Exceptional Grant - Law Dictionary Search Results
Husband and wife
of a woman's property to her husband for his absolute use, and a husband could not make a grant to his wife at the Common Law, though he might do so: (1) under the Statute of Uses, … Husband and wife. the Common Law treated them, for most purposes, as one person, giving, with exceptions comparatively unimportant, the whole of a woman's property to her husband for his absolute use, and a husband
Scire facias
it should not have advantage of such record. The writ, though not abolished, is now out of use except in Crown Practice on the Revenue side of the King's Bench Division for recovery of Crown debts and … the Revenue side of the King's Bench Division for recovery of Crown debts and also for rescinding Crown grants and charters, etc. Scire facias on recognizances and to repeal letters patent have been abolished: see as to
Special Leave to Appeal
where needs of justice demand interference by the highest court of the land; to be exercised only under exceptional circumstances, A Commentary on the Constitution of India, Durga Das Basu, 6th Edn., Vol. G, p. 305. The … Special Leave to Appeal, in England, the judicial committee of the Privy Council possesses the power to grant special leave to appeal, a petition for special leave lies where the court below lacks the power to
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Certify
of course on the mere ground that the impugned decision is considered to be erroneous. There must be exceptional or special circumstances like infringement of essential principles of justice or some difficult question of law of great … Supreme Court and such question must be clearly set out in its order. It is well-established that mere grant of certificate by the High Court does not prevent this Court from determining whether it was rightly granted
Parol evidence
circumstances; (2) where the language of a charter or deed has become obscure from antiquity; (3) where the grant is uncertain owing to a want of acquaintance with the grantor's estate; (4) where it is important to … terms of a deed, is, that it shall not be admitted, Henderson v. Arthur, (1907) 1 KB 10, except: (1) where, although the deed is clearly enough expressed, some ambiguity arises from extrinsic circumstances; (2) where the
Frauds, Statute of
making the same, or their agents lawfully authorized by writing, have the effect of leases at will only, except in the case of a lease taking effect in possession for not more than three years, at the … years, at the best rent which can be reasonably obtained without taking a fine; and by s. 3 grants and surrenders were required to be by deed or writing signed by the party granting or surrendering, or
Injunction
post. See Specific Relief Act, 1963 (47 of 1963), s. 37. Prior to the Judicature Act injunctions were grantable by the Court of Chancery only (except to prevent the repetition of a breach of contract or injury
Feoffment
latter Act, all real property, as regards conveyance of the immediate freehold thereof, is transferable as well by grant as by livery, so that a transfer by deed alone is all that is necessary, and transfer by … of land or any interest therein are void in respect of the legal estate unless made by deed except as setout in the section. See also REGISTRATION OF LAND. A feoffment was a conveyance which might have
New trial
and that the decision is not agreeable to the justice and truth of the case before they will grant a new trial. The following is a summary of the cases in which a new trial may be … is by applying to the Court for a new trial, which is in substitution for a bill of exceptions. But the Court must be satisfied that there are strong probable grounds to suppose that the merits have
Joint-tenancy
they are then joint-tenants of the fee. While equity recognises this rule, yet it has laid down many exceptions to it, amongst the most important of which are the following: (1) If two join in lending money … marry; otherwise the donees possess estates for life only, with several inheritances in tail. An estate cannot be granted to two or more jointly and severally, for severally is repugnant and they take as joint-tenants. This and
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