Divorcible - Page 2 - Law Dictionary

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....

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...

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...

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)]...

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....

Divorcible - Law Dictionary Search Results

Cui ante divortium

Tail after possibility of issue extinct, Tenant in

Hindu undivided family

Iddat period

Mala fide exercise of power

Divorcer

Divorcive

divorced

Divorcement

Divorceless

Stay Ahead. Stay Focused.