Could And Did - Law Dictionary Search Results
Home Dictionary Name: could and didCould and did
Could and did, the difference between 'could' and 'did' is too elementary to be mistaken. The word 'could' can only mean that the, respondents were in a position to enlist the support of Government servants. It does not amount to an averment that, in fact, they so enlisted their support, Harish Chandra Bajpai v. Triloki Singh, AIR 1957 SC 444 (456). [Representation of People Act, 1951, s. 123(8)...
Restitutio in integrum
Restitutio in integrum, the rescinding of a contract or transaction, so as to place the parties to it in the same position, with respect to one another, which they occupied before the contract was made, or the transaction took place. The restitutio here spoken of is founded on the edict. If the contract or transaction is such as not to be valid, according to the jus civile this restitutio is not needed, and it only applies to cases of contracts and transactions, which are not in their nature or form invalid. In order to entitle a person to the restitutio, he must have sustained some injury capable of being estimated, in consequence of the contract or transaction, and not through any fault of his own, except in the case of one who is minor xxv. Annorum, who was protected by the restitutio against the consequences of his own carelessness.The following are the chief cases in which a restitutio might be decreed:-The case of vis et metus. When a man had acted under the influence of force or...
Interesse termini
Interesse termini, an executor interest, being a right of entry which a lessee acquired in land by virtue of a demise. It could not, before entry, be enlarged by a release from the lessor (except the term be created by an assurance under the Statute of Uses, which does not require an entry), because the lessee had no actual estate; yet such a release would extinguish the rent and also the interesse termini. The lessee could assign this interest, but it did not merge in the freehold subsequently acquired. A person having a mere interesse termini had no estate, could not bring an action of trespass, or for damages, or on a covenant for quiet enjoyment, see Wallis v. Hands, (1893) 2 Ch 75, and cases there cited by Chitty, J.The doctrine of interesse termini has been abolished by the (English) Law of Properties Act, s. 149, which provides that, as from the commencement of the Act (1st January, 1926), all terms of years absolute shall (whether the interest is created before or after such co...
Springing use
Springing use, a form of use in the nature of an executory interest directing property inland to vest at a future period which does not coincide with the termination of a legal estate at common law, for instance. In conveyances before 1926, upon a grant by X. To B. to the use of A. (an infant) in fee attaining twenty-one years of age, the use results to the settlor until, if ever, the period arrives and a good legal estate was conferred upon A. attaining that age by virtue of the statute. The use may be contingent as in that case, or vested, as grant to B. to the use of A. in fee upon the death of C., a stranger. If the grant defeats a previous legal estate and is not capable of being construed as a vested or contingent remainder, it may operate as a shifting use. Springing and shifting uses were resorted to in order to facilitate freedom of grant or conveyance of the legal estate inland by virtue of the Statute of Uses. Grants which would have created springing or shifting uses if the...
Uses
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 possessor for all purposes as the owner of the property. It was not difficult to find him out, since the possession of his estate was conferred upon him by a formal and notorious ceremony, technically called livery of seisin, which was performed openly and in the presence of the people of the locality.It soon became evident that the simple rules of the Common Law were stumbling-blocks to the complicated wants of an enterprising people.Hence ingenuity was sharpened to hit upon a device which should set at nought the rigidity of existing law and formalities.A system was found by the monastic jurists upon a model furnished by the Civil Law, which, by a nice adaptation, evaded, without overturning, the Common Law. Two methods of transferring realty began to co-exist in this country-the ancient Common Law system, and the later invention, which is denomi...
Wills
Wills. A will is the valid disposition by a living person, to take effect after his death, of his disposable property. ''But in law ultima voluntas in scriptis is used, where lands or tenements are devised, and testamentum, when it concerneth chattels': Co. Litt. 111 a.Depository of Will of Living Person.-By the (English) Jud. Act, 1925, s. 172, replacing s. 91 of the Court of Probate Act, 1857:-There shall, under the control and direction of the High Court, be provided safe and convenient depositories for the custody of the wills of living persons, and any person may deposit his will therein.And see (English) Administration of Justice Act, 1928 (18 & 19 Geo. 5, c. 26), s. 11, as to deposit of wills under control of the High Court.Law before 1838.-The right of testamentary aliena-tion of lands is a matter depending on Act of Parliament. Before 32 Hen. 8, c. 1, a will could not be made of land, and before the Statute of Frauds a will (see NUNCUPATIVE WILL) could be made by word of mouth...
Non-access
Non-access. When a husband could not, in the course of nature, by reason of his absence, have been the father of his wife's child, the child is a bastard.Access is presumed during wedlock; but this presumption may be countered by proof of circumstances showing that sexual intercourse did not take place within such a time that the husband could be the father. As to what is such a time, see GESTATION. As to the admissibility of evidence by husband or wife of non-access, see ACCESS....
Deemed export
Deemed export, the fact that supplies of raw material from DTA to units in FTZ could or could not claim import replenishment benefits for such supplies did not impact on the fact that such supplies from DTA to FTZ were 'Deemed exports', Larsen & Toubro Ltd. v. Union of India, (2005) 3 SCC 654....
Set-off
Set-off, any counter-balance or cross-claim.A defendant's counter demand against the plaintiff, arising out of transaction independent of plaintiff's claim, Black's Law Dictionary, 7th Edn., p. 1376.The subject of a set-off under the former practice was a cross debt or claim, on which a separate action might be sustained, due to the party defendant from the party plaintiff. It was a defence crated by 2 Geo.2, c. 22, and had no existence at Common Law, and could only be pleaded in respect of mutual debts of a definite character, and did not apply to a claim founded in damages, or in the nature o a penalty, and the debt must have been due in the same right and between the same parties, and not a mere equitable demand. The defendant could not avail himself of a set-off, unless it were specially pleaded, and particulars thereof delivered with the plea.It is now provided by (English) R.S.C. 1883, Ord. XIX., r. 3, that a defendant in an action may set off or set up, by way of counter-claim a...
Verba chartarum fortius accipiuntur contra proferentem
Verba chartarum fortius accipiuntur contra proferentem. Co. Litt. 36; Bac. Max. Reg. 3; Broom's Max.-(The words of deeds are received more strongly against the grantor.) Bacon styles this 'a rule drawn out of the depth of reason'; but in 1877, Jessel, M.R., in Taylor v. St. Helen's Corporation, 6 Ch D at p. 280, citing three House of Lords cases, 'did not see how it could be considered as having any force at the present day.' The cases cited by Jessel, M.R., however, all turned upon the construction of wills; the maxim has been recognized in the House of Lords since 1877, see Birrell v. Dryer, (1884) 9 App Cas 345; and it is submitted that the dictum of Jessel, M.R., is incorrect....
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