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Disposable - Law Dictionary Search Results

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Make such order as it thinks fit

Make such order as it thinks fit, The words 'may make such order as it thinks fit' in the s. vest the Court with a discretion to dispose of the property in any of the three modes specified in the s. 452(1) CrPC, 1973. But the exercise of such discretion is inherently a judicial function. The choice of the mode or manner of disposal is not to be made arbitrarily, but judicially in accordance with sound principles founded on reason and justice, keeping in view the class and nature of the property and the material before it, N. Madhavan v. State of Kerala, AIR 1979 SC 1829 (1830): (1979) 4 SCC 1: (1980) 1 SCR 228. [CrPC, 1973, s. 452(1)]...


Bastard

Bastard [fornication], one born not of lawful marriage. [(English) Age of Marriage Act, 1929 (19 & 20 Geo. 5, c. 36)]The civil and canon laws did not allow a child to remain a bastard if the parents afterwards intermarried, but a proposal by the bishops to assimilate the law of England to the canon law in this respect was rejected by Parliament in 1235. See MERTON, STATUTE OF. The law of England remained thus for nearly 700 years, until the Legitimacy Act, 1926 (16 & 17 Geo. 5, c. 60), legitimated a child born out of wedlock upon the subsequent marriage of parents if they were domiciled in England or Wales at the date of marriage. See LEGITIMATION. In Scotland, however, and in most other Christian countries, including most, if not all, of the British Dominions, and most, if not all, of the United States of America, legitimation of the children has always followed the intermarriage of the parents.The mother of a bastard cannot validly contract with another person for the transfer to tha...


jus disponendi

jus disponendi [Latin, right of disposing] : a right of disposal of property [the stockholder's jus disponendi was destroyed] ...


will

will 1 : the desire, inclination, or choice of a person or group 2 : the faculty of wishing, choosing, desiring, or intending 3 : a legal declaration of a person's wishes regarding the disposal of his or her property after death ;esp : a formally executed written instrument by which a person makes disposition of his or her estate to take effect after death see also codicil, living will, testament antenuptial will : a will that was executed by a person prior to that person's marriage and is usually revocable by the court if no provision was made for the person's spouse unless an intention not to make such a provision is manifest conditional will : a will intended to take effect upon a certain contingency and usually construed as having absolute force when the language pertaining to the condition suggests a general purpose to make a will counter will : mutual will in this entry holographic will : a will written out in the hand of the testator and accepted as valid in many sta...


Disposition

The act of disposing arranging ordering regulating or transferring application disposal as the disposition of a mans property by will...


Posit

To dispose or set firmly or fixedly to place or dispose in relation to other objects...


Acknowledgement of a wife's assurance

Acknowledgement of a wife's assurance. If, before 1st January, 1925 [see (English) Law of Property Act, 1925, s. 167], a woman married before 1883 disposed of her estate or interest in lands or her revisionary interest in personal property she was required, unless her title thereto had accrued since 1882, or unless she was entitled thereto for her separate use to comply with the formalities prescribed by the (English) Fines and Recoveries Act, 1833 (3 & 4 Will. 4, c. 74), ss. 77-91, with regard to land, and by 20 & 21 Vict. C. 57, commonly called (English) 'Malins's Act,' which incorporated the procedure of the (English) Fines and Recoveries Act, with regard to reversionary interests in personal estate.The (English) Fines and Recoveries Act requiredthe acknowledgment to be made before two commissioners, but the 7th section of the (English) Conveyancing Act, 1882, substituted one only, and also dispensed with the affidavit and certificate of acknowledgment required by the former Act; se...


Debt

Debt [fr. debitum, Lat.], a sum of money due from one person to another. An action of debt lay where a person claimed the recovery of a liquidated or certain sum of money affirmed to be due to him; and it was generally founded on some contract alleged to have taken place between the parties, or on some matter of fact from which the law would imply a contract between them. This was debt in the debet, which was the principal and only common form. There is another species mentioned in the books, called debt in the detinet, which lay for the specific recovery of goods, under a contract to deliver them. An action of debt as a technical term is now obsolete. See PLEADINGS. The order of the payment of debts and expenses out of legal assets in an ordinary administration action in the Chancery Division of the High Court is as follows:-1. Funeral expenses, which in the case of an insolvent estate must be strictly reasonable and necessary only, the executor or administrator being personally liabl...


Delivery

Delivery, in relation to a lecture, includes delivery by means of any mechanical instrument or by broadcast. [Copyright Act, 1957 (14 of 1957), s. 2 (g)]It means the birth of a child. [Maternity Benefit Act, 1961 (53 of 1961), s. 3 (c)]It means--(i) in the case of a negotiable multimodal transport document, delivering of the consignment to, or placing the consignment at the disposal of, the consignee or any other person entitled to receive it;(ii) in the case of a non-negotiable multimodal trans-port document, delivering of the consignment to, or placing the consignment at the disposal of, the consignee or any person authorised by the consignee to accept delivery of the consignment on his behalf. [Multimodal Transportation of Goods Act, 1993 (28 of 1993), s. 2 (f)]It means voluntary transfer of possession from one person to another. [Sale of Goods Act, 1930 (3 of 1930), s. 2 (2)]Must necessarily mean the point of time when the goods can be physically to the importer, Garden Silk Mills ...


Emphyteusis

Emphyteusis, the jus emphyteuticarium, or as it is more generally called, emphyteusis, was the right of enjoying all the fruits, and disposing at pleasure of the property of another, subject to the payment of a yearly rent (pensio or canon) to the owner. Formerly the lands of the Roman municipalities, or of the college of priests, used to be let for different terms of years, sometimes for a short term, such as five years, sometimes for a term amounting almost to a perpetuity, under the name of agri vectigales (Gai. iii. 145). Afterwards the lands of private individuals were let in a similar manner, and were also comprehended under the term agri vectigales. The emperors let their patrimonial lands in a similar way, and these lands so let were termed emphyteuticarii (C. xi. 58, 61), a name arising from there being a new ownership, or what almost amounted to an ownership, engrafted on the real dominion. Either shortly before or in the time of Justinian, the two rights, that of the ager ve...



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