Express Notice - Law Dictionary Search Results
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notice
notice 1 a : a notification or communication of a fact, claim, demand, or proceeding see also process, service NOTE: The requirements of when, how, and what notice must be given to a person are often prescribed by a statute, rule, or contract. b : awareness of such a fact, claim, demand, or proceeding actual notice 1 : actual awareness or direct notification of a specific fact, demand, claim, or proceeding [had actual notice of the meeting] called also express notice 2 : implied notice in this entry constructive notice : notice that one exercising ordinary care and diligence as a matter of duty would possess and esp. that is imputed by law rather than from fact [held to have constructive notice of the prior recorded deed] compare recording act express notice : actual notice in this entry implied notice : notice that is imputed to a party having knowledge of a fact or circumstance that would cause a reasonable party to inquire further or having possession of a means of know...
Notice
Notice, the making something known to a person of which he was or might be ignorant. Notice is either (1) statutory; (2) actual, which brings the knowledge of a fact directly home to the party; or (3) constructive or implied, which is no more than evidence of facts which raise such a strong presumption of notice that equity will not allow the presumption to be rebutted. [S. 154, I.P.C. and Art. 61(2)(a) const. 56 Indian Evidence Act]Constructive notice may be subdivided into: (a) where the facts of which actual evidence is supplied give rise to a further enquiry which a man exercising ordinary caution would make equity has added constructive notice of the facts, which that inquiry would have elicited; and (b) where there has been a designed abstinence from inquiry for the very purpose of avoiding notice. See CONSTRUCTIVE NOTICE.A purchaser with notice may protect himself by purchasing the title of another bona fide purchaser for a valuable consideration without notice; for, otherwise, ...
Chose
Chose [Fr., a thing]; it is used in divers senses, of which the four following are the most important:--(1) Chose local, a thing annexed to a place, as a mill, etc.(2) Chose transitory, that which is movable, and may be taken away, or carried from place to place.(3) Chose in action, otherwise called chose in suspense, a thing of which a man has not the possession or actual enjoyment, but has a right to demand by action or other proceedings, as a debt, bond, etc. A well-known rule of the Common Law was that no possibility, right, title, or thing in action, could be assigned to a third party, for it was thought that a different rule would be the occasion of multiplying litigation: as it would in effect be transferring a lawsuit to a mere stranger, though the assignee might, at law, and was assisted in equity to sue the debtor in the name of the assignor. At law, therefore, with the exception of negotiable instruments, an interesse termini, and some few other securities, this until 1873 c...
Lis pendens
Lis pendens (a pending suit). The pendency of another action between the same a parties for the same cause of action might, under the former practice, have been pleaded in abatement, though not in bar; but the pendency of an action in an inferior or foreign court could not be so pleaded. Such matter may now be setup by way of defence, or the action may be stayed by the court, under the (English) Judicature Act, 1925, s. 41, replacing Judicature Act, 1873, s. 24 (5).The actual pendency of a suit in equity was regarded as notice of the suit to all the world, though after a complete decision the public attention may be supposed to be drawn off to other matters, and therefore a person was allowed to be ignorant of a final decree of the court made in a cause in which he was not concerned, see Price v. Price, (1887) 35 Ch D 297. But by the (English) Judgments Act, 1839 (2 & 3 Vict. c. 11), s. 7, it was enacted that no lis pendens shall bind a purchaser or mortgagee without express notice the...
Necessaries
Necessaries, a relative term, not strictly limited to such things as are absolutely requisite for support and subsistence, but to be construed liberally, and varying with the state and degree, the rank, fortune, and age of the person to whom they are supplied, Wharton v. Mackenzie, (1845) 5 QB 606. It has often been held that an infant is bound to pay a reasonable price for such necessary things as relate to his maintenance and education--as food, lodging, apparel, medical attendance, schooling and instruction--unless credit be given solely to the parent, which is presumed to be the fact it if appears that the infant was placed at school or is supported by him: see Co. Litt. 172 a; Ryder v. Wombwell, (1868) LR 4 Ex. 32; Barnes v. Toye, (1884) 13 QBD 410; Roberts v. Gray, (1913)1 KB 520; and INFANT.Where 'necessaries,' that is, goods suitable to the condition in life' of an infant, 'and to his actual requirements at the time of the sale and delivery,' 'are sold and delivered to an infan...
Service of notice/notice
Service of notice/notice, according to Art. 158 of the First Schedule to the Indian Limitation Act, the period of limitation for an application to set aside an award under the Arbitration Act, 1940, begins to run from 'the date of service of the notice of the filing of the award. Notice does not necessarily mean 'communication in writing. 'Notice' accord-ing to the Oxford Concise Dictionary, means 'intimation, intelligence, warning' and has this meaning in expressions like 'give notice, have notice' and it also means 'formal intimation of something, or instructions to do something' and has such a meaning in expressions like 'notice to quit, till further notice'. Further, 'service', according to Webster's New International Diction-ary, II Edition, Unabridged, means 'act of bringing to notice, either actually or constructively, in such manner as is prescribed by law'. Oral communica-tion will therefore amount to service too, when no particular mode of service is prescribed. When the Legi...
Year to year, tenancy from
Year to year, tenancy from. This estate arises either expressly, as when land is let from year to year, or by a general parol demise, without any deter-minate interest, but reserving the payment of an annual rent; or impliedly, as when property is occupied generally under a yearly rent, payable yearly, half-yearly, or quarterly; or when such tenant holds over, after the expiration of his term, without having entered into any new contract, and pays rent (before which he is a tenant on sufferance), and in such cases the tenant holds over on such terms of the old tenancy lease as are applicable to a tenancy from year to year and to the particular tenancy.The qualities which distinguish a tenancy from year to year from proper terms for years, and from estates at will, are (1) that it exists by construction of law alone instead of an estate at will in every instance where a possession is taken with the consent of the legal owner and where an annual rent has been paid, but without there havi...
Family
Family, in relation to a person, includes the ascend-ant and descendant of such person. [Bonded Labour System (Abolition) Act, 1976 (19 of 1976), s. 2(h)]. A group consisting of parents and their children; a group of person connected by blood by affinity, or by law, Black's Law Dictionary, 7th Edn., p. 620.In relation to an occupier, means the individual, the wife or husband, as the case may be, of such individual, and their children, brother or sister of such individual. [Child Labour (Prohibition and Regulation) Act, 1986 (61 of 1986), s. 2 (v)]In relation to an operator, means his wife and dependant children and includes his dependent parents. [Dangerous Machines (Regulation) Act, 1983 (35 of 1983), s. 3 (g)]Means:(i) In the case of a male-subscriber the wife or wives, parents, children, minor brothers, unmarried sisters, deceased son's widow and children and where no parent of the subscriber is alive, a paternal grandparent: Provided that if a subscriber proves that his wife has be...
Date of service of the notice
Date of service of the notice, the expression, date of service of notice' in Col. 3 of Art. 158 of the Limitation Act to mean only a notice in writing served in a formal manner. The word 'notice' means not only a formal intimation but also an informal one. Service of a notice would include constructive or informal notice, Nilkantha Sidramappa Ningashetti v. Kashinath Somanna, AIR 1962 SC 666 (669): (1962) 2 SCR 551. [Arbitration Act, 1940, s. 14(2), 39(1)(vi), 42]...
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