Acquiesce - Law Dictionary Search Results
Home Dictionary Name: acquiesceacquiesce
acquiesce -esced -esc·ing : to accept, comply, or submit tacitly or passively often used with in and sometimes with to ac·qui·es·cence [a-kwē-es-ns] n ...
Acquiesce
Acquiesce, means to accept tacitly or passively, to give implied consent to an act, Black Law Dictionary, 7th Edn., p. 23.The word 'acquired' has also to be given the widest possible meaning. This would be so because of the language of the Explanation which makes sub-s. (1) applicable to acquisition of property by inheritance or devise or at a partition or in lieu of maintenance or arrears of maintenance or by gift or by a female's own skill or exertion or by purchase or prescription or in any manner whatsoever. Where at the commencement of the Act a female Hindu has a share in joint properties which are later on partitioned by metes and bounds and she gets possession of the properties allotted to her there can be no manner of doubt that she is not only possessed of that property at the time of the coming into force of the Act but has also acquired the same before its commencement [Hindu Succession Act, 1956 s. 14(1)], Badri Pershad v. Kanso Devi, AIR 1970 SC 1963 (1966): (1970) 2 SCR ...
Acquiescence
Acquiescence, consent, either express or implied. A persons tacit or passive acceptance; implied consent to an act (Black's Law Dictionary). Passivity and inaction on foreign claims that according to customary international law usually call for protest to assent to pressure, or safeguard rights. The result is that binding legal effect is given to silence and inaction. Acquiescence, as a principle of substantive law, is grounded in the concepts of good faith and equity....
Lost grant
Lost grant, is a mere presumption from long possession and exercise of user by easement with acquiescence of the owner, that there must have been originally a grant to the claimant, which had been 'lost', Braja Kishore Jagdev v. Lingraj Samantaray, (2000) 6 SCC 540.Lost grant, is a presumption which arises in cases of immemorial user. It has its origin from the long possession and exercise of right by user of an easement with the acquiescence of the owner that there must have been originally a grant to the claimant which had been lost, Konda Lakshmana Bapuji v. Govt. of Andhra Pradesh, (2002) 3 SCC 258.Lost grant, the doctrine has no application to the case of inhabitants of particular localities seeking to establish rights of user to some piece of land or water. Since the right originated in grant, its owners, whether original or by devolution, had to be such persons as were capable of being the recipients of a grant, and a right exercisable by the inhabitants of a village from time t...
Prescription
Prescription [fr. pr'scribo, Lat.], title produced and authorised by long usage. It is known in the Roman Law as usucapio.Title by prescription arises from a long-continued and uninterrupted possession of property, and is thus defined by Sir Edward Coke (Co. Litt. 113 b), Pr'scriptio est titulus ex usu et tempore substantiam capiens ab authoritatelegis. (Prescription is a title taking his substance of use and time allowed by the law.)Every species of prescription, by which property is acquired or lost, is founded on the presumption that he who has had a quiet and uninterrupted possession of anything for a long period of years is supposed to have a just right, without which he would not have been suffered to continue in the enjoyment of it. For a long possession may be considered as a better title than can commonly be produced, as it supposes an acquiescence in all other claimants; and that acquiescence also supposes some reason for which the claim was foreborne, 1 Cruise's Dig., tit. X...
Inacquiescent
Not acquiescent or acquiescing...
Comply
To yield assent to accord agree or acquiesce to adapt ones self to consent or conform usually followed by with...
Contempt of court
Contempt of court, means civil contempt or criminal contempt.--A disobedience to or disregard of the rules, orders, process, or dignity of a Court, which has power to punish for such offence by committal. Contempts are either direct, which only insult or resist the powers of the Court, or the persons of the judges who preside there; or consequential, which, without such gross insolence or direct opposition, plainly tend to create a universal disregard of their authority. Contempts may be divided into acts of contempt committed in the Court itself (in facie curi') and out of Court. Among the former are all unseemly behaviour (for which, and which only (see Reg. v. Lefroy, (1873) LR 8 QB 134), there is an express power to punish by s. 162 of the (English) County Courts Act, 1888), as talking boisterously, applauding any part of the proceedings, refusing to be sworn or to answer a question as a witness, interfering with the business of the Court on the part of a person who has no right to...
Lying by
Lying by. A person who, by his presence and silence at a transaction which affects his interests, may fairly be supposed to acquiesce in it, if he afterwards propose to disturb the arrangement, may be prevented from doing so by reason that he has been lying by. See LACHES....
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...
- << Prev.
- Next >>