Charged Circumstances - Law Dictionary Search Results
Home Dictionary Name: charged circumstancesLien
Lien [answering to the tacita hypotheca of the Civil Law], a right in one man to retain that which is in his possession belonging to another, until certain demands of the person in possession are satisfied. It is neither a jus in re, nor a jus ad rem--i.e., it is not a right of property in the thing itself, or right of action to the thing itself.It is either particular, as a right to retain a thing for some charge or claim growing out of, or connected with, the identical thing; or general, as a right to retain a thing not only for such charges or claims, but also for a general balance of accounts between the parties in respect to other dealings of the like nature.General and particular liens may arise: (1) by an express contract; (2) by an implied contract, resulting from the usage of trade, or the manner of dealing between parties. General lines are not favoured in law, but some judicially recognized general lines are bankers', solicitors', factors', stockbrokers'. See Halsb. L.E., ti...
Further advance, or charge
Further advance, or charge, a second or subsequent loan of money to a mortgagor by a mortgagee, either upon the same security as the original loan was advanced upon, or an additional security, Equity considers the arrears of interest on a mortgagee security converted into principal, by agreement between the parties, as a further advance.Although the tacking of a third or subsequent mortgage has been abolished by the Law of Property Act, 1925, s. 94, that s. has expressly preserved the right to tack a further advance by a prior mortgage so that the advance may rank in priority to subsequent mortgages, even if the further advance was made with notice of a subsequent mortgage or charge in cases where the mortgage imposes an obligation to make further advances. Where the mortgage is to secure a current account or any other further advances, notice of an intervening charge will postpone the further advance to that charge but (by way of exception) in this case notice will not be imputed to t...
Otherwise than under normal circumstances
Otherwise than under normal circumstances, means death not being in the usual course but apparently under suspicious circumstances if not caused by burns or bodily injury, Shanti v. State of Haryana, 1991 (1) SCC 371.The terms 'normal circumstances' apparently means not the natural death. The expression 'other-wise than under normal circumstances' would mean the death not in usual course but apparently under suspicious circumstances, if not caused by burns or bodily injury, Kans Raj v. State of Punjab, AIR 2000 SC 2324 (2334): (2000) 3 SCC 207. (Indian Penal Code, s. 304B)Otherwise than under normal circumstances, would mean death not in the usual course but apparently under suspicious circumstances, if not caused by burns or bodily injury, Kans Raj v. State of Punjab, (2000) 5 SCC 207....
mitigating circumstance
mitigating circumstance : a circumstance in the commission of an act that lessens the degree of criminal culpability [was convicted of manslaughter rather than murder because of mitigating circumstances] ;also : a circumstance or factor relating to an offense or defendant that does not bear on the question of culpability but that receives consideration by the court esp. in lessening the severity of a sentence [the mitigating circumstance of the defendant's terminal illness] compare aggravating circumstance ...
Circumstances
Circumstances, The 'circumstances' contemplated by s. 489(1) (now s. 127 of Cr PC,1973) must include financial circumstances and in that view, the inquiry as to the change in the circumstances must extend to a change in the financial circumstances of the wife, Bhagwan Dutt v. Kamla Devi (1975) 2 SCR 483: (1975) 2 SCC 386: AIR 1975 SC 83 (86).Circumstances would ordinarily mean situations or events extraneous to the activities of a concerned person or a group of persons, such as riots, disorders, tensions, religious, racial, regional or linguistic or other such commotions, which might by their pre-existence accentuate the impact of such activities affecting the security of the country or a part of it or the public order, Sambhu Nath Sarkar v. State of West Bengal, (1973) 1 SCC 856: (1974) 1 SCR 1: AIR 1973 SC 1425 (1439).An accompanying or accessory fact, event or condition, such as a piece of evidence that indicates the probability of an event, Black's Law Dictionary, 7th Edn....
Suspicious circumstances
Suspicious circumstances, any and every circum-stances is not a 'suspicious' circumstances. A circumstance would be 'suspicious' when it is not normal or is not normally expected in normal situation or is not expected of a normal person, Indu Bala Bose v. Manindra Chandra Bose, AIR 1982 SC 133 (134): (1982) 1 SCR 1188: (1982) 1 SCC 20. (Succession Act, 1925, ss. 74, 63)Means any and every circumstance is not a 'suspicious' circumstance. A circumstance would be 'suspicious' when it is not normal or not normally expected in a normal situation or is not expected of a normal person, Indu Bala Bose v. Mahindra Chandra Bose, (1982) 1 SCC 20....
aggravating circumstance
aggravating circumstance : a circumstance relating to the commission of an act that increases the degree of liability or culpability [punitive damages are recoverable in a conversion case when the evidence shows legal malice, willfulness, insult, or other aggravating circumstances "Schwertfeger v. Moorehouse, 569 So. 2d 322 (1990)"] ;also : a circumstance (as lack of remorse) relating to an offense or defendant that receives consideration by the court esp. in imposing a death sentence compare mitigating circumstance ...
lien
lien [Anglo-French, bond, obligation, literally, tie, band, from Old French, from Latin ligamen, from ligare to bind] : a charge or encumbrance upon property for the satisfaction of a debt or other duty that is created by agreement of the parties or esp. by operation of law ;specif : a security interest created esp. by a mortgage assessment lien : a lien that is on property benefiting from an improvement made by a municipality and that secures payment of the taxes assessed to pay for the improvement attachment lien : a lien acquired on property by a creditor upon levy of an attachment car·ri·er's lien : a lien against freight conferring on the carrier the right to retain the property until the amount due is paid charging lien : a lien attaching to a judgment or recovery awarded to a plaintiff and securing payment of the plaintiff's attorney's fees and expenses called also special lien choate lien : a lien that requires no further action to be made enforceable and th...
Changed Circumstances
Changed Circumstances, what the words ' 'changed circumstances' mean is the change in circumstances due to transfer of power in August 1947 and the coming into force of the Constitution in January 1950, and no more. Therefore when Art. 314 speaks of 'rights as similar thereto as changed circumstance may permit', it only means that a member of the former Secretary of State's Services would have rights similar to his pre-existing rights as the changed circumstances resulting from constitutional changes may allow, R.P. Kapur v. Union of India, AIR 1964 SC 787 (791): (1964) 5 SCR 431. [Constitution of India, Art. 314]...
Special circumstances
Special circumstances, the expression 'special cir-cumstances' is not defined in the Civil Procedure Code nor is it capable of any precise definition by the court because problems of human beings are so varied and complex. In its ordinary dictionary meaning it connotes something exceptional in character, extraordinary, significant, uncommon. It is an antonym of common, ordinary and general. It is neither practicable nor advisable to enumerate such circumstances. Non-service of summons will undoubtedly be a special circumstance, Rajni Kumar v. Suresh Kumar Malhotra, (2003) 5 SCC 315. (Civil PC, 1908, O. 37, R. 4)In its ordinary dictionary meaning it connotes some-thing exceptional in character, extraordinary, signi-ficant, uncommon. It is an antonym of common, ordinary and general. It is neither practicable nor advisable to enumerate such circumstances. Non-service of summons will undoubtedly be a special circumstance, Rajni Kumar v. Suresh Kumar Malhotra, AIR 2003 SC 1322: (2003) 5 SCC...
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