Essential Element - Law Dictionary Search Results
Home Dictionary Name: essential elementessential element
essential element : an element of a tort or esp. a crime that must be alleged in the complaint or charging instrument (as the indictment) in order to make out a prima facie case ...
Lease
Lease [either from locatio, Lat., the letting of property, or laisser, Fr., to let, or leapum, or leasum, Sax., to enter lawfully], sometimes also called demise (demissio), is a grant of property for life, or years, or from year to year or at will, by one who has greater interest in the property. The person granting is called the lessor, who is possessed of the reversion (as to a reversion being essential to a lease, see 1 Platt on Lease, pp. 9 et seq.); he to whom the property is granted, the lessee. The consideration is usually the payment of a rent or other annual recompense. The ancient operative words were 'demise, lease, and to farm let,' or 'demise and lease.'The (English) Law of Property Act,1925, makes a distinction between leases for years which become legal estates if they consist of terms of years absolute and leases for life which have been converted into merely equitable interests if created under a settlement, but by s. 149 of the Act leases for life at a rent or in cons...
Lottery
Lottery, a game of chance; a distribution of prizes by lot or chance, Taylor v. Smetten, (1883) 11 QBD 207. By 10 & 11 Wm. 3, c. 17, Chitty's Statutes, tit. 'Games,' all lotteries were declared to be public nuisances, and all grants, patents, or licences for the same to be contrary to law; and the (English) Gaming Act, 1802 (42 Geo. 3, c. 119), imposes a penalty of 500l. on any person keeping any place for any lottery' not authorized by Parliament' for as lotteries were found to be a ready mode for raising money for the service of the state, they were from time to time sanctioned by Acts of Parliament passed expressly for this purpose (see 4 Geo. 4, c. 60), but by 6 Geo. 4, c. 60, they were abolished. As to what constitutes 'keeping' within the Act of 1802, see Martin v. Benjamin, (1907) 1 KB 64; but a body corporate cannot be convicted (s. 41) as rogues and vagabonds, Hawke v. Hulton, (1909) 2 KB 93.A physical lot is not essential to a lottery, Barclay v. Pearson, (1893) 2 Ch 154. In ...
Element
One of the simplest or essential parts or principles of which anything consists or upon which the constitution or fundamental powers of anything are based...
Believe and hope
Believe and hope, 'to hope' means 'to want and expect'; to look forward with expectation and desire.' 'Hope' is a wishful feeling floating on nebulous foams projected into the unknown future, the term 'believe', in the sense in which it is used in s. 164, has 'logical confidence' or 'rational conviction' as its essential element. It imports a very high degree of expectation wrought by reason, a satisfaction fast - rooted in terra firma, free from doubt as to the truth of the fact perceived and believed, Chandran v. State of Madras, AIR 1978 SC 1574 (1581). [Criminal Procedure Code (2 of 1974) s. 164]...
Corporation or body politic
Corporation or body politic, an artificial person es-tablished for preserving in perpetual succession certain rights, which being conferred on natural persons only would fail in process of time. It is either aggegate, consisting of many members, or sole, consisting of one person only, as a parson. It is also either spiritual, created to perpetuate the rights of the Church, or lay'sub-divided into civil, created for many temporal purposes, and eleemosynary, to perpetuate founders' charities. It is by virtue of the sovereign's prerogative exercised by a charter, or of an Act of Parliament, or of prescription, that the artificial personage called a corporation, whether sole or aggregate, civil or ecclesiastical, is created. The royal charter gives it a legal immortality, and a name by which it acts and becomes known. It has power to make bye-laws for its own government, and transacts its business under the authority of a common seal-its hand and mouthpiece; it has neither soul nor tangibl...
Estoppel and waiver
Estoppel and waiver, Waiver is distinct from estoppel in that in waiver the essential element is actual intent to abandon or surrender right, while in estoppel such intent is immaterial, Provash Chandra Dalui v. Biswanath Banerjee, 1989 Supp (1) SCC 487: AIR 1989 SC 1834: (1989) 2 SCR 401....
Hope and believe
Hope and believe, There is a marked difference between 'hope' and 'believe'. 'To hope' means 'to want and expect'; 'to look forward with expectation and desire'. 'Hope' is a wishful feeling floating on nebulous foams projected into the unknown future. Deep hidden in 'hope' dwells a lingering doubt, a speck of suspicion, that what is desired and expected may not turn out true. Not un often, in the mind of the person hoping, there lurks subconscious fear that the 'hope' may turn out a 'dupe'. In contrast with it, the term 'believe' in the sense in which it is used in s. 164, has 'logical confidence' or 'rational convic-tion' as its essential element. It imports a very high degree of expectation wrought by reason, a satisfaction fast-rooted in terra firma, free from doubt as to the truth of the fact perceived and believed, Chandran v. State of Madras, AIR 1978 SC 1574 (1581): (1978) 4 SCC 90....
Material alteration
Material alteration, A material alteration is one which varies the rights, liabilities, or legal position of the parties as ascertained by the deed in its original state, or otherwise varies the legal effect of the instrument as originally expressed, or reduces to certainty some provision which was originally unascertained and as such void, or which may otherwise prejudice the party bound by the deed as originally executed, Loonkaran Sethia v. Mr. Ivan E. John, AIR 1977 SC 336 (347): (1977) 1 SCC 379: (1977) 1 SCR 853.The material alterations contemplate change of substantial nature affecting the form and character of the building. Many a time tenants make minor constructions and alterations for the convenient use of the tenanted accommodation. The legislature does not provide for their eviction; instead, the construction so made would furnish ground for eviction only when they bring about substantial change in the front and structure of the building. The essential element which needs ...
Omits and refuses
Omits and refuses, the words omits and refuses indicates the essential element of volition and includes an omission, AIR 1966 Punj 137 (139). [Punjab Municipality Act (3 of 1911), s. 24]...
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