Attained - Law Dictionary Search Results
Home Dictionary Name: attainedAttained
Attained, the word 'attained' means acquired or reached, NC Dalwadi v. State of Gujarat, AIR 1987 SC 1933 (1937): (1987) 3 SCC 611. [Bombay Civil Service Rules 1959, Rule 161(1)(c)(ii)(l)]...
Attains du fet
Attains du fet [Fr.], convicted of the fact,caught by it, having it brought home to one, Wedgw....
Minor
Minor, a person under twenty-one years of age. There is no legal distinction between a minor in this sense and an infant. See INFANT. Strictly speaking, in Scotland a minor is a person between the ages of pupilarity and majority--in males from fourteen to twenty-one years and females from twelve to twenty-one years. minors must act with a curator if they have one, whereas pupils (under the age of pupilarity) act through their tutor. These are summary disabilities imposed by Common Law and Statute on minors.It means a person of either sex who is under eighteen years of age. [Child Marriage Restraint Act, 1929, s. 2 (d)]It means a person who has completed the age of sixteen years but has not completed the age of eighteen years. [Immoral Traffic (Prevention) Act, 1956, s. 2 (cb)]It means a person who has not attained the age of eighteen years. [Workmen's Compensation Act, 1923 (8 of 1923), s. 2 (1) (ff)]It means a person who has not attained the age of eighteen years. [Citizenship Act, 19...
Contingent legacy
Contingent legacy, one bequeathed on a contingency; e.g., if the legatee attain twenty-one.The contingency may only relate to the disposal of the fund, or it may relate to the position or existence of the beneficiary; in the first case as in a bequest to be paid or payable to A. when he shall attain twenty one years, the legacy is vested and not contingent and although he may never attain the age his personal representatives will be entitled to the legacy, but if the words 'paid' or 'to be payable' are omitted and the legacy is to A. on attaining twenty-one years of age his personal representatives will not be entitled to the legacy if he dies under that age. These are said to be positive rules of construction, Williams on Executors and Administrators, 12th Edn. P. 794, but the prima facie inference may be negatived by the context of the will taken as a whole. There are certain other guides to construction, e.g., in general, a gift of interest in the interim or a direction to pay maint...
Widow
Widow, a woman whose husband is dead and who has not remarried, Black's Law Dictionary, 7th Edn., p. 1592.A widow is entitled equally with next of kin to administration of her deceased husband's estate subject to the discretion of the Court [see In the Estate of Paine, A.J., (1916) 115 LT 935]In regard to deaths after 1925, by the Administration of Estates Act, 1925, s. 46:-(1) The residuary (real and personal) estate of an intestate shall be distributed in the manner or be held on the trusts mentioned in this s., namely:-(i) If the intestate leaves a husband or wife (with or without issue) the surviving husband or wife shall take the personal chattels (q.v.) absolutely and in addition the residuary estate of the intestate shall stand charged with the payment of a net sum of 1000l. free of death duties and costs to the surviving husband or wife (with interest from date of death at 5 per cent. per annum until paid or appropriated and subject thereto as provided).(a) If the intestate lea...
Infant
Infant [fr. infans, Lat., one who cannot speak], a person under twenty-one years of age, whose acts are in many cases either void or voidable. See AGE.At Common Law, the contracts of infants are divided into three classes: 1st. Those which are absolutely void; such as are positively injurious to the interests of the infant, and can only operate to his prejudice; as a surety-bond, or a release to his guardian.2nd. Those which are only voidable: such as are beneficial to him, which he may affirm or avoid when he comes of age; as a conveyance of lands, a promissory note, an account stated.3rd. Those which are binding ab initio and need on ratification: such as contracts for the public service, Articles of apprenticeship [see Green v. Thompson, (1899) 2 QB 1], executed contracts of marriage, representative acts as executor or trustee, contracts for necessaries. In an action brought for the price of goods, if the defendant pleads infancy, the onus is on the plaintiff to prove that the goods...
Pension
Pension, an annual allowance made to any one, usually in consideration of past services.By the (English) Succession to the Crown Act, 1707, (6 Anne, c. 7) (c. 41 in the Revised Statutes), and 1 Geo. 1, st. 2, c. 56, no person having a pension under the Crown during pleasure, or for any term of years, is capable of being elected or sitting in the House of Commons.Old Age Pension.--The (English) Old Age Pensions Act, 1908, which was not on a contributory basis, gave to every person the right to a pension who fulfilled certain conditions. The Act, with the amending (English) Old Age Pensions Acts, 1911, 1919 and 1924, has been repealed by the (English) Consolidating Old Age Pensions Act, 1936 (26 Geo. 5 and 1 Edw. 8, c. 31). These conditions are contained in s. 2 of the Act of 1936, as follows:-2. The statutory conditions for the receipt of an old age pension by any person are--(1)The person must have attained the age of seventy, or in the case of a blind person, the age of fifty.(2)The p...
Superannuation
Superannuation, connotes a distinct meaning. It ordinarily means, unless otherwise provided for in the statute, that not only he reaches the age of superannuation thereof, but also becomes entitled to the retiral benefits thereof including pension. 'Voluntary retirement' could have fallen within the afore-mentioned expression, provided it was so stated expressly in the scheme, HEC Voluntary Retd. Emps. Welfare Society v. Heavy Engineering Corporation Ltd., AIR 2006 SC 1420.Superannuation, in relation to an employee, means the attainment by the employee of such age as is fixed in the contract or conditions of service as the age on the attainment of which the employer shall vacate the employment. [Payment of Gratuity Act, 1972 (39 of 1972), s. 2(r)]In relation to an employee, who is the member of the Pension Scheme means the attainment, by the said employee, of the age of fifty eight years. [Emp-loyees' Provident Funds and Miscellaneous Pro-visions Act, 1952 (19 of 1952), s. 2(ll)]The wo...
Maximum
The greatest quantity or value attainable in a given case or the greatest value attained by a quantity which first increases and then begins to decrease the highest point or degree opposed to minimum...
False Verdict
False Verdict. Formerly, if a jury gave a false verdict, the party injured by it might sue out a writ of attain against them, either at Common Law or on 11 Hen. 7, c. 24, at his election, for the purpose of reversing the judgment and punishing the jury for their verdict; but not where the jury erred merely point at law, if they found according to the judge's direction. The practice of setting aside verdicts and granting new trials, however, so superseded the use of attains that there is no instance of one to be found in our books of reports later than in the time of Elizabeth, and it was altogether abolished by the (English) County Juries Act, 1825 (6 Geo. 4, c. 50), s. 60....
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