Entire - Law Dictionary Search Results
Home Dictionary Name: entire Page: 2right of survivorship
right of survivorship :the right of the survivor of owners of property held jointly to take the entire property ;esp : the right of the survivor of joint tenants to sole ownership of the entire property ...
Burden of proof
Burden of proof [onus probandi, Lat.]. the most prominent canon of evidence is, that the point in issue is to be proved by the party who asserts the affirmative, according to the civil law maxims, Ei incumbit probatio qui dicit, nonqui negat; Actori incumbit onus probandi; and Affirmanti non neganti incumbit probatio. The burden of proof lies on the person who has to support his case by proof of a fact which is peculiarly within his own knowledge, or of which he is supposed to be cognizant. See Best on Evidence, Bk. III., Pt. 1, ch. 2.The expression 'burden of proof' really means two different things. It means sometimes that a party is required to prove an allegation before judgment can be given in its favour; it also means that on a contested issue one of the two contending parties has to introduce evidence, Narayan Bhagwantrao Gosavi v. Gopal Vinayak Gosavi, AIR 1960 SC 100: (1960) 1 SCR 773: (1960) SCJ 263.The phrase 'burden of proof' has not been defined in the Indian Evidence Act....
Co-owner
Co-owner, has no land on which he could erect a homestead, has preposterous legal implication, Satwant Singh Sodhi v. State of Punjab, (1999) 3 SCC 482.Co-owner, a co-owner is as much an owner of the entire property as any sole owner of a property is, Sri Ram Pasricha v. Jagannath, (1977) 1 SCR 395: (1976) 4 SCC 184: AIR 1976 SC 2335.A co-owner is as much an owner of the entire property as any sole owner of the property is: Jurisprudentially, it is not correct to say that a co-owner of property is not its owner. He owns every part of the composite property along with others and it cannot be said that he is only a part owner or a fractional owner of the property, Kanta Goel v. B.P. Pathak, (1977) 3 SCR 412: (1977) 2 SCC 814: AIR 1977 SC 1599....
Master and servant
Master and servant, a relation whereby a person calls in the assistance of others, where his own skill and labour are not sufficient to carry out his own business or purpose. See LABOURERS.Servants are of several descriptions:- 1st Servants in husbandry. These are very generally hired by the year, as from Michaelmas to Michaelmas, and this is an entire hiring for a year; and, unless otherwise stipulated, no wages are payable until the end of the year. Consult Burn's Justice, tit. 'Servants.'2nd Servants in particular trades. These (who are now more frequently termed 'workmen,' their masters being termed 'employers') are subject to the control of the magistrates under the (English) Employers and Workmen Act, 1875 (38 & 39 Vict. c. 90), and by the Truck Acts (see that title) their wages must be paid in coin.3rd Apprentices. These are placed with the master to learn his trade, with a view hereafter of following it themselves. See APPRENTICE.4th Menial or domestic servants. If no terms be ...
Ratio decidendi
Ratio decidendi, is the rule deducible from the application of law of the facts and circumstances of a case which constitutes its ratio decidendi and not some conclusion based upon facts which may appear to be similar. One additional or different fact can make a world of difference between conclusions in two cases even when the same principles are applied in each case to similar facts, Regional Manager v. Pawan Kumar Dubey, AIR 1976 SC 1766: (1976) 3 SCC 334; Jahangir Khan v. State of Bihar, (1998) 1 Pat LJR 912 (Pat).Ratio decidendi, the ground of a judicial decision. The general reasons or principles of a judicial decision, as abstracted from any peculiarities of the case, are commonly styled, by writers on jurisprudence, the ratio decidendi, Austin's Jurisprudence, p. 648.Every decision contains three basic ingredients: (i) findings of material facts, direct and inferential. An inferential finding of facts is the inference which the Judge draws from the direct, or perceptible facts;...
Si quid universitati debetur singulis non debetur, nec quod debet universitas singuli debent
Si quid universitati debetur singulis non debetur, nec quod debet universitas singuli debent. D. 3, 4, 7.-(If anything be owing to an entire body, it is not owing to the individual members; nor do the individuals owe that which is owing by the entire body.)...
Trial
Trial, does not exclude a proceeding relating to the delivery of judgment, Inayat v. Rex, AIR 1950 All 369: 1950 All LJ 127: 1950 All WR 245.Trial, is not necessary that the trial must be a full-dressed or a jury trial or a trial which concludes only after taking evidence of the parties in support of their respective cases, Dipak Chandra Ruhidas v. Chanden Kumar Sarkar, AIR 2003 SC 3701.Trial, is the conclusion, by a competent tribunal, of question in issue in legal proceedings, whether civil or criminal. Strouds Judicial Dictionary (5th Edn.) Indian Bank v. Maharashtra State Co-op. Marketing Federation Ltd., (1998) 5 SCC 69.Trial, is the examination by a competent court of the facts or laws in dispute, or put in issue in a case. It is the judicial examination of issues between the parties, whether they are of law or of fact, Sajjan Singh v. Bhagilal Pandya, AIR 1958 Raj 307.Trial, is understood as referring to the stage of the proceeding in a criminal case after the charge had been fr...
liability
liability pl: -ties 1 : the quality or state of being liable 2 : something for which one is liable: as a : a financial obligation : debt [tax ] [the bonds are liabilities] compare asset contingent liability : an amount that may or may not be owed depending on the outcome of a contingency (as a cosigner's default on a loan) fixed liability : a liability (as a bond or mortgage) that does not mature for at least one year from the date incurred or from a given date b : accountability and responsibility to another enforceable by civil remedies or criminal sanctions [ for injuries caused by their product] absolute liability : strict liability in this entry alternative liability : joint liability imposed on multiple tortfeasors when there are simultaneous tortious acts (as defective manufacture of parts of a wheel by different manufacturers) and uncertainty as to which act was the proximate cause of an injury compare concert of action civil liability : liability imposed under c...
Civil Law
Civil Law, that rule of action which every particular nation, commonwealth, or city has established peculiarly for itself, more properly distinguished by the name of municipal law.The term 'civil law' is now chiefly applied to that which the Romans complied from the laws of nature and nations.The 'Roman Law'and the 'Civil Law' are convertible phrases, meaning the same system of jurisprudence; it is now frequently denominated 'the Roman Civil Law.'The collections of Roman Civil Law, before its reformation in the sixth century of the Christian era by the eastern Emperor Justinian, were the following:--(1) Leges Regi'. These laws were for the most part promulgated by Romulus, Numa Pompilius and Servius Tullius. To Romulus are ascribed the formation of a constitutional government, and the imposition of a fine, instead of death, for crimes; Numa Pompilius composed the laws relating to religion and divine worship, and abated the rigour of subsisting laws; and Servius Tullius, the sixth king,...
Holograph
Holograph [fr. Gk., all, and to write], a deed or writing, written entirely by the grantor himself. In Scotland such a deed is held probative without witnesses, and a holograph will is good, but it must appear in gremio to be holograph or must be proved before heritage can be carried by its terms.A document (such or will or deed) that is entirely handwrites by its author, Black's Law Dictionary, 7th Edn....
- << Prev.
- Next >>