Fair And Equitable - Law Dictionary Search Results
Home Dictionary Name: fair and equitableFair and equitable
Fair and equitable, The words 'fair' and 'equitable' both mean 'just or unbiased' (see the Concise Oxford Dictionary, 4th Edn., p. 426 and p. 402). The words 'fair and equitable' must be given their due meaning and proper effect. The question then asked is - what meaning is to be given to the words 'such.......... as the lessor shall determine'. It is indeed true that these words constitute an adjectival clause to the expression 'fair and equitable enhancement', but we consider that the meaning of the adjectival clause is merely this: the lessor must first determine what it considers to be fair and equitable enhancement; but if in fact it is not so, it is open to the lessee to ask the Court to determine what is fair and equitable enhancement, Damodhar Tukaram Mangalmurti v. State of Bombay, AIR 1959 SC 639 (642): (1959) Supp 2 SCR 180....
Fair and equitable benefit sharing
Fair and equitable benefit sharing, 'fair and equitable benefit sharing' means sharing of benefits as determined by the National Biodiversity Authority under s. 21. [Biological Diversity Act, 2002 (18 of 2003), s. 2(g)]...
Equitable distribution
Equitable distribution, in Jowitt's Dictionary of English Law, where 'equitable' has been stated to mean 'that which is fair', and to Corpus Juris Secundum to show that equitable is that which is done 'fairly, justly and impartially'. It cannot be doubted that only that distribution can be said to be 'equitable' which is 'just and right under all the circumstances of the particular case', State of U.P. v. Hindustan Aluminium Corpn., (1979) 3 SCC 229: AIOR 1979 SC 1459: (1979) 3 SCR 709....
Equitable
Possessing or exhibiting equity according to natural right or natural justice marked by a due consideration for what is fair unbiased or impartial just as an equitable decision an equitable distribution of an estate equitable men...
Fair
Fair, A 'fair' has been judically defined as meaning 'a periodical concourse of buyers and sellers in a place generally for sale and purchase.... at times or on occasions ordained by custom' (AIR 1969 SC 1100), ITC Ltd. v. Agricultural Produce Market Committee, (2002) 9 SCC 232 (294): AIR 2002 SC 852.Impartial; just equitable; disinterested; Free of bias or prejudica; Black's Law Dictionary, 7th Edn., p. 615....
equitable
equitable 1 : having or exhibiting equity : dealing fairly and equally [shall allocate…appropriations in an manner "U.S. Code"] 2 : existing or valid in equity or as a matter of equity as distinguished from law [an defense] compare legal eq·ui·ta·bil·i·ty [e-kwi-tə-bi-lə-tē] n eq·ui·ta·ble·ness n eq·ui·ta·bly adv ...
equitable distribution
equitable distribution : the distribution of marital assets by a court in a divorce action in accordance with statutory guidelines that are designed to produce a fair but not necessarily equal division of the property ...
Fairs
Fairs [fr. foire, Fr.; forum nundin', Lat.]. these institutions are very closely allied to markets. A fair is a greater species of market, recurring at more distant intervals. No fair can be held without a grant from the Crown, or a prescription which supposes such grant. Before a patent is granted it is usual to have a writ of ad quod damnum executed and returned, that it may not be issued to the prejudice of another fair or market already existing. The grant usually contains a clause that it shall not be to the hurt of another fair or market; but this clause, if omitted, would be implied; for if the franchise occasion damage, either to the Crown or a subject, in any respect, it will be revoked; and a person whose ancient title is prejudiced is entitled to have a scire facias in the King's name to repeal the letters-patent. If His Majesty grant power to hold a fair or market in a particular place, the lieges can resort to no other, even though it be inconvenient. But if no place be ap...
Equitable estates and interests
Equitable estates and interests, Rights relating to property of which the legal ownership is vested in another person, or in the equitable owner himself in another capacity. The rights arise whenever a person obtains a title to have the property or an estate or interest in it vested in himself, e.g., by contract or by any conveyance or assignment which does not by law transfer or vest the legal estate or ownership in the transferee, by mortgage or charge, and whenever a trust arises, either express, constructive, implied or by operation of law. In theory the legal owner alone was entitled, both in law and equity, to the property, and he alone was responsible for the obligations and incidents attaching to the property, the beneficial owner merely having a personal right inequity to force the legal owner to carry out his obligation or trust, but the rights and obligations of beneficial ownership became recognized and affected by statute. The Statute of Uses turned the beneficial right or...
discretion
discretion : power of free decision or latitude of choice within certain bounds imposed by law [reached the age of ] [struck down death penalty provisions administered through unbridled jury "L. H. Tribe"]: as a : the power of a judge to use his or her own judgment in making decisions guided by what is fair and equitable and by principles of law see also abuse of discretion b : the power of a public official or employee to act and make decisions based on his or her own judgment or conscience within the bounds of reason and the law ...
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