Actual Knowledge - Law Dictionary Search Results
Home Dictionary Name: actual knowledge Page: 3Instigate
Instigate, referred. (Penal Code, 1860, s. 107, Expl. I)Instigation is to good, urge forward, provoke, incite or encourage to do 'an act'. To satisfy the requirement of instigation though it is not necessary that actual words must be used to that effect or what constitutes instigation must necessarily and specifically be suggestive of the consequence. A word uttered in the fit of anger or emotion without intending the consequences to actually follow cannot be said to be instigation, Ramesh Kumar v. State of Chattisgarh, AIR 2001 SC 3837 (3844). (Penal Code, 1860, ss. 306 & 107); see also (2003) 12 SCC 469The word 'instigate' denotes incitement or urging to do some drastic or unadvisable action or to stimulate or incite. Presence of mens rea, therefore, is the necessary concomitant of instigation. It is common knowledge that the words uttered in a quarrel or in a spur of the moment cannot be taken to be uttered with mens rea. It is a fit of anger and emotional, Sanju v. State of Madhya ...
Occupation
Occupation, also is employed as referring to that which occupies time and attention; a calling; or a trade; and it is only as employed in this sense that the word is discussed in the following paragraphs.There is nothing ambiguous about the word 'occupation' as it is used in the sense of employing one's time. It is a relative term, in common use with a well-understood meaning, and very broad in its scope and significance. It is described as a generic and very comprehensive term, which includes every species of the genus, and encompasses the incidental, as well as the main, requirements of one's vocation calling, or business. The word 'occupation' is variously defined as meaning the principal business of one's life; the principal or usual business in which a man engages; that which principally takes up one's time, thought, and energies; that which occupies or engages the time and attention; that particular business, profession, trade, or calling which engages the time and efforts of an ...
Ouster
Ouster, dispossession.A wrong or injury that may be sustained in respect of hereditaments, corporeal or incorporeal, carry-ing with it the deprivation of possession; for thereby the wrongdoer gets into the actual occupation of the land or hereditament, and obliges him that has a right to seek his legal remedy in order to gain possession and damage for the injury sustained. Such dispossession may be either of the freehold or of chattels real.Ouster of the freehold was effected by various methods: 1, abatement; 2, intrusion; 3, disseisin; 4, discontinuance; and 5, deforcement.Ouster of chattels real consists: 1st, of a motion of possession from estates held by statute, recogni-zance, or elegit, which happens by a species of disseisin or turning out of the legal proprietor before his estate is determined, by raising the sum for which it is given to him in pledge; and 2nd, of a motion of possession from an estate of years, which takes place by a like kind of disseisin, ejection, or turning...
impute
impute im·put·ed im·put·ing 1 : to consider or calculate as a value or cost (as for taxation) ;broadly : to reckon as an actual thing [ a benefit from the use of the car] 2 in the civil law of Louisiana : to direct (payment) to principal or interest 3 : to attribute to a party esp. because of responsibility for another [ knowledge to his corporate superior] im·pu·ta·tion [im-pyə-tā-shən] n ...
Fraud
Fraud, a fraud is an act of deliberate deception with the design of securing something by taking unfair advantage of another. It is a deception in order to gain by another's loss. It is a cheating intended to got an advantage, S.P. Chengalvaraya Naidu v. Jagannath, AIR 1994 SC 853 (855): (1994) 1 SCC 1.A term used in a variety of meanings. At Common Law, fraud is actionable under the heading of deceit (q.v.).A knowing misrepresentation of the truth or con-cealment of a material fact to induce another to act to his or her detriment, Black's Law Dictionary, 7th Edn., p. 670.In equity and upon the equitable principles which are now applicable in any Court of law, fraud may be described as an infraction of the rules of fair dealing. For the action at law intention and representation (q.v.) are material. In equity an act or its consequences to the person aggrieved may be of greater importance than the intention of the defendant or any representation made to the plaintiff, and the same may b...
