Actual Practice - Law Dictionary Search Results
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cause 1 : something that brings about an effect or result [the negligent act which was the of the plaintiff's injury] NOTE: The cause of an injury must be proven in both tort and criminal cases. actual cause : cause in fact in this entry but-for cause : cause in fact in this entry cause in fact : a cause without which the result would not have occurred called also actual cause but-for cause concurrent cause : a cause that joins simultaneously with another cause to produce a result called also concurring cause compare intervening cause and superseding cause in this entry di·rect cause : proximate cause in this entry ef·fi·cient in·ter·ven·ing cause : superseding cause in this entry intervening cause 1 : an independent cause that follows another cause in time in producing the result but does not interrupt the chain of causation if foreseeable called also supervening cause compare concurrent cause and superseding cause in this entry 2 : super...
Discretion
Discretion, the word 'discretion' connotes necessarily an act of a judicial character, as used with reference to discretion exercised judicially, it implies the absence of a hard and fast rule, and it require an actual exercise of judgment and a consideration of the facts and circumstances with are necessary to make a sound, fair and just determination and a knowledge of the facts upon which discretion may properly operate. When it is said that something it to be done according to the rules of reason and justice and not according to the rules of reason and justice and not according to private opinion; according to law and not honour. It only gives certain latitude liberty accorded by statute or rules, to a judge as distinguished from a ministerial or administrative official, in adjudicating on matters brought before him, Aero Traders Pvt. Ltd. v. Ravinder Kumar Suri, AIR 2005 SC 15.--The word 'discretion' connotes necessarily an act of a judicial character, and, as used with reference ...
Expectant heir
Expectant heir. A person to whom property will accrue on the death of another person. expectant heirs wishing to anticipate this property have frequently borrowed money, to be repaid when the expected property shall devolve upon them. From the uncertainty of this period, the unsoundness of the security which the expectant heir can offer, and from the pressing character of his immediate necessities, the rate of interest is necessarily higher than that upon an ordinary loan, and is frequently very much higher than the risk run by the lender requires. At Common Law all such loans are good, and the interest upon them, however high, recoverable. By the Usury Acts, indeed-which, however, did not apply to loans to expectant heirs with any greater rigour than to loans to other persons'they were for a long period of yeas subject to the restriction that only a fixed maximum rate of interest could be exacted, but the Usury Acts were repealed in 1854 by 17 & 18 Vict. c. 90. See USURY.From very ear...
Release
Release [fr. relaxtio, Lat.], a gift, discharge, or renunciation of a right of action (see SURETY CON-SIDERATION); also a Common Law conveyance of a larger estate, or a remainder, or reversion to one already in possession, the operative verb in which is 'release'; hence the name. It operates or inures in five modes:-(a) By passing an estate to one or more already in possession (mitter l'estate), as where a coparcener conveys his estate to his coparcener, or where one of more than two joint tenants conveys his interest to one or more but not all of the others so as to sever that share. It also operates without mitter l'estate where one joint tenant releases his estate to the other, or all the other joint tenants so as not to create a severance. See Halsbury, L. of E., tit. 'Release.' In consequence of the privity between such parties, a fee-simple will pass without any words of limitation. Tenants in common, however, could not thus release to one another, since they had distinct interes...
Peerage
Peerage, the dignity of the lords, or peers of the realm. Where, on the death of a peer, doubts arise respecting the devolution of his dignity, and in all cases of long abeyance or other non-enjoyment of a peerage, the Lord Chancellor will not issue his writ of summons to a claimant without a previous investigation of his title, in order to which the claimant must present a petition to the Crown through the Home Secretary, which the Crown then refers to the Attorney-General, and in most cases the claim is subsequently referred to the Lords Committee for Privileges. For the practice and procedure in peerage claims, see Hubback on Succession, p. 84; Shrewsbury Peerage,(1857) 7 HLC 1; Palmer's Peerage Law in England. In modern practice the creation of a peerage must be shown to have taken place either by writ, or by letters patent; the latter mode of creation was introduced in the eleventh year of Ric. 2. If the claim is by writ, actually sitting in Parliament is also essential, for until...
