Inapposite - Law Dictionary Search Results
Home Dictionary Name: inappositeInapposite
Not apposite not fit or suitable not pertinent...
Reasonableness
Reasonableness, 'reasonableness' as the test of validity is not the courts own standard of reasonableness as it might conceive it in a given situation. A thing is not unreasonable in the legal sense merely because the court thinks it is unwise. Different contexts in which the operative of 'reasonableness' as test of validity operates must be kept distinguished. Some phrases which pass from one branch of law to another carry over with them meanings that may be inapposite in the changed context. Some such thing has happened to the words 'reasonable', 'reasonableness' etc. The reasonableness in administrative law must distinguish between proper use and improper abuse of power. The administrative law test of 'reasonableness' as the touchstone of validity of the impugned resolutions is different from the test of the 'reasonable man' familiar to the law of torts, whom English law figuratively identifies as the 'man on the Clapham omnibus'. In the latter case the standards of the 'reasonable ...
Sapinda
Sapinda, (i) sapinda relationship, with reference to any person extends as far as the third generation (inclusive) in the line of ascent through the mother, and the fifth (inclusive) in the line of ascent through the father, the line being traced upwards in each case from the person concerned, who is to be counted as the first generation.(ii) two persons are said to be 'sapindas' of each other if one is a lineal ascendant of the other within the limits of sapinda relationship, or if they have a common lineal ascendant who is within the limits of sapinda relationship with reference to each of them. [Hindu Marriage Act, 1955, s. 3 (f)]The expression 'sapinda' is peculiar to traditional Hindu Law and it would be altogether inapposite in the context of citizens of Muslim or Christian faith, Jagat Singh v. Karan Singh, AIR 1987 SC 1279 (1280): (1981) 2 SCC 349. [Tehri Garhwal Bhumi Sambhandi Adikar Niyam, s. 6(4)]...
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