De Jure - Law Dictionary Search Results
Home Dictionary Name: de jure Page: 2 Page 2 of about 32 results (0.003 seconds)Presumptio juris et de jure
Presumptio juris et de jure. See next title....
de facto
de facto [Medieval Latin, literally, from the fact] : in reality : actually [these two constraints have been lifted, one de facto and one de jure "Susan Lee"] adj 1 : actual ;esp : being such in effect though not formally recognized see also de facto segregation at segregation 2 : exercising power as if legally constituted or authorized [a de facto government] [a de facto judge] compare de jure ...
De facto
De facto, in fact, opposed to de jure, of right.The Act 11 Hen. 7, c. 1 (declared by some great writers to be only declaratory of the Common Law), was passed for the protection of all subjects who assist and obey a king de facto. It was pleaded to no purpose on the trial of Sir Harry Vane, the judges actually holding that Charles II. had been king de facto as well as de jure from the moment of his father's death (Hall. Const. Hist. Ch. xi.)...
Ownership
Ownership, does not always mean absolute dominion. The more an owner, for his advantage, opens up his property for use by the public in general, the more do his rights become circumscribed by the statutory and constitutional powers of those who use it, Marsh v. Alabama, 326 US 501, 506: 66 S Ct 276, 278 (1946) (Black, J.).Means the collection of rights following one to use and enjoy property. Including the right to convey it to possess a thing, regardless of any actual or constructive control. Ownership rights are general, permanent and inheritable, Black's Law Dictionary, 7th Edn., p. 1131.Means to possess, to have or hold as property, State of Uttar Pradesh v. Renusagar Power Co., (1998) 4 SCC 59: AIR 1988 SC 1737.The ownership has been defined as 'collection of rights to use and enjoy property, including right to transmit it to others. Ownership is de jure recognition of a claim to certain property. Possession is the objective realisation ownership. It is the de facto exercise of a ...
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...
Presumption
Presumption, a supposition, opinion, or belief pre-viously formed, Wood's Inst. 599.Presumptions have been said to be either: (1) juris et de jure (irrebuttable); or (2) juris (rebuttable); or (3) hominis vel judicis (rebuttable, of fact). (1) The presumption juris et de jure is that where law or custom establishes the truth of any point, on a presumption that cannot be overcome by contrary evidence; thus, that a child under seven is incapable of committing a felony (2) The pr'sumptio juris is a presumption established in law till the contrary be proved, as the property of goods is presumed to be in the possessor; every presumption of this kind must necessarily yield to contrary proof (3) The pr'sumptio hominis vel judicis is the conviction arising from the circumstances of any particular case. See Best on Evidence.There is a distinction between the 'presumption' under s. 114 of the Evidence Act and a 'statutory presumption' provided under the Bombay Prohibition Act. Under a statutory ...
Judge
Judge [fr. juge, Fr.; judex, Lat.], one invested with authority to determine any cause or question in a Court of judicature. The word 'judge' denotes not only every person who is officially designated as a judge but also every person who is empowered by law to give, in any legal proceeding, civil or criminal, definitive judgment, or a judgment which, if not appealed against, would be definitive, or a judgment which, is confirmed by some other authority, would be definitive or who is one of a body of persons which body of persons is em-powered by law to give such a judgement (Indian Penal Code, 1860, s. 19)To secure the dignity and political independence of the judges of the Supreme Court, it is enacted by s. 5 of the (English) Jud. Act, 1875 (replaced by Jud. Act, 1925, s. 12), repeating in effect a provision of the Act of Settlement (12 & 13 Wm. 3, c. 2), that the judges of the Supreme Court (with the exception of the Lord Chancellor, who goes out with the Ministry) shall hold their o...
De facto
Actually in fact in reality as a king de facto distinguished from a king de jure or by right...
Lawful, Legal
Lawful, Legal, legal and litigious, Litigious and lawful possession are concepts of varying legal shades deriving their colour from the setting in which they emerge. Epithet used itself indicates the filed in which they operate. The one pertains to disputed in which possession may be coterminous with physical or de facto control, only, whereas the domain of other is control with some legal basis. The former may be uncertain in character and may even be without any basis or interest but the latter is founded on some rule, sanction or excuse. Dictionarily 'litigious' means 'disputed' (Concise Oxford Dictionary) or 'disputable' or 'marked by intention to quarrel' (Webster Third New International Dictionary), 'inviting controversy', 'relating to or marked by litigation', 'that which is the subject of law suit'. (Black's Law Dictionary) Lawful on the other hand is defined as, 'legal, warranted or authorised by law'. Jurisprudentially a person in physical control or de facto possession may h...
Residence
Residence, is a concept that may also be transitory. Even when qualified by the word 'ordinarily' the word 'resident' would not result in construction having the effect of a particular place for dwelling always or on permanent uninterrupted basis. Thus understood, even the requirement of a person being 'ordinarily resident' at a particular place is incapable of ensuring nexus between him and the place in question, Kuldip Nayar v. Union of India, AIR 2006 SC 3127.Residence, is flexible and must be construed accord-ing to the object and intent of the particular legislation where it may be found. It must be something more than occupation during occasional usual visits within the local limits of the court, more specially where there is residence outside those limits marked with a considerable measure of continuance, Paster J.S. Singh v. Jyotsana Singh, AIR 1982 MP 122 [See Divorce Act, 1869, s. 3(3)]Residence, is generally understood as referring to a person in connection with the place wh...
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