Exhausting - Law Dictionary Search Results
Home Dictionary Name: exhausting Page: 2Means and includes
Means and includes, The definition which consists of two separate parts which specify what the expression means and also what it includes is obviously meant to be exhaustive. As Lord Watson observed in Dilworth v. Commissioner of Stamps, 1899 AC 99. The word 'include' is very generally used in interpretation clauses in order to enlarge the meaning of words or phrases occurring in the body of the statute, Mahalakshmi Oil Mills v. State of Andhra Pradesh, AIR 1989 SC 335: (1989) 1 SCC 164: (1988) Supp 2 SCR 1088.(ii) A particular expression is often defined by the Legislature by using the word 'means' or the word 'includes'. Sometimes the words 'means and includes' are used. The use of the word 'means' indicates that 'definition is a hard-and-fast definition, and no other meaning can be assigned to the expression than is put down in definition'. The word 'includes' when used, enlarges the meaning of the expression defined so as to comprehend not only such things as they signify according...
Scavenging
Act or process of expelling the exhaust gases from the cylinder by some special means as in many four cycle engines by utilizing the momentum of the exhaust gases in a long exhaust pipe...
Cy-pres
Cy-pres (near to it). The principle of this doctrine of construction is, that where a testator hs two objects,one primary or general and the other secondary or particular, which are incompatible, the particular must be sacrificed in order that effect may be given to the general object, as near as may be to the testator' intention, according to law. Thus, where a testator has devised lands in a manner transgressing the rules of perpetuity and the Court can by giving the estates tail to the devisees, or any of them carry the property in the precise course marked out by the testator, supposing the estates left to themselves, it will do so, see Monypenny v. Dering, 16 M & W 418. The doctrine did not apply to personalty nor to a mixed fund. See Re Harwood, Coleman v. Innes, 1936 Ch 285.It is also applied to charitable bequests, and was formerly pushed to a most extra-vagant length. But this sensible distinction now prevails, that the court will not decree the execution of a charitable trust...
Percolation
The act or process of percolating or filtering filtration straining Specifically Pharm the process of exhausting the virtues of a powdered drug by letting a liquid filter slowly through it...
Harass
To fatigue to tire with repeated and exhausting efforts esp to weary by importunity teasing or fretting to cause to endure excessive burdens or anxieties sometimes followed by out...
Bdellometer
A cupping glass to which are attached a scarificator and an exhausting syringe...
exhaustion
exhaustion : the act or process of exhausting [even after the of direct appellate review "W. R. LaFave and J. H. Israel"] ;specif : exhaustion of remedies ...
Such as
Such as, the expression 'such as' which follows the expression 'public grounds' clearly shows that the two categories of public ground are illustrative and not exhaustive, State of Maharashtra v. V.S. Naik, AIR 1980 SC 1095: (1980) Supp SCC 229.The words 'such as' indicate that what are mentioned thereafter are only illustrative and not exhaustive, Royal Hatcheries v. State of Andhra Pradesh, AIR 1994 SC 666 (668): 1994 Supp (1) SCC 429....
Readmission
The act of admitting again or the state of being readmitted as the readmission of fresh air into an exhausted receiver the readmission of a student into a seminary...
Contingent legacy
Contingent legacy, one bequeathed on a contingency; e.g., if the legatee attain twenty-one.The contingency may only relate to the disposal of the fund, or it may relate to the position or existence of the beneficiary; in the first case as in a bequest to be paid or payable to A. when he shall attain twenty one years, the legacy is vested and not contingent and although he may never attain the age his personal representatives will be entitled to the legacy, but if the words 'paid' or 'to be payable' are omitted and the legacy is to A. on attaining twenty-one years of age his personal representatives will not be entitled to the legacy if he dies under that age. These are said to be positive rules of construction, Williams on Executors and Administrators, 12th Edn. P. 794, but the prima facie inference may be negatived by the context of the will taken as a whole. There are certain other guides to construction, e.g., in general, a gift of interest in the interim or a direction to pay maint...
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