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Fair Use - Law Dictionary Search Results

Home Dictionary Name: fair use

fair use

fair use see use ...


use

use 1 a : an arrangement in which property is granted to another with the trust and confidence that the grantor or another is entitled to the beneficial enjoyment of it see also trust Statute of Uses in the Important Laws section NOTE: Uses originated in early English law and were the origin of the modern trust. Uses became popular in medieval England, where they were often secretly employed as a method of evading laws (as those prohibiting mortmain) and penalties (as attainder) and to defeat creditors. In response, the Statute of Uses was enacted in 1535. The purpose of the Statute was to execute the use, investing the legal ownership of the property in the cestui que use, or one entitled to the beneficial enjoyment, and abolishing the ownership of the grantee. The Statute did not have blanket application, however. Certain uses, particularly those in which the grantee was not merely a passive holder of the property, were not executed under the Statute. These uses were called trust...


Cattle fair

Cattle fair, the expression 'cattle fair' is not defined in the Act. The Legislature, when it did not furnish the definition of the expression 'cattle fair' must be deemed to have used the expression in its ordinary signification, as meaning, a periodical concourse of buyers and sellers in generally a place for sale and purchase of cattle at times or on occasions ordained custom, Municipal Committee v. State of Punjab, AIR 1969 SC 1100 (1104): (1969) 1 SCC 475. [Punjab Cattle Fairs (Regulation) Act, (6 of 1968)...


fair play and substantial justice

fair play and substantial justice : a requirement or standard of fairness which a court's assertion of personal jurisdiction over a nonresident defendant must meet in order to avoid a violation of the defendant's right to due process see also minimum contacts International Shoe Co. v. Washington in the Important Cases section NOTE: In International Shoe Co. v. Washington, the Supreme Court held that in order for a state court to exercise jurisdiction over a defendant whose residence is elsewhere, the court must establish that the defendant has such minimum contacts with the state that the exercise of jurisdiction over the defendant does not offend traditional notions of fair play and substantial justice. Among the factors used to make this determination are the difficulty for the defendant of appearing in the court, the state's interest in deciding the case, and the plaintiff's interest in the convenience of the court and the effectiveness of the relief to be obtained there. ...


fair trial

fair trial : a trial that is conducted fairly, justly, and with procedural regularity by an impartial judge and in which the defendant is afforded his or her rights under the U.S. Constitution or the appropriate state constitution or other law NOTE: Among the factors used to determine whether a defendant received a fair trial are these: the effectiveness of the assistance of counsel, the opportunity to present evidence and witnesses, the opportunity to rebut the opposition's evidence and cross-examine the opposition's witnesses, the presence of an impartial jury, and the judge's freedom from bias. ...


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...


Fair spoken

Using fair speech or uttered with fairness bland civil courteous plausible...


Fairness

Fairness, is a fundamental principle of good administration. It is a rule to ensure the vast power in the modern State is not abused but properly exercised. The State power is used for proper and not for improper purposes. The authority is not misguided by extraneous or irrelevant considerations. Fairness is also a principle to ensure that statutory authority arrives at a just decision either in promoting the interest or affecting the rights of persons, M.S Mally Bharat Engg. Co. Ltd. v. State of Bihar, (1990) 2 SCC 48 (55).Implies that even an administrative authority must act in good faith; and without bias, apply its mind to all relevant considerations and must not be swayed by irrelevant consideration, must not be act arbitrarily or capriciously and must not come to a conclusion which is perverse or is such that no reasonable body of persons properly informed could arrive at, Pyrites, Phosphates & Chemicals Ltd. v. Bihar Electricity Board, AIR 1996 Pat 1....


Markets and fairs

Markets and fairs. The right to hold a market or fair, i.e., to hold organized meetings of persons for the purpose of buying and selling, is derived from a royal grant either actual or to be presumed from long usage. Markets and fairs in large towns of modern growth are, however, frequently held under special Acts which incorporate the (English) Markets and Fairs Clauses Act, 1847 (10 & 11 Vict. c. 14), or under the Public Health Act, 1875. The following Acts regulate markets and fairs:-Metropolitan Fairs Act, 1868; Fairs Acts, 1871 and 1873; Markets and Fairs (Weighing of Cattle) Acts, 1887 and 1891, and 1926. See Newcastle (Duke of) v. Workshop U.D.C., (1902) 2 Ch 145; and consult Pease and Chitty on Markets and Fairs. See FAIRS AND MANOR....


Fair trial

Fair trial, means a trial in which bias or prejudice for or against the accused, the witnesses, or the cause which is being tried is eliminated. If the witnesses get threatened or are forced to give false evidence that also would not result in a fair trial. The failure to hear material witnesses is certainly denial of fair trial. The fair trial for a criminal offence consists not only in technical observance of the frame and forms of law, but also in recognition and just application on its principles in substance, to find out the truth and prevent miscarriage of justice, Zahira Habibulla H. Sheikh v. State of Gujarat, (2004) 4 SCC 158 (187). (Constitution of India, Art. 21).A trial by an impartial and disinterested tribunal is accordance with regular procedure, Black's Law Dictionary, 7th Edn., p. 617.Mean a trial before an impartial judge, a fair prosecutor and atmosphere of judicial claim. Fair trial means a trial in which bias or prejudice for or against the accused, witnesses or th...


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