Ex Facie - Law Dictionary Search Results
Home Dictionary Name: ex facieex facie
ex facie [New Latin, literally, from the appearance] : on its face [valid ex facie] compare prima facie ...
prima facie
prima facie [Latin] : at first view : on first appearance absent other information or evidence [guidelines which would prima facie accredit new entrance examinations as nondiscriminatory "S. L. Lynch"] compare ex facie adj : sufficient to establish a fact or case unless disproved [prima facie proof] [a prima facie showing] ...
Controlled business
Controlled business, the definition of 'controlled business' contemplates two kinds of insurers--(i) insurers who carry on life business only, and (ii) insurers who carry on composite business, that is to say certain other business which does not ex facie come within controlled business, Under sub-clause (a) of s. 2(3)(i) controlled business covers the entire life business of an insurer if he carries on no other class of insurance business and under sub-clause (b) all the business appertaining to his life insurance business is included if he is a composite insurer. The controlled business in either case is intended to embrace all the business concerning life insurance. In the first case it means the whole of the business of the insurer and in the second case the part which comes within the life businessbut not other, National Insurance Co. Ltd. v. Life Insurance Corporation of India, AIR 1963 SC 1911 (1913): (1964) 2 SCR 182. [Life Insurance Corpora-tion Act, (31 of 1950), s. 2(3)(i) E...
Declarator of trust
Declarator of trust is resorted to against a trustee who holds property upon titles ex facie for his own benefit, Ibid....
Delictum
Delictum, challenge propter. See CHALLENGE.A delict, tort, wrong, injury or offence. Actions ex facie are such as are founded on a tort, as distinguished from actions on contract....
Improbation
Improbation, the disproving or setting aside of deeds and writings ex facie probative on the ground of falsehood or forgery. Bell's Dict....
Sanction
Sanction, 1. official approval or authorisation 2. A penalty or coercive measure that results from failure to comply with law, rule or order, Black's Law Dictionary, 7th Edn., p. 1341.Sanction, for prosecution is a weapon to ensure dis-couragement of frivolous and vexatious prosecu-tion and is a safeguard for the innocent but not a shield for the guilty. The order of sanction ex facie discloses that the sanctioning authority had considered the evidence and other material placed before it, Mansuklal v. State of Gujarat, (1997) 7 SCC 622: (1977) SCC (Cri) 1120.Sanction, is purely an executive function and not judicial function of the government and as sanction need not be based on legal evidence, State of Assam v. Niranjan Ghosh, (1995) 1 Gau LR 427.Sanction, not only means prior approval, generally it also means ratification, Senior Food Inspector, Ananthapur v. Ravuru Subbiah, (1992) Cr LJ 2289.Sanction, or prior approval of an authority, is made a condition precedent to prosecute in r...
Shall be made on the ground of merit and ability
Shall be made on the ground of merit and ability, clearly postulate that the order of the appointing authority must show ex facie that the considerations mentioned in the rule were present in the mind of the appointing authority at the time of making promotions, Lal Chand Pargal v. Director, NES, AIR 1970 J&K 57 (64) (FB)....
Transferable
Transferable, ex facie, is not to be equated to 'transferred'. The word import a quality, a legal effect arising out of or inherent in the character and nature of shares themselves, Krishna Agency Ltd. v. Commissioner of Income Tax, AIR 1972 SC 156: (1971) 3 SCC 377: (1972) 1 SCWR 418; East India Corporation Ltd. v. Commissioner of Income Tax, 61 ITR 16 Mad....
Marriage
Marriage. Marriage as understood in Christendom is the voluntary union for life of one man and one woman, to the exclusion of all others, Hyde v. Hyde, 1866 LR 1 P&D 130. Where a marriage in a foreign country complies with these requirements it is immaterial that under the local law dissolution can be obtained by mutual consent or at the will of either party with merely formal conditions of official registration, and it constitutes a valid marriage according to English law, Nachimson v. Nachimson, 1930, P. 217. Previous to 1753 the validity of marriage was regulated by ecclesiastical law, not touched by any statutory nullity but modified by the Common law Courts, which sometimes interfered with the Ecclesiastical Courts, by prohibition, sometimes themselves decide on the validity of a marriage, presuming a marriage in fact as opposed to lawful marriage. A religious ceremony by an ordained clergyman was essential to a lawful marriage, at all events for dower and heirship; but if in an i...
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