Devolution Issue - Law Dictionary Search Results
Home Dictionary Name: devolution issueDevolution issue
Devolution issue, within the meaning of paragraph 1(b) of Schedule 6 to the Act of 1998 (Scetland Act, 1998), Hoekstra v. H.M. Advocate (PC), (2000) 3 WLR 1817.May well arise in advance of or every porsibility in the course of a criminal trial under some other provision of the Convention, Montogomery v. H.M. Advocate (PC), (2001) 2 WLR 779.shall not be taken to arise in any proceedings merely because of any contention of a party to the proceedings which appears to the court or tribunal before which the proceedings take place to frivolous or vexatious, Montogomery v. H.M. Advocate (PC), (2001) 2 WLR 779....
devolution
devolution : the transfer (as of rights, powers, property, or responsibility) to another ...
Devolution
Devolution, is the passing of property from a person dying to a person living, and in this title the word is confined to the passing of property from a deceased person to his personal representative, Parr v. Parr, (1833) 1 MYJ & K 647 (UK)....
Devolution of interest
Devolution of interest, in coparcenary property. [see Hindu Succession Act, 1956, s. 6]...
Devolution to duty
Devolution to duty, The expression 'devotion to duty' appears to have been used as something opposed to indifference to duty or easy-going or light-hearted approach to duty, Union of India v. J. Ahmed (1979) 2 SCC 286: AIR 1979 SC 1022: (1979) 3 SCR 504. [All India Services (Death cum Retirement, Benefits) Rules, 1958, R. 16(2)]...
Interest in coparcenary property, Devolution of
Interest in coparcenary property, Devolution of, see Hindu Succession Act, 1956 (30 of 1956), s. 6....
Tail after possibility of issue extinct, Tenant in
Tail after possibility of issue extinct, Tenant in. This estate arises out of a special entail as to the parentage of the issue, when the express condition has become impossible by reason of death. Thus, if an estate be granted to husband and wife, and their issue, male or female, if either of them die without issue, the survivor is tenant-in-tail after possibility of issue extinct; and even if there have been issue, yet if the issue die without issue, then the surviving parent is also such a tenant; and also if an estate be entailed upon a man and his issue from a particular wife, if she die without issue, the interest of the husband becomes reduced to a tenancy-in-tail after possibility of issue extinct. Only a donee in tail-special can become such a tenant, for if the entail be general, such a tenancy can never arise; for whilst he lives he may have issue, the law not admitting the impossibility of having children at any age. As an estate-tail is originally carved out of a fee-simpl...
issue
issue 1 pl : proceeds from a source of revenue (as an estate) [rents, s, and profits] 2 : one or more lineal descendants [died without ] compare child, heir 3 a : a vital question or problem [cited a national security ] [raised an of public safety] b : a matter of dispute between two or more parties ;specif : a single material point of fact or law in litigation that is affirmed by one side and denied by the other and that is a subject of the final determination (as by jury) of the proceedings genuine issue : an issue of fact that requires adjudication by trial rather than summary judgment because sufficient evidence exists to support a verdict for the party opposing the motion for summary judgment NOTE: The burden is on the party moving for summary judgment to show that no genuine issue is in dispute. issue of fact : a dispute about a material fact that is raised by pleadings and that must be resolved by a decision under the law in order to become res judicata issue of la...
Issue
Issue [fr. exitus, Lat.], used in several senses:-(1) The legitimate offspring of parents. The word 'issue' in a will was either a word of purchase or of limitation, as would best answer the intention of the testator; and for the effect of the word in the case of a deed, see Norton on Deeds. Now the rule in Shelley's case (q.v.), having been abolished by s. 131, in instruments made or in wills upon death after 1925, 'issue' will be construed as a word of pur-chase [(English) Law of Property Act, 1925, s. 131], and s. 130, by implication abolishes the rule in Wild's case, (1599) 6 Co Rep 16 b, 17 a (q.v.), in such cases, 2 Fonbl. Eq. 69.(2) The profits arising from lands or tenements, amerciaments, or fines.(3) Event, consequence, evacuation, sending forth.(4) The point in question, as the conclusion of the pleadings between contending parties in an action, when one side affirms and the other denies.It is provided by the present rules of pleading that the plaintiff by his reply may join...
Collateral or incidental issue
Collateral or incidental issue, a collateral or incidental issue is one that is ancillary to a direct and substantive issue; the former is an auxiliary issue and the latter the principal issue. The expression 'collaterally or incidentally' in issue implies that there is another matter which is 'directly and substantially' in issue, Sajjadanashin Sayed Md. B.E Edr v. Musa Dadabhai Ummer, (2000) 3 SCC 350: AIR 2000 SC 1238 (1243). [Civil Procedure Code 1908, s. 11]...
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