Consummative - Law Dictionary Search Results
Home Dictionary Name: consummative Page: 2Marriage
Marriage. Marriage as understood in Christendom is the voluntary union for life of one man and one woman, to the exclusion of all others, Hyde v. Hyde, 1866 LR 1 P&D 130. Where a marriage in a foreign country complies with these requirements it is immaterial that under the local law dissolution can be obtained by mutual consent or at the will of either party with merely formal conditions of official registration, and it constitutes a valid marriage according to English law, Nachimson v. Nachimson, 1930, P. 217. Previous to 1753 the validity of marriage was regulated by ecclesiastical law, not touched by any statutory nullity but modified by the Common law Courts, which sometimes interfered with the Ecclesiastical Courts, by prohibition, sometimes themselves decide on the validity of a marriage, presuming a marriage in fact as opposed to lawful marriage. A religious ceremony by an ordained clergyman was essential to a lawful marriage, at all events for dower and heirship; but if in an i...
Equal opportunity
Equal opportunity, In a spacious sense, 'equal opportunity' for members of a hierarchical society makes sense only if a strategy by which the underprivileged have environmental facilities for developing their full human potential. This consummation is accomplished only when the utterly depressed groups can claim a fair share in public life and economic activity, including employment under the State or when a classless and casteless society blossoms as a result of positive State action. To help the lagging social segments by special care, is a step towards and not against a larger and stabler equality, State of Kerala v. N.M. Thomas, (1976) 2 SCC 310: AIR 1976 SC 490: (1976) 1 SCR 906....
Impotence
Impotence, physical inability of a man or woman to perform the act of sexual intercourse. A marriage is void if, at the time of the celebration, either of the parties to it is incurably impotent, and may be declared void by a decree in a suit of nullity of marriage. See NULLITY OF MARRIAGE. As to 'Oath of Calumny' (q.v.) in Scottish actions of divorce and nullity, see (English) Court of Session Act, 1830 (11 Geo. 4 & 1 Will. 4, c. 69), s. 36.Impotence means a man's inability to achieve an erection and therefore to have sexual intercourse. Because an impotent husband cannot consummate a marriage, impotence has often been cited as a ground for annulment, Black's Law Dictionary, 7th Edn., p. 760...
Impotency
Impotency means a person is impotent if his physical or mental condition make consummation of marriage a practical impossibility. Impotency may arise on account of physical defect or mental condition such as total repugnance to the sexual act, Digvijoy v. Pratap Kumari, AIR 1970 SC 87....
Curtesy of England
Curtesy of England [jus curialitatis Angli', Lat.], an estate which by favour of the law of England arises by act of law, and is that interest which a husband has for his life in his wife's fee-simple or fee-tail estates, generalor special, aftr her death.Tenancy by the curtesy has been abolished by the (English) A.E. Act, 1925, s. 45, with regard to the inheritance of every person dying after 1925, but undr s. 130, (English) L.P. Act, 1925, curtesy will arise as an equitable interest in any property realor personal as an incident to an equitable intrest in-tail and in default of a disentailing assurance or the exercise of the testamentary power conferred by that Act, see sub-s. 4 ibid., and see the 12th Schedule to the (English) L.P. Act, 1922, in regrd to enfranchised copyholds.There are six circumstances necessary to the existence of this estate (which appears to be unaffected by the (English) Married Women's Property Act, 1882):--(1) A canonicalor legal marriage.(2) Seisin of the w...
Pawn or Pledge
Pawn or Pledge [fr. pignus, Lat.], a bailment of goods by a debtor 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 the mortgagee; and if the goods be not redeemed at the stipulated time, the title becomes absolute at law although equity allows a redemption. But in a pledge, a special property only passes to the pledgee, the general property remaining in the pledgor. Also, in the case of a pledge, the right of a pledgee is not consummated, except by possession; and, ordinarily, when that possession is relinquished, the right of the pledgee is extinguished or waived. But, in the case of a mortgage of personal property the right of property passes by the conveyance to the mortgagee, and the possession is not or may not be essential to create or support the title.As to things which may be the subject of pawn: These are, ordinarily, goods a...
C'sarian operation
C'sarian operation [fr. C'sar, or rather C'so, the first of that name, who was cut out of his mother's womb], a surgical operation whereby the f'tus is taken from the mother, with a view to save the lives of both or either of them. Consult Tayl. Med. Jur.If this operation be performed after the mother's death, the husband cannot be tenant by the curtesy; since his right begins from the birth of the issue, and is consummated by the death of the wife; but if mother and child are saved, then the husband would be entitled after her death....
Perfection
The quality or state of being perfect or complete so that nothing requisite is wanting entire development consummate culture skill or moral excellence the highest attainable state or degree of excellence maturity as perfection in an art in a science or in a system perfection in form or degree fruits in perfection...
Copula
Copula, the corporal consummation of marriage. See PER VERBA DE PRAESENTI, Copula (in logic), the link between subject and predicate contained in the verb....
Attempt
Attempt [fr. tentare, Lat.; tenter, temter, tempter, O. Fr. to try], an endeavour to commit a crime or unlawful act. Persons indicted for a felony or misdemeanour may be found guilty only of an attempt to commit the same. (English) Criminal Procedure Act, 1851, 14 & 15 Vict. c. 100, s. 9In criminal law means an overt act that is done with the intent to commit a crime but that falls short of completing the crime. Attempt is an inchoate offence distinct from the attempted crime, Black Law Dictionary 7th Edn., p. 123.What constitutes an 'attempt' is a mixed question of law and fact, depending largely on the circumstances of the particular case. 'Attempt' defies a precise and exact definition. Broadly speaking, all crimes which consist of the commission of affirmative acts are preceded by some covert or overt conduct which may be divided into three stages. The first stage exists when the culprit first entertains the idea or intention to commit an offence. In the second stage, he makes prep...
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