Constructive Knowledge - Law Dictionary Search Results
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constructive knowledge see knowledge ...
knowledge
knowledge 1 a : awareness or understanding esp. of an act, a fact, or the truth : actual knowledge in this entry b : awareness that a fact or circumstance probably exists ; broadly : constructive knowledge in this entry see also scienter, willful blindness NOTE: Knowledge fundamentally differs from intent in being grounded in awareness rather than purpose. ac·tu·al knowledge 1 : direct and clear awareness (as of a fact or condition) [the bank had actual knowledge that the name and account number referred to different persons] 2 : awareness of such information as would cause a reasonable person to inquire further ; specif : such awareness considered as a timely and sufficient substitute for actual notice (as of a work-related injury or of a bankruptcy proceeding) [ruled that the employer did not have actual notice or actual knowledge within 90 days] con·struc·tive knowledge : knowledge (as of a condition or fact) that one using ordinary care or diligenc...
sexual harassment
sexual harassment : employment discrimination consisting of unwelcome verbal or physical conduct directed at an employee because of his or her sex ;also : the tort of engaging in such discrimination see also hostile environment sexual harassment, quid pro quo sexual harassment NOTE: Sexual harassment has been found by federal courts to violate the protection in the Civil Rights Act of 1964 against discrimination in employment. There are also state statutes under which sexual harassment actions may be brought. In order to recover against an employer under a sexual harassment suit, the plaintiff has to show that the harassment affected the employment (as by being severe or pervasive) and that the employer is liable under respondeat superior because of actual or constructive knowledge of the harassment. Strict liability is often imposed for harassment of an employee by a supervisor or for quid pro quo sexual harassment. ...
Innocent junior user
Innocent junior user, means a person who, without any actual or constructive knowledge uses a trademark that has been previously used in a geographically distant market, and who may continue to use the trademark in a limited geographic area as long as the senior user does not use the mark there, Black's Law Dictionary, 7th Edn., p. 792....
Constructive notice
Constructive notice. The knowledge which is imputed to a party: (a) if he omits to make the usual and proper inquiry into the title of property which he has purchased; (b) if he omits to investigate some fact which has been brought to his notice suggesting the existence of such title or claim; (c) if he deliberately refrains from inquiry in order to avoid notice. See Halsbury, L.E., vol. 13, and the person affected with constructive notice takes, if at all, subject to the title or claim, whether he knew of it or not; for instance, a purchaser of land who is satisfied to take a shorter title than he could call for by statute is affected by notice of all trusts and equities of which he would have had notice if he had seen the full title. See Cox and Neve's Contract, (1891) 2 Ch 109; Patman v. Harland, (1881) 17 CD 353 illustrates the doctrine. It was there held that: (a) notice of a material document is notice of its contents, and (b) although the (English) Vendor and Purchaser Act, 1874...
Notice
Notice, the making something known to a person of which he was or might be ignorant. Notice is either (1) statutory; (2) actual, which brings the knowledge of a fact directly home to the party; or (3) constructive or implied, which is no more than evidence of facts which raise such a strong presumption of notice that equity will not allow the presumption to be rebutted. [S. 154, I.P.C. and Art. 61(2)(a) const. 56 Indian Evidence Act]Constructive notice may be subdivided into: (a) where the facts of which actual evidence is supplied give rise to a further enquiry which a man exercising ordinary caution would make equity has added constructive notice of the facts, which that inquiry would have elicited; and (b) where there has been a designed abstinence from inquiry for the very purpose of avoiding notice. See CONSTRUCTIVE NOTICE.A purchaser with notice may protect himself by purchasing the title of another bona fide purchaser for a valuable consideration without notice; for, otherwise, ...
Technical services
Technical services, includes 'professional services' as well, Central Board of Direct Taxes v. Oberoi Hotels (India) Pvt. Ltd., (1998) 4 SCC 552.The expression 'technical services' has a very broad connotation and it has been elsewhere in the statute also so widely as to comprehend professional services: vide s. 9(1)(vii), referred to earlier. But we need not digress on this aspect for two reason. Firstly, whatever may be the position regarding other 44 professional services', there can hardly be any doubt that services involving specialised knowledge, experience and skill in the field of constructional operations are 'technical services', Continental Construction Ltd. v. C.I.T., 1992 Supp (2) SCC 567: AIR 1992 SC 803 (825). [Income Tax Act, 1961, s. 80-89(1)(vii) Expln. 2]...
Service
Service [fr. servitium, Lat.], that duty which a tenant, by reason of his estate, owes to his lord. There are many divisions of this duty in our ancient law books, as into personal and real, which is either urbane or rustic, free and base, continua land annual, casual and accidental, intrinsic and extrinsic, certain and uncertain, etc. see TENURE.The formal delivery of a writ, summons of other legal process 2. The formal delivery of some other legal notice such as pleading, Black's Law Dictionary, 7th Edn., p. 1372.The formal mode of bringing a writ or other process, or a notice in a suit, to the knowledge of the person affected by it.The service of writs of summons is regulated by (English) R.S.C. 1883, Ord. IX., which by r. 1 dispenses wit service, when (as is usual) the defendant, by his solicitor, agrees to accept service, and enters an appearance. By r. 2, service, when required, must be personal, unless an order for 'substituted service, or the substitution of notice for service,...
Possession
Possession, correctly understood, means effective physical control or occupation. The word 'possession' is sometimes used inaccurately as synonymous with the right to possess, Gurucharan Singh v. Kamla Singh, (1976) 2 SCC 152.Possession, does 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 to the property but succeeds by show of force in acquiring physical control over the same cannot be treated to be in its possession, notwith-standing his physical control over it, Ram Krishna v. Bhagwan Baksh Singh, (1961) All LJ 301.Possession, implies dominion and control and the consciousness in the mind of the person having dominion that he 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. Kanti...
fraud
fraud [Latin fraud- fraus] 1 a : any act, expression, omission, or concealment calculated to deceive another to his or her disadvantage ;specif : a misrepresentation or concealment with reference to some fact material to a transaction that is made with knowledge of its falsity or in reckless disregard of its truth or falsity and with the intent to deceive another and that is reasonably relied on by the other who is injured thereby b : the affirmative defense of having acted in response to a fraud 2 : the crime or tort of committing fraud [convicted of securities ] see also misrepresentation NOTE: A tort action based on fraud is also referred to as an action of deceit. actual fraud : fraud committed with the actual intent to deceive and thereby injure another called also fraud in fact compare constructive fraud in this entry collateral fraud : extrinsic fraud in this entry constructive fraud : conduct that is considered fraud under the law despite the absence of an intent to...
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