Continuing Wrong - Law Dictionary Search Results
Possession
property and a de facto counterpart of ownership. Possession of a right is the de facto relation of continuing exercise and enjoyment as opposed to the de jure relation of ownership. Possession is the de facto exercise … land which is in the lessee who may bring an action of trespass against the lessor. Possession, even wrongful, is a form of ownership. In all cases it confers the rights to the thing under possession against
Injunction
process of preventive and remedial justice, whereby a person is required to refrain from doing a specified meditated wrong, not amounting to a crime. It is either (1) inter-locutory, i.e., provisional or temporary, until the coming in … an injury as from its nature is not susceptible of being compensated by damages, or as from its continuance or permanent mischief must occasion a constantly recurring grievance which cannot be otherwise adequately prevented than by an
Family
treats a Hindu undivided family as an entity distinct and different from an individual and it would be wrong not to keep that difference in view, C. Krishna Prasad v. C.I.T., AIR 1975 SC 498: (1975) 1 … which these rules relate, unless the subscriber subsequently intimates in writing to the Accounts Officer that he shall continue to be so regarded; (ii) In the case of a female subscriber, the husband, parents, children, minor brothers,
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Solicitor
the title given by the (English) Judicature Act, 1843, s. 87, to all attorneys, solicitors, and proctors, and continued by (English) Solicitors Act 1932, s. 81. Prior to that Act, 'attorneys' conducted business in the Common Law … for negligence, and may be struck off the Roll for misconduct. S. 45 makes provision for penalties for wrongfully acting as a solicitor and s. 46 for prosecuting in a summary way any person not having in
Case, action on the
Case, action on the. The action on the case lay where a party sued for damages for any wrong or cause of complaint (such as negligence, or breach of contract not under seal) to which covenant or … Common Law was abolished by the Judicature Acts, 1873 and 1875, the term 'action on the case' only continues to exist as a convenient mode of expression, and has ceased to be a term of art. For
Guarantee
a 'collateral' or 'conditional' contract, in order to distinguish it from one that is 'original' or 'absolute'. A continuing guarantee is one which extends to a series of transactions and is not exhausted by nor confined to … in any other factual situations capable of giving rise to legal obligations such as there resulting from bailment, tort or unsatisfied judgments, Moschi v. Lep Air Services Ltd., (1973) AC 331 (347-348): (1972) 2 All ER 393
Transaction
connected together as to be referred to by a single legal name as a crime, a contract, a wrong or any other subject of inquiry which may be in issue, A.N. Mukerji v. State, AIR 1969 All … 293: 1956 BLJR 197. Means 'carrying through' and suggests not necessarily proximity of time - so much as continuity of action and purpose, Gujja Lall v. Fatteh Lall, 1881 ILR 6 Cal 171. Means the act or
Ejectment
of such demise, and that afterwards Richard Roe, the casual ejector, entered and ousted John Doe during the continuance of his term. Appended to this declara-tion was a notice signed by Richard Roe, addressed to the tenant … at Common Law to recover the possession of land (which is real), and damages and costs for the wrongful withholding of the land (which are personal). Until abolished by the (English) C.L.P. Act, 1852, s. 168, the
cause
: proximate cause in this entry procuring cause : one (as a broker) that sets in motion a continuous series of events culminating esp. in the sale or leasing of real estate [entitled to a commission as … which was the of the plaintiff's injury] NOTE: The cause of an injury must be proven in both tort and criminal cases. actual cause : cause in fact in this entry but-for cause : cause in fact
Ouster
Ouster, dispossession. A wrong or injury that may be sustained in respect of hereditaments, corporeal or incorporeal, carry-ing with it the deprivation … kind of disseisin, ejection, or turning out of the tenant from the occupation of the land during the continuance of his term, Bl. Com. 167, 198. For remedies for ouster, see EJECTMENT and FORCIBLE ENTRY. For ouster,
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