Impeachable - Law Dictionary Search Results
Home Dictionary Name: impeachable Page: 3Illusory Appointments Act, 1830
Illusory Appointments Act, 1830 (English) (11 Geo. 4 & 1 Wm. 4, c. 46). This statute enacted that no appointment made after July 16th, 1830, in exercise of a power to appoint property, real or personal, among several objects, shall be invalid, or impeached in equity, on the ground that an unsubstantial, illusory, or nominal share only was thereby appointed, or left unappointed, to devolve upon any one or more of the objects of such power; but that the appointment shall be valid in equity as at law. See also the (Englihs) Powers of Appointment Act, 1874 (37 & 38 Vict. c. 37) ('Lord Selborne's Act'), by which appointments were validated, although one or more of the objects may have been excluded. These two Acts were repealed and reproduced by s. 158 of the (Englihs) Law of Property Act, 1925, which extends the rule to appointments whenever made. For the old law, consult Farwell on Powers, 8th Edn., 938....
Impechiare
Impechiare, to impeach, to accuse, or prosecute for felony or treason...
Impescatus
Impescatus, impeached or accused, Jac. Law Dict....
Impetitio
Impetitio, to accuse publicly of his conduct. See IMPEACHMENT....
Term of years absolute
Term of years absolute, defined for the purposes of the (English) Law of Property Act, 1925, s. 205 (1) (xxvii.), as a term of years in possession or reversion whether or not at a rent with or without impeachment for waste, subject or not to another legal estate and either certain or liable to deter-mination by notice, re-entry, operation of law, or by a provision for cesser of redemption or in any other event (other than the dropping of a life or the determination of a determinable life interest, but does not include any term of years determinable with life or lives or with the cesser of a determinable life interest, nor if created after 1925 a term of years which is not expressed to take effect in possession within twenty-one years where required by the Act to take effect within that period (i.e., leases at a rent or in considation of a fine and not being leases of a reversion on a term, see s. 149 of the Act); and in that definition, term of years includes terms for less than years ...
Levitical degrees
Levitical degrees, degrees of kindred within which persons are prohibited to marry. They are set forth in the eighteenth chapter of Leviticus. By 32 Hen. 8, c. 38, it is declared that all persons may lawfully marry, but such as are prohibited by God's law; and it is declared by the same statute, that 'no reservation or prohibition (God's law except) shall trouble or impeach any marriage without the Levitical degrees.' See MARRIAGE....
Marz-ool-maut
Marz-ool-maut, under the Mohemmedan Law, the term 'marz-ool-maut' is applicable not only to disease which actually cause death but to diseases from which it is probable that death will ensure so as to engender in the person affected with the disease an apprehension of death. A person labouring under such a disease cannot make a valid gift of the whole of his property until a year has elapsed, from the time he was first attacked by it. When a gift is made by a person labouring under such a disease, it will be good only to the extent of one-third of the subject of the gift, if the donee had been put into possession by the donor, Labbi v. Bibbun, 6 NWP 159.To establish 'Marz-ool-maut there must be present at least the following conditions--(1) Proximate danger of death so that there is, as it is phrased, a preponderance (ghaliba) of knout or apprehension, that is, that at the given time death must be more probable than life;(2) there must be some degree of subjective apprehension of death...
Misprision
Misprision [fr. mepris, Fr.], neglect, negligence, or oversight.All such high offences as are under the degree of capital, but nearly bordering thereon, are misprisions; and it is said that a misprision is contained in every treason and felony whatsoever, and that, if the Crown so please, the offender may be proceeded against for the misprision only. And upon the same principle, while the court of Star Chamber existed, it was held that the sovereign might remit a prosecution for treason, and cause the delinquent to be censured in that Court, merely for a high misdemeanour; as in the case of Roger, Earl of Rutland, in 43 Eliz., concerned in Essex's rebellion. Every great misdemeanour, according to Coke, which has no certain term appointed by the law, is sometimes called a misprision.Misprisions are divided in the text-books into two kinds:-(1) Negative, the concealment of what ought to be revealed; such is misprision of treason, the bare knowledge and concealment of treason without any ...
Peremptory pleas, or pleas in bar
Peremptory pleas, or pleas in bar, those which were founded on some matter tending to impeach the right of action....
Relevancy and admissibility
Relevancy and admissibility, the expressions 'relevancy and admissibility' are used as synonyms but their legal implications are distinct and different for more often than not facts which are relevant may not be admissible, for example, communication made by spouses during marriage or between an Advocate and his client though relevant are not admissible; so also facts which are admissible may not be relevant, for example, questions permitted to be put in cross-examination to test the veracity or impeach the credit of witnesses, though not relevant are admissible. The probative value of the evidence is the weight to be given to it which has to be judged having regard to the facts and circumstances of each case, Ram Bihari Yadav v. State of Bihar, (1998) 4 SCC 517: AIR 1998 SC 1850 (1852). [Evidence Act, (10 of 1872), s. 3]...
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