Accrue - Law Dictionary Search Results
Home Dictionary Name: accrue Page: 3 Page 3 of about 77 results ( seconds)Possession follows title
Possession follows title, is a well-recognised one. It means that when a rightful owner is not in actual physical possession, he would, in the eye of the law, be deemed to be in possession. The benefit of such a presumption can accrue only in favour of a rightful owner and not in favour of a wrongdoer. The latter can acquire a title only by actual physical possession, Nagorao v. Jageshwar, AIR 1944 Nag 20: (1942) Nag LJ 375....
Magna Carta
Magna Carta, [Latin 'great charter'] The English charter that King John granted to the barons in 1215 and Henry III and Edward I later confirmed. It is generally regarded as one of the great common-law documents and as the foundation of constitution liberties. The other three great charters of English Liberty are the Petition of Right (3 Car. (1628)), the Habeas Corpus Act (31 Car. 2 (1679)), and the Bill of Rights (1 Will. SM. (1689)). Also spelled Magna charta, Black's Law Dictionary, 7th Edn., p. 963.This Great Charter is based substantially upon the Saxon Common Law, which flourished in this kingdom until the Normaninvasion consolidated the system of feudality, still the great characteristic of the principles of real property. The barons assembled at St.Edmund's Bury, in Suffolk, in the later part of the year 1214, and there solemnly swore upon the high alter to withdraw their allegiance from the Crown, and openly rebel, unless King John confirmed by a formal charter the ancient li...
run
run ran run run·ning 1 a : to be or continue to be in operation or effect b : to proceed toward expiration or effectiveness [statute of limitations began to when she received notice of the injury] compare toll 2 : to continue to accrue or become payable in an amount increasing with the passing of time [interest running from a particular date] run with the land : to pass as a right or encumbrance upon the transfer of real property [the restrictive covenant ran with the land] ...
Order
Order, does not mean only final order, Kanhikkamthoppu Parambil Radha v. Kondarappott Velayudhan, AIR 1994 Ker 412.Order, mandate, precept, command; also a class or rank.General orders are promulgated by courts for the proper regulation of their own proceedings, as the Consolidated 'Rules of the Supreme Court, 1883,' which are divided into orders, and subdivided into rules, which are amended from time to time; and particular orders are made to enforce a payment of money, to enforce obedience to justice, and compel that which is right to be performed.An order in a proceeding under Order XXI, Rule 90 is a 'judgment' inasmuch as such a proceeding raises a controversy between the parties therein affecting their valuable rights and the order allowing the application certainly deprives the purchaser of rights accrued to him as a result of the auction-sale, Redhey Shyam v. Shyam Behari Singh, (1970) 2 SCC 405: AIR 1971 SC 2337.The word 'order' which appears in a statute dealing with sales tax...
Marriage
Marriage. Marriage as understood in Christendom is the voluntary union for life of one man and one woman, to the exclusion of all others, Hyde v. Hyde, 1866 LR 1 P&D 130. Where a marriage in a foreign country complies with these requirements it is immaterial that under the local law dissolution can be obtained by mutual consent or at the will of either party with merely formal conditions of official registration, and it constitutes a valid marriage according to English law, Nachimson v. Nachimson, 1930, P. 217. Previous to 1753 the validity of marriage was regulated by ecclesiastical law, not touched by any statutory nullity but modified by the Common law Courts, which sometimes interfered with the Ecclesiastical Courts, by prohibition, sometimes themselves decide on the validity of a marriage, presuming a marriage in fact as opposed to lawful marriage. A religious ceremony by an ordained clergyman was essential to a lawful marriage, at all events for dower and heirship; but if in an i...
Occupation debt
Occupation debt, 'occupation debt' is defined as a debt payable by virtue of an obligation incurred during the occupation period and accruing due at any time. The term 'debt' is commonly used to describe liabilities which have an origin in contract, Muthupalaniapa Chettir v. Alagamai Achi, AIR 1961 Mad 438 (442). [Malayan Ordinance (42 of 1948)]...
Notice to quit
Notice to quit. Where there is a tenancy from year to year subsisting, it can only be put an end to by notice to quit, which may be given by either party, and must be given one half-year previously to the expiration of the current year of tenancy, so as to expire at the same period of the year in which the tenant entered upon the premises. This rule is to be invariably followed in all cases, except where there is some special agreement between the parties to a different effect, or where a particular local custom intervenes, or where the (English) Agricultural Holdings Act, 1923, applies, in which case, by s. 25 of that Act, a notice must be given to terminate the tenancy twelve months from the end of the then current year of the tenancy.Where the term of a lease is to end on a precise day, there is no occasion for a notice to quit previously to bringing an action of ejectment because both parties are equally apprised of the termination of the term. If a tenant continue in possession by...
Forthwith
Forthwith. When a defendant is ordered to plead forthwith, he must plead within twenty four hours. When a statute or rule of Court requires an act to be done 'forthwith,' it means that the act is to be done within a reasonable time having regard to the object of the provision and the circumstances of the case [Ex parte Lamb, (1881) 19 Ch D 169; 2 Chit. Arch. Prac., 14th Edn., 1435].Immediately, without delay, Black's Law Dictionary, 7th Edn., p. 664.The expression 'forthwith' would mean 'as soon as may be', that the action should be performed by the authority with reasonable speed and expedition with a sense of urgency without any unavoidable delay. No hard and fast rule could be laid nor a particular period is prescribed. There should not be any indifference or callousness in consideration and disposal of the representation. It depends on the facts and circumstances of each case, Navalshankar Ishwarlal Dave v. State of Gujarat, AIR 1994 SC 1496: (1993) Supp 3 SCC 754.The word 'forthwi...
Liability of such persons
Liability of such persons, the proper meaning of the words 'the liability of such person' in Order 21, Rule 50(2) is that primarily the question to try would be whether the person against whom the decree is sought to be executed was a partner of the firm, when the cause of action accrued, but he may question the decree on the ground of collusion, fraud or the like but so as not to have the suit tried over again or to raise issues between himself and his other partners, Gambhir Mal Pandiya v. J.K. Jute Mills Co. Ltd., AIR 1963 SC 243 (250): (1963) 2 SCR 190....
Jus superveniens auctori accrescit successori
Jus superveniens auctori accrescit successori.-(A right growing to a possessor accrues to the successor.)...
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