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)]...
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 ...
Just
Just, the expression 'just' denotes equitability, fairness and reasonableness, and non arbitrary. If it is not so it cannot be just (See Helen C. Rebello v. Maharashtra State Road Transport Corporation, AIR 1998 SC 3191), Divisional Controller KSTRC v. Mahadeva Shetty, AIR 2003 SC 4172 (4177): (2003) 7 SCC 197. (Motor Vehicles Act, 1988, s. 163A and Schedule II)The word 'just' as its nomenclature, denotes equit-ability, fairness and reasonableness having large peripheral field. The largeness is, of course, not arbitrary; it is restricted by the conscience which is fair, reasonable and equitable, if it exceeds; it is termed as unfair, unreasonable, inequitable not just. In Law Lexicon, 5th Edn., by T.P. Mukherjee 'Just' is described:The term just' is derived from the latin word Justus. It has various meanings and its meaning is often governed by the context. 'Just' may apply in nearly all of its senses, either to ethics or law, denoting something which is morally right and fair and some...
equity
equity pl: -ties [Latin aequitat- aequitas fairness, justice, from aequus equal, fair] 1 a : justice according to fairness esp. as distinguished from mechanical application of rules [prompted by considerations of ] [comity between nations, and require it to be paid for "F. A. Magruder"] b : something that is equitable : an instance of equity [the inequities produced by the system are outnumbered by the equities] 2 a : a system of law originating in the English chancery and comprising a settled and formal body of substantive and procedural rules and doctrines that supplement, aid, or override common and statutory law [the judicial power shall extend to all cases, in law and , arising under this Constitution "U.S. Constitution art. III"] see also chancery compare common law, law NOTE: The courts of equity arose in England from a need to provide relief for claims that did not conform to the writ system existing in the courts of law. Originally, the courts of equity exercised great ...
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...
Equity
Equity [fr. 'quitas, Lat.] There is some confusion as to the meaning of Equity; as a scheme of jurispru-dence distinct from Law 'Equity' is an equivocal term; the difficulty lies in drawing the dividing lines between the several senses in which it is used. They may be distinguished thus:-(1) Taken broadly and philosophically, Equity means to do to all men as we would they should do unto us-by the Justinian Pandects, honeste vivere, alterum non l'dere, suum cuique tribuere. It is clear that human tribunals cannot cope with so wide a range or duties.(2) Taken in a less universal sense, Equity is used in contradistinction to strict law. This is Moral Equity, which should be the genius of every kind of human jurisprudence; since it expounds and limits the language of the positive laws, and construes them not according to their strict letter, but rather in their reasonable and benignant spirit.Aristotle, in his discussion concerning Moral Equity, Ethics Eud., b.v., c. x, calls it the correc...
Fraud
Fraud, a fraud is an act of deliberate deception with the design of securing something by taking unfair advantage of another. It is a deception in order to gain by another's loss. It is a cheating intended to got an advantage, S.P. Chengalvaraya Naidu v. Jagannath, AIR 1994 SC 853 (855): (1994) 1 SCC 1.A term used in a variety of meanings. At Common Law, fraud is actionable under the heading of deceit (q.v.).A knowing misrepresentation of the truth or con-cealment of a material fact to induce another to act to his or her detriment, Black's Law Dictionary, 7th Edn., p. 670.In equity and upon the equitable principles which are now applicable in any Court of law, fraud may be described as an infraction of the rules of fair dealing. For the action at law intention and representation (q.v.) are material. In equity an act or its consequences to the person aggrieved may be of greater importance than the intention of the defendant or any representation made to the plaintiff, and the same may b...
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 ...
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