Common Intention Common Object - Law Dictionary Search Results
Possession
has it and can exercise it, Chhedi Ram v. Mahngoo Tiwari, 1969 All WR (HC) 230. Possession, in common parlance denoted to occupy, to have or hold as owner, to obtain, to maintain, Krishna Prasad Jaiswal v. … not imply mere acts of the user, or of occupation alone, but the occupation must be with the intention of exercising some claim or right in respect of the property occupied. A person who has no claim … the same time in virtue of different proprietary rights. Possession is the objective realisation of ownership. It is the de facto exercise of a claim
Cy-pres
order that effect may be given to the general object, as near as may be to the testator' intention, according to law. Thus, where a testator has devised lands in a manner transgressing the rules of perpetuity … new scheme upon the principles of the original charities. There is also amodification of the strictness of the Common Law as to conditions precedent in regard to personal legacies, which is at once rational and convenient, and
Knowledge
intention, the consequence being fore-known as the inevitable concomitant of that which is desired, but being itself an object of repugnance rather than desire, and therefore not intended, John Salmond, Jurisprudence, 380-381, Glanville L Williams; see also … fact. It is necessary..... to distinguish between producing a result intentionally and producing it knowingly. Intention and knowledge commonly go together, for he who intends a result usually knows that it will follow, and he who knows
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Trust
to the interest he intends to give, having regard as a rule to the technical terms of the Common or Statutory Law in the limitations of legal estate. Before 1926 an equitable entail would in the case … K.P. Jain, (1983) 2 Crimes 947 (All). Trust, is a trust for public purposes, the substances and primary intention of the creator must be seen, Shabbir Husain v. Ashiq Husain, AIR 1929 Oudh 225. Trust, is an … deed, provided it relate to the subject-matter, and the precise nature and object of the trust can be ascertained. a trust cannot be engrafted upon
trust
beneficiaries, limited liability, legal title in the hands of trustees, and officers having duties of management called also common-law trust Massachusetts trust NOTE: A trust that qualifies as a business trust is eligible for bankruptcy protection under … (as securing the property, ascertaining the objects of the trust, or making distributions) express trust : a trust intentionally created by the settlor ;specif : a trust created by a positive act of the settlor and set … or trustee has duties to perform (as securing the property, ascertaining the objects of the trust, or making distributions) express trust : a trust intentionally
Pawn or Pledge
to his creditor, to be kept till the debt is discharged. A mortgage of goods is in the Common Law distinguishable from a mere pledge or pawn. By a mortgage the whole legal title passes conditionally to … for a sale, or he may proceed to sell ex mero motu, upon giving due notice of his intention to the pledgor. If several things be pledged, each is deemed liable for the whole debt or engagement; … to the exclusive possession of it during the time and for the objects for which it is pledged. The pledgee has a right to sell
Abduction
and see (English) Children and Young Persons Act, 1933 (23 & 24 Geo. 5, c. 12). (3) The Common Law misdemeanour of forcibly stealing or carrying away any person, sometimes known as kidnapping and more accurately described … be an assault which is an offence against the human body and that assault should be with the intention of abducting , and whenever these elements are present the clause will be applicable (Penal Code 1860), Vishwanath … offence would be complete if the abduction was completed with the said objective, State of West Bengal v. Mir Mohammad Omar, (2000) 8 SCC 382.
Person
2 Ch 525. A corporation is not a person for the purpose of suing the penalties as a common informer unless expressly empowered by statute to do so, Guardians of St. Leonards v. Franklin, 3 CPD 377. … of Parliament passed after 1st January, 1890, includes 'any body of persons corporate or unincorporate' unless the contrary intention appears, Interpretation Act, 1889, s. 19. A corporation, such as a limited company, may be a 'respectable and … (1969) 1 SCC 776: (1969) 3 SCR 993. Taking into account the object of the Act there could be no difficulty in giving the plain
Appointment in exercise of a Power
also be reserved over personal estate, and in that case also only the equitable estate now passes; a common instance is the power of appointment among the issue usually given by a marriage settlement, by virtue of … recite or refer to the power, and be expressed to be in exercise of it, as manifesting the intention of the appointor, or person executing the power, and also of every other authority enabling him in that … law and are not to be invalidated on the ground that any object of the power is thereby excluded or takes an illusory share. See
Consideration
SATISFACTION. (b) Illegal and impossible consideration. A contract may be illegal because it contravenes the principles of the Common Law, or the special requirements of a statute. The former illegality exists whenever the consideration is founded upon … (1875) LR 10 Exch 153. Consideration is one of the facts which the courts require as evidence of intention, (a) that a person intends his promise to be binding on him, or (b) that he intends to … expressly prohibited, or when the prohibition is implied from the nature and object of the statute. A contract founded upon an impossible consideration is void;
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