Cumber - Law Dictionary Search Results

Home Dictionary Name: cumber

Cumber

To rest upon as a troublesome or useless weight or load to be burdensome or oppressive to to hinder or embarrass in attaining an object to obstruct or occupy uselessly to embarrass to trouble...

Discumber

To free from that which cumbers or impedes to disencumber...

Accord. An amicable arrangement between parties especially between people or nation; compact or treaty, Black's Law Dictionary, 7th Edn. Accord and Satisfaction [fr. accorder, Fr., to agree], an agreement between two persons, one of whom has a right of action against the other, that the latter should do or give and the former accept something in satisfaction of the right of action. When the agreement is executed, and satisfaction has been made, it is called accord and satisfaction. Accord and satisfaction bars the right of action; accord without satisfaction, or satisfaction without accord, does not.* In the case of an ascertained debt, the acceptance of a smaller sum is no satisfaction, e.g., payment of Rs. 50. is no answer to an action for a debt of Rs. 100; though if anything other than money, e.g., a negotiable instrument for a smaller amount or a peppercorn, had been accepted in satisfaction, the action would have been barred, see Couldery v. Bartrum, (1881) 19 Ch D 399; Cumber v....

Actus curiae neminem gravabit.

Actus curiae neminem gravabit. Jenk. Cent. 119.--(An act of the Court will hurt no person) See Broom's Leg. Max., citing Cumber v. Wane, (1719) 1 Str. 126; 1 Smith L. C., in which it was held that if one party to an action die during a curia advisari vult, judgment maybe entered nunc pro tunc--a principle recently applied in Ecroyd v. Coulthard, (1897) 2 Ch 554: (1898) 2 Ch 358.No act of Court should harm a litigant and it is the bounden duty of Courts to see that if a person is harmed by a mistake of the Court he should be restored to the position he would have occupied but for that mistake, Jang Singh v. Brij Lal, (1964) 2 SCR 145, (para 16); See Also CIT v. B. N. Bhattacharjee, (1979) 4 SCC 121: AIR 1979 SC 1725; Raj Kumar Dey v. Taropado Dey, (1987) 4 SCC 398; AIR 1987 SC 2195, Nand Kishore Morwah v. Samundri Devi, (1987) 4 SCC 382: AIR 1987 SC 2284, Atama Ram Mital v. Ishwar Singh, (1988) 4 SCC 284: AIR 1988 SC 2031; Mithilesh Kumari v. Prem Behari Khare, (1989) 2 SCC 95: AIR 1989...

Joint-tenancy

Joint-tenancy. This tenancy is created where the same interest in real or personal property is, by the act of the party, passed by the same matter of conveyance or claim in solido, and not as merchan-dise, or for purposes of speculation, to two or more persons in the same right, either simply, or by construction or operation of law jointly, with a jus accrescendi, that is, a gradual concentration of property from more to fewer, by the accession of the part of him or them that die to the survivors or survivor, till it passes to a single hand, and the joint-tenancy ceases.Anciently, joint-tenancy was favoured because it did not induce fractions of estates, and returning to early principles the (English) Land Legislation of 1925 has employed the tenure generally as the machinery by which legal estate may in such cases always be in some person, called the estate owner, who is competent to give a title to the whole estate without the concurrence of other parties. that legal estate has been ...

Payment

Payment, is the act of paying, K.S. Bawa v. Director of Enforcement, (1990) Cr LJ 1068.The payment of money before the day appointed is in law payment at the day; for it cannot, in presumption of law, be any prejudice to him to whom the payment is made to have his money before the time; and it appears by the party's receipt of it, that it is for his own advantage to receive it then, otherwise he would not do it, 5 Rep. 117. See the notes to Cumber v. Wane, (1719) in 1 Smith's L.C.Payment is a recompense for service rendered, Bala Subrahmanya Rajaram v. B.C. Patil, AIR 1958 SC 518 (519): (1958) SCR 1504.(ii) 'Payment' implies gift of money by someone to another. A partition in a H.U.F. can be considered either as 'disposition' or 'conveyance' or 'assign-ment' or 'settlement' or 'delivery' or 'payment' or 'alienation' within the meaning of those words in s. 2 (xxiv) of Gift Tax Act, 1958; Commissioner of Gift Tax v. N.S. Getty Chettiar, AIR 1971 SC 2410: (1972) 1 SCR 736: (1971) 2 SCC 74...

<< Prev.
Next >>

Sign-up to get more results

Unlock complete result pages and premium legal research features.

Start Free Trial