Actual Knowledge - Law Dictionary Search Results
Constructive notice
precautions which are not less required because the law facilitates his disregard of them, or if he obtains actual notice of a defect in title. The facts from which constructive notice will be deemed to arise are … Constructive notice. The knowledge which is imputed to a party: (a) if he omits to make the usual and proper inquiry into
Induction
gives corporal possession of the church, saying:-- By virtue of this mandate I induct you into the real, actual, and corporal possession of the church of [Stow], with all rights, profits, and appurtenances thereto belonging.' Induction is … as prescribed by lawful authority; and That he has in no way made a contract, simoniacal to his knowledge, for the living, and will not perform any promise of that kind, made by others; And he must
Trespass
plaintiff's person or property. A trespass is an injury committed with violence, and this violence may be either actual or implied; and the law will imply violence, though none is actually used, where the injury is of … is a transgression of law or right, and a trespasser is a person entering premises of another with knowledge that his entrance is in excess of the permission that has been given to him, Kewal Chand Mimani
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Fraud
App Cas 210; see also LACHES. Constructive fraud. Such acts or contracts as, though not originating in any actual evil design or contrivance to perpetrate fraud or injury upon others, yet, by their tendency to deceive or … making him believe it to be true. The representation to become fraudulent must be of the fact with knowledge that it was false. In a leading English case, Derry v. Peek, (1886-90) All ER 1: (1889) 14
Partition
v. Girija, AIR 1962 Mys 72. Is the determination of shares of the coparceners in the joint family. Actual division of the property by metes and bounds is not necessary to constitute partition, Girija Nandi Devi v. … himself from the family. The further requirement is that this unequivocal intention to separate must be to the knowledge of the persons affected by such declaration. This intention to separate maybe manifested in diverse ways, Kalyani v.
Deed
paper or parchment duly signed, sealed, and delivered. It is either an indenture (factum inter partes) needing an actual indentation [(English) Real Property Act, 1845 (8 & 9 Vict. c. 106), s. 5], reproduced by the Law … effect; as (a) Where it is wanting in any of the essentials such as want or capacity, or knowledge of the contents, or intention of the deed, or under a common mis-take of fact as to the
Reasonable requirement
and means reasonable not in the mind of the person requiring the accommodation but reasonable according to the actual facts, Damodar Sharma v. Nandram Deviram, AIR 1960 MP 345 (FB). Connotes something more than desire but less … Reasonable requirement, belongs to the knowledge of the law and means reasonable not in the mind of the person requiring the accommodation but reasonable
Office of profit
of yielding a profit or from which, a man might reasonably be expected to make a profit. The actual making of profit is not necessary. Profit means gain or any material benefit, Dr. Deorao Laxman Anande v. … person, who may hold it. Cases are known, in which, in order to make use of the Special knowledge, talent, skill or experience of certain persons, posts are created, which exist only for so long as they
fraud
also misrepresentation NOTE: A tort action based on fraud is also referred to as an action of deceit. actual fraud : fraud committed with the actual intent to deceive and thereby injure another called also fraud in … : a misrepresentation or concealment with reference to some fact material to a transaction that is made with knowledge of its falsity or in reckless disregard of its truth or falsity and with the intent to deceive
opinion
quasi-judicial authority or body regarding the effect of the law on a situation that does not present an actual controversy between parties [to answer questions which were not brought before this Court would be to issue an … opinion 1 a : a belief stronger than impression and less strong than positive knowledge b : a formal expression of a judgment or appraisal by an expert see also opinion testimony at
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