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Super falso et certo fingitur, super incerto et vero jure sumitur

be true. No one ever believed that a fiction (e.g. that a contract in fact made on the high seas was made at the Royal Exchange, or that the plaintiff in the Court of Exchequer was an … the Crown) was true. That is why its truth was not permitted to be denied. On the other hand, it is probably true that, e.g., a child under 8 is doli incapax and for that reason it

Public temple

temple it is also not unlikely that the religious reputation of the founder may be of such a high order that the private temple founded by him may attract devotees in large numbers, and the mere fact … to worship in the temple would not necessarily make the private temple a public temple. On the other hand, if the public is allowed to worship the deity installed, in such a case the temple would be

Rule of law

of Uttar Pradesh, AIR 1961 SC 1457. Rule of law, the Constitution has endowed wide powers to the High Courts and the Supreme Court under Art. 32 and 226 for the representation of the rule of law, … has really three basic and fundamental assumptions -- one is that law making must be essentially in the hands of a democratically elected legislature, subject of course to any power in the executive in an emergent situation

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County palatine

Court of Common Pleas at Lancaster and of the Court of Pleas at Durham is transferred to the High Courtof Justice. But the jurisdiction of the Chancery Courts of these counties is retained [(English) Judicature Act, 1925, … in most particulars, to thoseof the superiro Courts. See LANCASTER and DURHAM. The counties palatine are nowin the hands of the Crown: the jurisdiction of Durham is vested, as a separate franchise and royalty, in the Crown,

Lease

56, causes for the specific performance of contracts for leases are assigned to the Chancery Division of the High Court. See LANDLORD AND TENANT; COMPENSATION; GOODWILL; APPORTION-MENT; FORFEITURE; CONDITION; RENEWAL; also Chitty's Statutes, tit. 'Landlord and Tenant'; … user thereof does not disappear and at the expiry of the term or on termination the same is handed over to the lessor subject to the terms of the contract, express or implied, State of Karnataka v.

Replevin

against the distrainer, and prosecuted with effect and without delay either in the County Court or in the High Court, and to restore it if the right be adjudged against him; after which the distrainer may keep … landlord, he made avowry--that is, he avowed taking the distress in his own right; where, on the other hand, it was against the bailiff or servant, he made cognizance--that is, he acknowledged the taking in right of

Magna Carta

St.Edmund's Bury, in Suffolk, in the later part of the year 1214, and there solemnly swore upon the high alter to withdraw their allegiance from the Crown, and openly rebel, unless King John confirmed by a formal … which the Great Seal of the realm was solemnly affixed, and the instrument was given by the king's hand as a confirmation of his own act, but it was not signed by him, as commonly supposed. This

Tenure

title), the right to use the profits in the soil, designated by the term 'seisin,' which is the highest interest a subject can acquire. As to tenures generally, see 2 Bl. Com. 59 et seq. Without tracing … said by some persons to be the relics of Saxon liberty, which were left untouched by the oppressive hand of the Norman. Included among free socage tenures were petit serjeanty tenure in burgage, and gavelkind. (1) Petit

Unclaimed property

if unable to recover it may obtain an order in his favour from the Chancery Division of the High Court, which 'shall, on application by petition by the new claimant, verified as the Court requires, order the … Corporation (see Times of April 29, 1884), stock on which no dividend had been paid since 1749 was handed over to the representative of a holder, who had taken out administration de bonis non, the amount recovered

Copyhold

as he may think proper; and the Court of Queen's Bench (now the King's Bench Division of the High Court of Justice) will order the lord to allow such inspection, and if the lord then refuse, he … species of tenure. (6) Copyholds are alienated by surrender, according to general custom, followed by admittance at the hands of the lord or his steward, and they are devisable. (7) A copyholder by general custom may make

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