Implied Trust - Law Dictionary Search Results
Adverse possession
rights, and secondly, the person setting up dispossession may have been holding under the rightful owner's title, e.g., trustees, guardians, bailiffs or agents. Such persons cannot set up possession averse to their cestui que trust, principal or … Law Dictionary, 7th Edn., p. 54. Adverse possession, contemplates hostile possession i.e. a possession which is expressly or impliedly in denial of the title of the true owner. Possession to be adverse must be possession by a
Negligence
claim to be compensated under this Sub-s. must cause some loss or injury to him, Consumer Unity & Trust Society v. Bank of Baroda, (1995) 2 SCC 150 (153). (ii) 'Negligence' is the omission to do something
Tail
some one of the assurances evidenced by deed (not being a will or a contract either expressed or implied) used for the conveyance of fee-simple estates. If the tenant-in-tail be a feme covert (under coverture which began … interest which may be created after 1925 in respect of personalty as well as realty by way of trust and which (if not barred or disposed of by will after 1925) will devolve inequity on the person
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Owner
be in possession and obtain it, whereas with chattels the concept is a more absolute one. Actual possession implies a right to retain it until the contrary is proved and to that extent a possessor is presumed … premises in connection with which the word is used, whether on his own account or as agent or trustee, or who would so receive the same if the same were let at a rack-rent' (see that title),
Cause of action
but not the evidence except in certain cases where the pleading relied on any misrepresentation, fraud, breach of trust, wilful default or undue influence, Liverpool & London S.P. & I Assocn. v. M.V. Sea Success, (2004) 9 … SC 416 (422): (2001) 2 SCC 294. [Civil Procedure Code, (5 of 1908), s. 20] Cause of action implies a right to sue. The material facts which are imperative for the suitor to allege and prove constitute
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