Constructive Intent - Law Dictionary Search Results
Sufferance, Tenancy at
an abator. The same doctrine is laid down in 1 Inst. 271. This tenancy is created only by construction of law, and cannot originate in the agreement of the parties. for the agreement of the parties would … pass either an estate at will, or for a term, or from year to year, according to their intention. There exists no privity between the tenant at sufferance (who has but a mere possession, without privity) and
Cy-pres
Cy-pres (near to it). The principle of this doctrine of construction is, that where a testator hs two objects,one primary or general and the other secondary or particular, which … 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
Cumulative legacies
Cumulative legacies, legacies so called to distinguish them from egacies which are merely repeated. In the construction of testamentary instruments, the question often arises, whether where a testator has twice bequeathed a legacy to the … considered as a mere repetition of the first, or as cumulative, i.e., additional. In determining this question, the intention of the testator, if it appears on the face of the instrument, prevails; but if it does not
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Residence
actually personally resides. The word 'resides' must mean the actual place of residence and not a legal or constructive residence; it certainly does not connote the place of origin. The word 'reside' is a flexible one and … of India, AIR 2006 SC 3127. Residence, is flexible and must be construed accord-ing to the object and intent of the particular legislation where it may be found. It must be something more than occupation during occasional
Interpretation of Statute
it is well-settled that in construing the provisions of statute the Courts should be slow to adopt a construction which tends to make any part of the statute meaningless or ineffective. Thus, an attempt must always be … as a general principle of interpretation, where the words of a statute are plain, precise and unambiguous, the intention of the legislature is to be gathered from the language of the statute itself and no external evidence
Railway
its face, by s. 6 of the (English) Regulation of Railways Act, 1889. Travelling without fare and with intent to avoid payment is punishable by fine up to 40s. or in the case of a second conviction … this country (except a few private railways running through land owned by the owner of the railway) is constructed and managed (1) under a local and personal Act of Parliament; and (2) under the Companies Clauses, Lands
Trust
or constituted. (b) Trusts executory, imperfect, incomplete, or directory. (II.) Arising by operation of law, such as (a) Constructive, which arise when property which has been acquired in right of another is being retained by the trustee … 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
contract
a contract in which the obligations of the parties to perform are equal to each other in value constructive contract : quasi contract in this entry contract for deed : land installment contract in this entry contract … not require consideration in order to be binding but that must be sealed, delivered, and show a clear intention of the parties to create a contract under seal NOTE: Contracts under seal were in use long prior
Preamble
that 'the repeal of a preamble by a Statute Law Revision Act will in way affect the future construction of the Act.' The Constitution has a noble and grand vision contained in the Preamble. So far as … as 'an introductory paragraph or part in a statute, deed, or other document, setting forth the grounds and intention of it'. The preamble thus betokens that which follows, Mohd. Yusuf Rather v. State of Jammu and Kashmir,
Fraud
Vane, (1873) LR 8 Ch 383; Lawrance v. Lord Norreys, (1890) 15 App Cas 210; see also LACHES. Constructive fraud. Such acts or contracts as, though not originating in any actual evil design or contrivance to perpetrate … fraud may be described as an infraction of the rules of fair dealing. For the action at law intention and representation (q.v.) are material. In equity an act or its consequences to the person aggrieved may be
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