Induction
Induction [fr. inductio, Lat., a leading into], the giving a parson possession of his church.A clerk is not complete incumbent until induction, which is performed by a mandate from the bishop to the archdeacon, or if the church be exempt from arch diaconal jurisdiction, to the chancellor or commissary, or if it be a peculiar, to the dean or judge, who usually issues a precept to another clergyman to perform it for him.The person who inducts takes the hand of the clerk, and lays it on the ring, key, or latch of the church-door, or wall of the church, or delivers a clod, turf, or twig of the glebe, and 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 the investiture of the temporal part of the benefice or the corporal seisin, as institution (see INSTITUTION), which may take place anywhere, whereas induc...
Office of profit
Office of profit, a person who was a Pramukh at the time of filing of nomination papers and who was drawing a honorarium was not holding an office of profit, Umrao Singh v. Yeshwant Singh, AIR 1970 Raj 134 (141). [Constitution of India, Art. 102(1)(a)]It need not be in the service of Government. Generally it is understood that an office means a position to which certain duties are attached. An office of profit involves two elements namely that there should be such an office and that it should carry some remunerations. It is not the same as holding a post under the Government and therefore for holding an office of profit under the Government, a person need not be in the service of the Government, Satrucharla Chandrasekhar Raju v. Vyricherla Pradeep Kumar Devi, AIR 1992 SC 1959: (1992) 4 SCC 404.The word 'office' does not, therefore, necessarily imply that it must have an existence apart from the person, who may hold it. Cases are known, in which, in order to make use of the Special know...
Partition
Partition, is mitakshara 'partition' may be only severance of the joint status of the members of the coparcenary, that it to say, what was once a joint title has become a divided title though there has been no division of any properties by metes and bounds, Nani Bali v. Gita Bai Kom Rama Gunge, AIR 1958 SC 706. See also Jalaja Shethi v. Lakshmi Jalaja Shethi, AIR 1973 SC 2658.Includes both division of states as well as division of meats and bounds, Sundara 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. Bijendra Narain Chowdhary, AIR 1967 SC 1124: (1967) 4 SCD 501.Partition, signifies a surrender of a portion of the joint rights in exchange for a similar right from the co-sharer, Rasa v. Arunachala, AIR 1932 Mad 577.Partition, the act of dividing.Before 1926 all co-owners of land might make partition, and coparceners were c...
Reasonable requirement
Reasonable requirement, belongs to the knowledge of the law and means reasonable not in the mindof 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 than absolute necessity, Petro-leum Worker's Union v. Mohammed & Co., AIR 1967 Mad 33: 1965 MP LJ 979: (1966) 17 STC 1: 1965 Jab LJ 1065.The words 'reasonable requirement' postulate that there must be an element of need as opposed to a mere desire or wish. The connotation of the term 'need' or 'requirement; should not be artificially extended nor its language so unduly stretched or strained so as to make it impossible or extremely difficult for the landlord to get a decree for eviction, Bega Begum v. Abdul Ahad Khan, AIR 1979 SC 272 (276). [J&K Houses and Shops Rent Control Act (34 of 1966), s. 11(1)(h)]What is reasonable requirement is a question of fact and it depends upon the circumstances of each case....
Scintilla juris et tituli
Scintilla juris et tituli [Lat.] (a spark of law and title).A possibility of seisin, which was supposed to exist in the grantee to uses, when all actual seisin was taken from him by the operation of the statute, upon a limitation of springing uses and the creation of contingent ones. 'If land be given to A. and his heirs, to the use of B. and his heirs until the marriage of C., and then to the use of C. and his heirs, here B. immediately becomes tenant in fee by force of the statute; and to give him this estate the whole seisin of A. is exhausted; now the marriage takes effect, and who is seised to the use of C (Burt. Comp., 6th Edn. p. 59).This doctrine of scintilla juris, the knowledge of the exact character of which appears to be rendered unnecessary by s. 7 of the (English) Law of Pro-perty Amendment Act, 1860 (now repealed by the (English) Law of Property Act, 1925, 7th Sch.), has been warmly contested. Lord Coke admitted it (Chudleigh's case, 1 Co., p. 121 a), so did Mr. Booth (s...
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