order
order 1 : a state of peace, freedom from unruly behavior, and respect for law and proper authority [maintain law and ] 2 : an established mode or state of procedure [a call to ] 3 a : a mandate from a superior authority see also executive order b : a ruling or command made by a competent administrative authority ;specif : one resulting from administrative adjudication and subject to judicial review and enforcement [an administrative may not be inconsistent with the Constitution "Wells v. State, 654 So. 2d 145 (1995)"] c : an authoritative command issued by the court [violated a court and was jailed for contempt] cease-and-de·sist order [sēs-ənd-di-zist-, -sist-] : an order from a court or quasi-judicial tribunal to stop engaging in a particular activity or practice (as an unfair labor practice) compare injunction, mandamus, stay consent order : an agreement of litigating parties that by consent takes the form of a court order final order : an order of a court...
Insurance
Insurance, see, Income-tax Act, 1961 (43 of 1961), s. 80C, Expl. 1.Insurance, the act of providing against a possible loss, by entering into a contract with one who is willing to give assurance, that is, to bind himself to make good such loss should it occur. In this contract, the chances of benefit are equal to the insured and the insurer. The first actually pays a certain sum, and the latter undertakes to pay a larger, if an accident should happen. The one renders his property secure; the other receives money with the probability that it is clear gain. The instrument by which the contract is made is called a policy; the stipulated consideration, a premium. As to what is known as a coupon policy, i.e., a coupon cut out of a diary, etc., see General Accident, etc., Assce. Corpn. v. Robertson, 1909 AC 404.Insurable Interest must be possessed by the person taking out a policy; he must be so circumstanced as to have benefit from the existence of the person or thing insured, and some preju...
Undue influence
Undue influence, Any influence, pressure, or domination in such circumstances that the person acting under that influence may be held not to have exercised his free and independent volition in regard to the act.As to gifts, see title SPIRITUALISM and Lyon v. Home, (1868) LR 6 Eq 655, and as to wills, see Parfitt v. Lawless, (1872) LR 2 P&M 462.In the case of benefits or advantages obtained in certain relationships, the existence of this influence is presumed, e.g., guardian and ward, a parent over a child upon or soon after attaining age and the possession of property, a guide or instructor, medical advisers, ministers or professors of religion, managers of business [Coomber v. Coomber, (1911) 1 Ch 174], attendants upon or advisers of aged and infirm people. In such cases, in regard to transactions inter vivos, the onus of proving absence of undue influence lies on the person claiming the benefit of the disposition or act, and in some cases, e.g., gifts by clients to their solicitors (...
Trust
Trust, is a comprehensive expression, as covering not only the relationship of trustee and beneficiary but also that a bailor and bailee master and servant pledger and pledgee, guardian and ward and all other relations which postulate the existence of fiduciary relationship between the complainant and the accused, State v. K.P. Jain, (1983) 2 Crimes 947 (All).Trust, is a trust for public purposes, the substances and primary intention of the creator must be seen, Shabbir Husain v. Ashiq Husain, AIR 1929 Oudh 225.Trust, is an obligation annexed to ownership. A trustee holds property 'subject' to an obligation, which the testator has imposed upon him, Mahadeo Ramchandra v. Damodar Vishwanath, AIR 1957 Bom 218: (1957) 59 Bom LR 478.Means any arrangement whereby property is transferred with intention that it be administered for another's benefit is a trust. It casts an obligation on the trustee to use the property for achieving the purpose for which the trust is created, Baba Jamuna Das Mah...
Service
Service [fr. servitium, Lat.], that duty which a tenant, by reason of his estate, owes to his lord. There are many divisions of this duty in our ancient law books, as into personal and real, which is either urbane or rustic, free and base, continua land annual, casual and accidental, intrinsic and extrinsic, certain and uncertain, etc. see TENURE.The formal delivery of a writ, summons of other legal process 2. The formal delivery of some other legal notice such as pleading, Black's Law Dictionary, 7th Edn., p. 1372.The formal mode of bringing a writ or other process, or a notice in a suit, to the knowledge of the person affected by it.The service of writs of summons is regulated by (English) R.S.C. 1883, Ord. IX., which by r. 1 dispenses wit service, when (as is usual) the defendant, by his solicitor, agrees to accept service, and enters an appearance. By r. 2, service, when required, must be personal, unless an order for 'substituted service, or the substitution of notice for service,...
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