Devi - Law Dictionary Search Results
Home Dictionary Name: deviAdverse possession
Adverse possession is that form of possession or occupancy of land which is inconsistent with the title of any person to whom the land rightfully belongs and tends to extinguish that person's title, see (English) Real Property Limitation Act, 1874 (37 & 38 Vict. c. 57), which provides that no person shall make an entry or distress, or bring an action to recover any land or rent, but within twelve years next after the time when the right first accrued, and does away with the doctrine of adverse possession, except in the cases provided for by s. 15. See Nepean v. Doe, (1837) 2 M. & W. 910.Possession is not held to be adverse if it can be referred to a lawful title, Doe v. Bightwen, 10 East 583; Wall v. Stanwick, 34 Ch D 763. Non-adverse possession is of two kinds. The title of the dispossessed may not be paramount, as in the case of a leasehold term when dispossession of the lessee is not necessarily inconsistent with the reversioner's rights, and secondly, the person setting up disposse...
Conclusive proof
Conclusive proof, the certificate of purchase has its own 'conclusive' evidentiary value to the extend provided in S. 72K(2) of the the Kerala Land Reforms Act, 1963 in proceedings before the Taluk Land Board. It will therefore be for the Board to arrive at its own decision under sub-s. (5) of s. 85, according to the law, and it will be permissible for it to examine, where necessary, whether the certificate is inaccurate on its face, or has been obtained by fraud or collusion, Chettiam Veettil Ammed v. Taluk Land Board, AIR 1979 SC 1573 (1580): (1980) 1 SCC 499: (1979) 3 SCR 839. [Kerala Land Reforms Act 1963, s. 72K(2)]When one fact is declared by this Act to be conclusive proof of another, the court shall, on proof of the one fact, regard the other as proved, and shall not allow evidence to be given for the purpose of disproving it. (Evidence Act, 1872, s. 4)When one fact is declared by this Act to be conclusive proof of another, the court shall, on proof of the one fact, regard the ...
First hearing
First hearing, the expression 'first hearing of the suit' in s. 20(4) means the date on which the court proposes to apply its mind to determine the points in controversy between the parties to the suit and to frame issues, if necessary, Advaita Nand v. Judge, Small Cause Court, (1995) 3 SCC 407 (410); see also Sudershan Devi v. Sushila Devi, AIR 1999 SC 3688: (1999) 8 SCC 31. [U.P. Urban Buildings Regulation of Letting, Rent and Eviction Act, 1972 s. 20(4) Expl. (a) inserted by U.P. Act (28 of 1976)]Meant after framing of issues when the suit would be posted for production of evidence, Ved Prakash Wadhwa v. Vishwa Mohan, (1995) 3 SCC 407; Advaita Nand v. Judge, Small Cause Court, Meerut, (1983) 3 SCC 667....
Good faith
Good faith, nothing shall be deemed to be done in good faith which is not done with due care and attention. [Limitation Act, 1963, s. 2 (h)]The expression 'good faith' has not been defined in the U.P. Imposition of Ceiling on Land Holdings Act, 1960. The expression has several shades of meaning. In the popular sense, the phrase 'in good faith' simply means 'honestly, without fraud, collusion or deceit; really, actually, without pretence and without intent to assist or act in furtherance of a fraudulent or otherwise unlawful scheme'. (see WORDS AND PHRASES, Permanent Edition, Vol. 18-A, page 91). Although the meaning of 'good faith' may vary in the context of different statutes, subjects and situations, honest intent free from taint of fraud or fraudulent design, is a constant element of its connotation. Even so, the quality and quantity of the honest requisite for constituting 'good faith' is conditioned by the context and object of the statute in which this term is employed, Brijendra...
Mistake or an error apparent on the face of the record
Mistake or an error apparent on the face of the record, under Order 47, Rule 1, CPC a judgment may be open to review inter alia if there is a mistake or an error apparent on the face of the record. An error which is not self-evident and has to be detected by a process of reasoning, can hardly be said to be an error apparent on the face of the record justifying the court to exercise its power of review under Order 47 Rule 1 CPC. In exercise of the jurisdiction under Order 47 Rule 1 CPC it is not permissible for an erroneous decision to be 'reheard and corrected'. A review petition, has a limited purpose and cannot be allowed to be 'an appeal in disguise', Parsion Devi v. Somitri Devi, (1997) 8 SCC 717 (719). (Code of Civil Procedure, 1908, Order 47, Rule 1 and s. 114...
Chandi
the malevolent aspect of Devi the fierce...
deicer
a devie that removes ice or frost as from a windshield or a refrigerator or the wings of an airplane...
Devi
fem of Deva A goddess...
Parvati
The wife of Siva and a benevolent aspect of Devi the goddess of plenty...
Acquiesce
Acquiesce, means to accept tacitly or passively, to give implied consent to an act, Black Law Dictionary, 7th Edn., p. 23.The word 'acquired' has also to be given the widest possible meaning. This would be so because of the language of the Explanation which makes sub-s. (1) applicable to acquisition of property by inheritance or devise or at a partition or in lieu of maintenance or arrears of maintenance or by gift or by a female's own skill or exertion or by purchase or prescription or in any manner whatsoever. Where at the commencement of the Act a female Hindu has a share in joint properties which are later on partitioned by metes and bounds and she gets possession of the properties allotted to her there can be no manner of doubt that she is not only possessed of that property at the time of the coming into force of the Act but has also acquired the same before its commencement [Hindu Succession Act, 1956 s. 14(1)], Badri Pershad v. Kanso Devi, AIR 1970 SC 1963 (1966): (1970) 2 SCR ...
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