Avoidable Consequences - Law Dictionary Search Results
Void
an absolute meaning. It only conveys the Idea that the order is invalid or illegal. It can be avoided. There are degrees of invalidity, depending upon the gravity of the infirmity, as to whether it is, fundamental … (2000) 2 SCC 756. Void, in relation to a juristic act, 'void' means without legal force, effect or consequence; not binding; invalid; null; worthless; cipher; useless; and ineffectual etc., void agreements are destitute of all legal effects
Outlawry
Outlawry [fr. utlagaria, Lat.], the being put out of the law for contempt in wilfully avoiding the execution of the process of the King's Court. Outlawry has long been obsolete in civil proceedings, and … which Act, while abolishing forfeiture for felony expressly provides that nothing therein shall affect the law of forfeiture consequent on outlawry; and the procedure in and for reversal of outlawry is given in Rules 88-110 of the
Shall
the word 'shall' would make the provision imperative, it would ascertain the intendment of the legislature and the consequences from its own construction of the word 'shall', Ganesh Prasad Sah Kesari v. Lakshmi Narayan Gupta, AIR 1985 … that his language seems to be less ambersome and clumsy and is easier to follow. He may also avoid positive errors, such as have resulted from the use of 'shall' in a will, a document written now
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Prerogative of mercy
it; though afterwards he might remit the fine, because though the prosecution is vested in the King of avoid multiplicity of suits, yet (during its continuance) this offence savours more of the nature of a private injury … by wager of battel (see that title) were abolished in 1819 by 56 Geo. 3, c. 46, in consequence of Ashford v. Thornton, (1818) 1 B&A 405. Blackstone observes that the King could not pardon a common
Forfeiture
under pain of forfeiture to the lord. The Crown may, however (see MORTMAIN), grant a licence which will avoid this forfeiture. By the (English) Mortmain and Charitable Uses Act, 1888 (51 & 52 Vict. c. 42), s. … that no conviction, etc., for treason or felony, or felo de se, shall cause any forfeiture except as consequent on outlawry. The Act also makes provision for the appointment by the Crown of administrators of the property
Uses
nullity, since it was an interest unknown to the Common Law before the statute. This doctrine and its consequences have been explained thus: There are three conveyances, viz., appointment to uses, bargain and sale, and covenant to … it transvests the legal ownership and has the same effect as a feoffment or grant. It was to avoid the divesting of the legal estate in the feoffee to uses that the practice grew up of a
Civil Law
l. qu'situm est 30 D., De Peculio; which is the method adopted by Heineccius. The modern mode, which avoids all reference to the index, is thus, D. 15, 1, 30, 3. The first paragraph is not numbered, … Gaius Flavius, hence the title of the collection. The Flavian collection, being the first, was naturally imperfect; in consequence of which Sextus 'lius Paetus, surnamed Catus, published about 553 A.U.C. or 200 B.C. a supplement to it,
Desertion
intent to remain away therefrom permanently; (2) quits his unit, organization, or place of duty with intent to avoid hazardous duty or to shirk important service; or (3) without being regularly separated from one of the armed … a wife without cause refusing marital intercourse cannot allege 'desertion' by the husband 'without reasonable excuse' if in consequence he refuses to live with her, Synge v. Synge, 1901, P. 317. In Scotland, malicious desertion by one
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