Apparent Authority - Law Dictionary Search Results
Court of record
a duty to itself to keep all its records correctly and in accordance with law. Hence, if any apparent error is noticed by the High Court in respect of any orders passed by it the High Court … court of record is undoubtedly a superior court which is itself competent to determine the scope of its jurisdiction, M.M. Thomas v. State of Kerala, (2000) 1 SCC 666. In relation to any matter, means the court
Perpetuating testimony
exercised, by preserving the evidence in maintenance of an unpossessed legal right, or where an adversary with an apparent right is postponing his attack against the lawful possessor, until the death of witnesses who can give evidence … commence an action to perpetuate any testimony which may be material for establishing such right or claim. This jurisdiction emanates from the anxiety of equity to ward off litigation, where it may be oppressively exercised, by preserving
Void and voidable
filed for a declaration that a document is fraudulent and/or forged and fabricated, it is voidable as the apparent state of affairs is the real state of affairs and a party who alleges otherwise is obliged to … expression 'void' has several facets. One type of void acts, transactions, decrees are those which are wholly without jurisdiction, ab initio void and for avoiding the same, no declaration is necessary, law does not take any notice
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Tort
that relationship, the action is one of tort--per Collins, M.R., in Sachs v. Henderson, (1902) 1 KB 612. Apparently if the plaintiff has suffered an injury for which, apart from the contract, he could have recovered damages, … those titles). Actions are divided into actions in contract and actions in tort: see as to county Court jurisdiction in actions of tort when claim is under 100l. (except libel, slander seduction). See County Courts Act, 1934,
Water and watercourse
enter upon land belonging to another to take water is not a profit a prendre and is not, apparently, a subject of prescription, but it may be acquired by custom or usage. See Halsb. L.E., tit. 'Customs … on Gas and Water Supply), each of them consolidate in one Act provisions usually contained in special Acts authorizing the construction of waterworks by companies for the supply of water to the public at a limited profit
Trust
the property for achieving the purpose for which the trust is created, Baba Jamuna Das Mahanth v. Prescribed Authority, Urban Land Ceiling, Gorakhpur, AIR 1984 All 357. Means the right, enforceable solely in equity, to the beneficial … informal limitations in tail in executory instru-ments or wills to limitations of personalty, and s. 130 (1), which apparently directs that limitations in tail (without any reservation or qualification for the case of executory instruments or wills)
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