Antecedent - Law Dictionary Search Results
Home Dictionary Name: antecedentAntecedent debt
Antecedent debt, means antecedent in fact as well as in time, that is to say, that the debt must be truly independent of and not part of the transactions impeached. The debt may be a debt incurred in connection with a trade started by the father, V. Prasad v. Govindswami Mudaliar, (1982) 1 SCC 185 (203): AIR 1982 SC 84.Antecedent debt in this context means a debt antecedent in fact as well as in time, i.e., the debt must be truly independent and not part of the mortgage which is impeached. In other words, the prior debt must be independent of the debt for which the mortgage is created and the two transaction must be dissociated in fact so that they cannot be regarded as part of the same transaction, Virdhachalam Pillai v. Chaldean Syrian Bank Ltd, 1964 SC 1425: AIR (1964) 5 SCR 647....
last antecedent rule
last antecedent rule : a doctrine in the interpretation of statutes: qualifying words or phrases refer only to the last antecedent word or phrase unless the context or entire act clearly requires otherwise called also last antecedent doctrine ...
Character and antecedents
Character and antecedents, facts which become known to justices when they inquire into the circumstances of a case before deciding to proceed summarily may not be taken into consideration when they come to decide whether to commit for sentence, but where they have failed to make a proper inquiry before deciding to proceed summarily, they may have regard to facts relating to character and antecedents which have emerged subsequently, R.V. King's, Lynn, JJ., Carter Ex parte, (1969) 1 QB 488....
antecedent
antecedent : earlier in time or order ...
antecedent debt
antecedent debt see debt ...
A priori
A priori. All arguments may be divided, according to the relation of the subject-matter of the premises to that of the conclusion, into (a) a priori (from the antecedent to the consequence), or those of such a nature that the premises would account for the conclusion, were that conclusion granted, which is the Aristotelian method of reasoning; and (b) a posteriori (from the consequence to the antecedent), or those whose premises could not have been used to account for the conclusion, which is the Baconian method of reasoning. The former class is manifestly argument from cause to effect, since to account for anything signifies to assign the cause of it. The latter class comprehends all other arguments...
debt
debt [Old French dette, ultimately from Latin debita, plural of debitum debt, from neuter of debitus, past participle of debere to owe] 1 : something owed: as a : a specific sum of money or a performance due another esp. by agreement (as a loan agreement) [to pay the s…of the United States "U.S. Constitution art. I"] [a for alimony] b : an obligation to pay or perform on another's claim [discharged the ] compare asset, equity NOTE: It is often up to the courts to decide what is or is not a debt under various laws. Courts disagree whether criminal restitution is a debt under the Bankruptcy Code. The historical practice of imprisoning debtors for nonpayment is no longer used. antecedent debt : debt that is incurred prior to a property transfer paying or securing the debt compare preference bad debt : a debt that cannot be collected NOTE: An income tax deduction is allowed for bad debts. consumer debt : debt that is incurred by an individual primarily for the purchase of ...
preference
preference 1 : the right to prior payment of a debt [with over the creditors of the heirs or legatees "Louisiana Civil Code"] 2 : the transfer of an insolvent debtor's interest in property to a creditor for an earlier debt that gives the creditor more than the creditor would otherwise receive (as under a bankruptcy settlement) called also voidable preference compare antecedent debt at debt, fraudulent conveyance general assignment at assignment NOTE: Preferences can be voided by a bankruptcy trustee because they diminish the bankruptcy estate out of which other creditors will be paid. Preferences must be made during a period (as 90 days before the date of filing a bankruptcy petition) established by bankruptcy law in order to be voidable. Perfection or grant of a security interest during this period is also a preference. The bankruptcy law states exceptions under which payments to creditors are not voidable preferences. 3 : priority ...
Enthymeme
An argument consisting of only two propositions an antecedent and consequent deduced from it a syllogism with one premise omitted as We are dependent therefore we should be humble Here the major proposition is suppressed The complete syllogism would be Dependent creatures should be humble we are dependent creatures therefore we should be humble...
Etiolin
A yellowish coloring matter found in plants grown in darkness which is supposed to be an antecedent condition of chlorophyll...
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