Acquiescence - Law Dictionary Search Results
Home Dictionary Name: acquiescenceAcquiescence
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....
acquiesce
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 ...
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...
consent
consent 1 a : compliance in or approval of what is done or proposed by another ;specif : the voluntary agreement or acquiescence by a person of age or with requisite mental capacity who is not under duress or coercion and usually who has knowledge or understanding see also age of consent, informed consent, rape, statutory rape b : a defense claiming that the victim consented to an alleged crime (as rape) 2 : agreement as to action or opinion [shall have power, by and with the advice and of the Senate, to make treaties "U.S. Constitution art. II"] [a contract is formed by the of the parties established through offer and acceptance "Louisiana Civil Code"] ;specif : voluntary agreement by a people to organize a civil society and give authority to a government consent vi con·sent·er n ...
estoppel
estoppel [probably from Middle French estoupail plug, stopper, from estouper to stop up see estop ] 1 : a bar to the use of contradictory words or acts in asserting a claim or right against another ;esp : equitable estoppel in this entry compare waiver equitable estoppel : an estoppel that prevents a person from adopting a new position that contradicts a previous position maintained by words, silence, or actions when allowing the new position to be adopted would unfairly harm another person who has relied on the previous position to his or her loss called also estoppel in pais NOTE: Traditionally equitable estoppel required that the original position was a misrepresentation which was being denied in the new position. Some jurisdictions retain the requirement of misrepresentation. estoppel by deed : an estoppel precluding a person from denying the truth of any matter that he or she asserted in a deed esp. regarding his or her title to the property compare after-acquired title a...
Comply
To yield assent to accord agree or acquiesce to adapt ones self to consent or conform usually followed by with...
Nonacquiescence
Refusal of acquiescence failure to yield or comply...
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