passage or strip of land constructed, set apart or utilised for the purpose of serving as or carrying a drain or affording access to a latrine, urinal, cesspool or other receptacle for filth or other polluted matter, by municipal employee or other person employed in the cleansing thereof or in the removal of such matter therefrom. [Manipur Municipalities Act, 1994 (43 of 1994), s. 2(23); See also New Delhi Municipal Council Act, 1994 (44 of 1994), s. 2(18)]...
Misrepresentation
Misrepresentation, 'Misrepresentation' means and includes--(1) the positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true;(2) any breach of duty which, without an intent to deceive, gains an advantage to the person committing it, or any one claiming under him, by misleading another to his prejudice or to the prejudice of any one claiming under him;(3) causing, however innocently, a party to an agreement, to make a mistake as to the substance of the thing which is the subject of the agreement. [(English) Contract Act, 1872 (9 of 1872), s. 18)]Misrepresentation, i.e., suggestio falsi, if a matter of substance essentially material to the subject, whether by acts or bywords, by man'uvres, or by positive assertions or material concealment (suppressio veri) whereby a person is misled and damnified.In equity it is immaterial whether the misrepresent or knew the matter to be false, or asserted it, wi...
Book of account
Book of account, It involves either addition or subtraction or both of these operations of arithmetic. A book which contains successive entries of items may be a good memorandum book; but until those entries are totalled or balanced, or both, as the case may be, there is no reckoning and no account. In the making of totals and striking of balances from time to time lies the chief safeguard under which books of account have been distinguished from other private records as capable of containing substantive evidence on which reliance may be placed', CBI v. V.C. Shukla, (1998) 3 SCC 410: AIR 1998 SC 1406: 1998 Cr LJ 1905 (SC).-All companies registered under the (English) Companies Act,1929, are by s. 122 obliged to keep books of account of (a) all receipts and expenses with matters relating thereto; (b) all sales and purchases; and (c) the assets and liabilities of the company: these books are to be open to inspection by the directors-heavy penalties for non-compliance are imposed. The aud...
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