Divorcer - Law Dictionary Search Results
Home Dictionary Name: divorcer Page: 2Tail 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...
Mala fide exercise of power
Mala fide exercise of power, a right to get rid of the obstruction then and there by binding down the complainants or removing them from the place might be mistaken. Their act was necessarily 'mala fide' and so entirely divorced from or unconnected with the discharge of their duty that it was an independent act maliciously done or perpetrated, Mata Jog Dobey v. H.C. Bhari, AIR 1956 SC 44 (50). [Criminal Procedure Code, 1898, s. 6(9)]A mala fide exercise of power does not necessarily imply any moral turpitude and may only mean that the statutory power is exercised for purposes other than those for which the power was intended by law to be exercised, Additional District Magistrate v. Shivakant Shukla, AIR 1976 SC 1207 (1343): (1976) 2 SCC 521: (1976) Supp SCR 172....
Iddat period
Iddat period, means in the case of a divorced woman,--(i) three menstrual courses after the date of divorce, if she is subject to menstruation; and(ii) three lunar months after her divorce, if she is not subject to menstruation; and(iii) if she is enceinte at the time of her divorce, the period between the divorce and the delivery of her child or the termination of her pregnancy, whichever is earlier. [Muslim Women (Protection of Rights on Divorce) Act, 1986 (25 of 1986), s. 2 (b)]...
Hindu undivided family
Hindu undivided family, A Hindu undivided family is a fleeting body. Its composition changes by births, deaths, marriages and divorces. Such a partnership is likely to have a precarious existence, Messrs Agarwal and Co. v. Commissioner of Income-tax, AIR 1970 SC 1343: (1971) 1 SCR 237: (1970) 2 SCC 48.The expression 'Hindu undivided family' in the Income-tax Act is used in the sense in which a Hindu joint family is understood under the various schools of Hindu law (see Attorney-General of Ceylon v. Ar. Arunachalam Chettiar (1958) 34 ITR 42: 1957 AC 540) and Gowli Buddanna v. CIT. (supra). In the case of CIT v. Rm. Are. Veerappa Chettiar, ((1970) 3 SCR 307: (1970) 76 ITR 467: (1970) 1 SCC 174) the Supreme Court observed that under the Hindu law it is not predicated of a Hindu joint family that there must be a male members. It was accordingly held that so long as the property which was originally of the joint Hindu family remains in the hands of the Widows of the members of the family an...
Earned
Earned, the term cannot be divorced from that of income accruing to the assessee, E.D. Sassoon and Co. Ltd. v. Commissioner of Income Tax, AIR 1954 SC 470: (1955) 1 SCR 313. (Indian Income-tax Act, 1922, s. 4)...
Cui ante divortium
Cui ante divortium (to whom before divorce). A writ for a woman divorced from her husband to recover her lands and tenements which she had in fee simple or in tail, or for life, from him to whom her husband alienated them during the marriage, when she could not gainsay it, Reg. Brev. 233. Abolished by 3 & 4 Wm. 4, c. 27, s. 36....
Estovers
Necessaries or supplies an allowance to a person out of an estate or other thing for support as of wood to a tenant for life etc of sustenance to a man confined for felony out of his estate or alimony to a woman divorced out of her husbands estate...
trust
trust 1 a : a fiduciary relationship in which one party holds legal title to another's property for the benefit of a party who holds equitable title to the property b : an entity resulting from the establishment of such a relationship see also beneficiary, cestui que trust, corpus declaration of trust at declaration, principal, settlor NOTE: Trusts developed out of the old English use. The traditional requirements of a trust are a named beneficiary and trustee (who may be the settlor), an identified res, or property, to be transferred to the trustee and constitute the principal of the trust, and delivery of the res to the trustee with the intent to create a trust. Not all relationships labeled as trusts have all of these characteristics, however. Trusts are often created for their advantageous tax treatment. accumulation trust : a trust in which principal and income are allowed to accumulate rather than being paid out NOTE: Accumulation trusts are disfavored and often restricted...
Divorcement
Dissolution of the marriage tie divorce separation...
Divorceless
Incapable of being divorced or separated free from divorce...
- << Prev.
- Next >>