Divest - Law Dictionary Search Results

Disembody

To divest of the body or corporeal existence...

Disbranch

To divest of a branch or branches to tear off...

dethrone

To remove or drive from a throne to depose to divest of supreme authority and dignity...

Emancipation. A solemn act by which a pater-familias divests himself of his power over his filius-familias, so that the filus-familias may become sui juris. There are three forms of emancipatio: (1) The old emancipation, which was by several man-cipationes, followed by several enfranchisements. The man-icipatio, or solemn sale, destroyed the patria potestas and put the filius familias in mancipio, which was a kind of slavery. The enfranchisement by the purchaser made the filius-familias sui juris. As the enfranchiser acquired all rights of patronage, the father, on occasion of the last mancipatio, added the trust-clause (fiducia contracta), i.e., an express condition that the purchaser should remancipate the filius-familias to the pater-familias, so that having ceased to be a pater-familias, and being only an ordinary purchaser, he might enfranchise his child, and so acquire the rights of patronage.(2) The Anastasian emancipation, introduced by Anastasius. It consisted in obtaining an ...

Sub-tenancy

Sub-tenancy, means transfer of an exclusive right to enjoy the property in favour of third party. There must be vesting of possession by the tenant in another person by divesting himself not only of physical possession but also of the right to possession, General Produce Co. Ltd. v. Sonmati Holdings, (1996) 1 WLC 535 (Raj)...

Salus populi est suprema lex

Salus populi est suprema lex. 11 Rep. 139.-(The safety of the people is the supreme law.) See Broom's Leg. Max. Thus a condition in a will divesting property in the event of a beneficiary entering the naval or military service of the country is absolutely void, Re Beard, (1908) 1 Ch 383....

Regress, Lettrs of

Regress, Lettrs of. They were granted by the superior of lands mortgaged to the wadsettor or mortgagor. Their object was this: by the wadset or mortgage, the mortgagor was completely divested, and when he redeemed, he appeared to claim an entry from the superior as a stranger, and the superior was no more bound to receive the mortgagor than he would have been forced to receive any third party; to remedy this, letters of regress were granted by the superior under which he became bound to re-admit the wadsettor at any time when he should demand entry, Bell's Scots Law Dict....

Power

Power, in respect of court the word 'power' means an authority expressly or impliedly conferred on the court by law to do that which without that sanction it could not have done, consent cannot give jurisdiction, K.E. v. Vithu, (1899) 1 Bom LR 157.Power, is an authority reserved by, or limited to, a person to dispone, either wholly or partially, of movable or immovable property, either for his own benefit or for that of others. The word is used as a technical term and is distinct from the dominion which a man has over his own estate by virtue of ownership, Stroud's Judicial Dictionary.Power, is not synonymous with jurisdiction, K.E. v. Vithu, (1899) 1 Bom LR 157.Power, may be general or implied. The general powers are such as the donee can exercise in favour of such person or persons as he pleases, including himself, Mahadeo Ramchandra v. Damodar Vishwanath, AIR 1957 Bom 218.Means any form of energy which is not generated by human or animal agency. [The Gujarat Lifts and Escalators Act...

Per month

Per month, means an agreement to pay so much 'per month' for a stated service, means that such payment is to be made each month or monthly, and gives a cause of action as each accrues, which, once vested, is not subsequently lost or divested by the service-giver's desertion or abandonment of his contract, Taylor v. Laird, 25 LJ Ex 329; Stroud...

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