Constructive Intent - Law Dictionary Search Results
Shall
Dayanand Rayu Mandrakar, AIR 2005 SC 547. Shall, may be remembered, does not always necessarily connote a mandatory intent on the part of the law maker, Mohammed Yamin v. Zafar Md., AIR 1968 Del 149. Means has … 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 SC 964: (1985) 3
Annuity
source of payment is mixed and consists of real and personal estate, its nature will depend upon the construction which the Court will give to the grant. In a will an annuity of this kind in prima … of the annuitant only, but the source and order and duration of payment depend upon the meaning and intention of the will. In general it may be said that an annuitant is entitled to payment in cash
Pawn or Pledge
actual manual delivery, as it is sufficient if there are any of those acts or circumstances which, in construction of law, are deemed sufficient to pass the possession of property, as the key of a warehouse. As … 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;
Keep your definitions linked to case research
Uses
in the term of which the legal reversion could be released. See LEAE AND RELEASE. (3) Active and constructive uses. When the use involves a direction to sell the estate and then divide the proceeds of the … Uses (History). A use is the intention or purpose, express or implied, upon which property is to be held. The Common Law treated the actual
Tail
in the investigation of all titles to land in existence on the 31st December, 1925; (b) in the construction of equitable interests into which these were converted on the 1st January, 1926, or created after that date. … exonerate the estate (for he might, if he pleased, have acquired the fee-simple), unless he evince the contrary intention by taking as assignment of the incumbrance to a trustee in trust for himself, or by some other
Insurance
her wife, husband, or children, the policy moneys are not subject to his or her debts, unless an intent to defraud creditors be proved. A husband has an insurable interest in the life in his wife, Griffiths … Policy' is set out in the schedule to the Act of 1906, which also gives Rules for its construction. Besides individual underwriters and companies, there are associations formed by ship-owners, who agree, each entering his ships for
Executory trusts
testator in the other, will attach to the words expressive of the trusts a more liberal and enlarged construction than they would admit if applied either to the limitation of a legal estate or a trust executed, … order to promote the presumed views of the parties in the one case and to support the manifest intention of the testator in the other, will attach to the words expressive of the trusts a more liberal
Crown
for the time being.' It is added, 'this Act shall be binding on the Crown,' the rule of construction being that the Crown is not bound by a statute [see per Lindley, L.J., in Wheaton v. Maple … reigning at the time of the passing of the Act or to the Crown shall, unless the contrary intention appears, be construed as references to the Sovereign for the time being.' It is added, 'this Act shall
Lawful, Legal
may have an interest but no right to continue whereas a person in possession, de jure, actually or constructively has the right to use, enjoy, destroy or alienate property. Legal and lawful normally, convey same sense and … on some rule, sanction or excuse. Dictionarily 'litigious' means 'disputed' (Concise Oxford Dictionary) or 'disputable' or 'marked by intention to quarrel' (Webster Third New International Dictionary), 'inviting controversy', 'relating to or marked by litigation', 'that which is
Resident in India
of India must inevitably lead to large-scale evasion of the Act resulting in its object being defeated. A construction which leads to such a result must be avoided. The expression 'resident in India' is clearly used in … Resident in India, the intention of the Legislature was plainly to prohibit all transactions in foreign exchange by persons who are residents of
Try the research workspace - 7 days free