Inasmuch - Law Dictionary Search Results
Home Dictionary Name: inasmuchInasmuch
In like degree in like manner seeing that considering that since followed by as See In as much as under In prep...
Insomuch
So to such a degree in such wise followed by that or as and formerly sometimes by both Cf Inasmuch...
Attornment
Attornment [fr. tourner, Fr., to turn], the acknowledgement of a new lord on the alienation of land, and the assent or agreement of the tenant to attorn, as 'I become tenant to the purchaser.'-Co. Litt. 309. By s. 151 of the (English) Law of Property Act, 1925, replacing 4 Anne, c. 16, ss. 9, 10, all grants and conveyances of lands, rents, reversions, etc., are good without the attornment of the tenants, but notice of the grants must be given to the tenants, before which they are not prejudiced by the payment of any rent to the grantor, or breach of the condition for non-payment, and by the same section of the (English) Act of 1925, replacing the (English) Distress for Rent Act, 1737 (11 Geo. 2, c. 19), s. 11, attornments made by tenants to strangers claiming title to the estate of their landlord are null and void, and their landlord's possession is not affected thereby, except as provided by s. 151, ibid.The 'Attornment Clause' in a deed of mortgage is a clause whereby, for better sec...
Calendar
Calendar [fr. Calendarium, Lat.; fr. Calend', the first day in the month in Roman reckoning], the order and series of months, together with the festivals and fasts, which make up the year. There are two modes of computing time-by the annual course of the sun, and by the periodical revolutions of the moon. The solar year consists of 365 days, 5 hours, 48', 45', 30'; the lunar year of 354 days, 3 hours, 48', 38', 12'. The Mohammedans adopt the lunar year. The solar year, calculated by the ancient Egyptians, has undergone various corrections and denominations.The chief of the calendars now in use are the three following: (1) The Julian, so called because Julius C'sar introduced into the Roman Empire the solar or Egyptian year, instead of the lunar year. The Russians and Greeks are the only nations that now use the Julian year. The common Julian year consists of 365 days, and the bissextile or leap-year (see that title), which returns every four years, of 366 days. This computation is faul...
Capias ad satisfaciendum
Capias ad satisfaciendum (that you take to satisfy); called in practice a ca. sa. A writ of execution of the highest nature, inasmuch as it deprived a person of liberty, till the satisfaction awarded be made. The writ was addressed to the sheriff, commanding him to take the body of the defendant and have him at Westminster on a day therein named, or immediately after the execution of the writ, to make the plaintiff satisfaction for his demand, or remain in custody till he did. The general rule was that any person might be arrested under this writ who was not privileged from being held to bail under a capias ad respondendum. By 7 & 8 Vict. c. 96, s. 57, this kind of execution was abolished 'in any action for the recovery of any debt wherein the sum recovered shall not exceed 20l. exclusive of the costs recovered by such judgment,' and by the (English) Debtors Act, 1869, (32 & 33 Vict c. 62), in any action whatever, unless the defendant could, but would not, pay. See IMPRISONMENT FOR DEB...
Consideration
Consideration. Any act of the promisee (the person claiming the benefit of an obligation) from which the promisor (the person burdened with the obligation) or a stranger derives a benefit or advantage, or any labour detriment or inconvenience sustained or suffered by the promisee at the request, express or implied, of the promisor. See Laythoarp v. Bryant, 3 Scott 250; 2 Wms. Saund 137 h; Currie v. Misa, (1875) LR 10 Exch 153.Consideration is one of the facts which the courts require as evidence of intention, (a) that a person intends his promise to be binding on him, or (b) that he intends to divest himself of a beneficial interest in property. In its widest sense consideration is the price, motive or inducement for a promise or for a transfer of property from one person to another. The nature or quality of the consideration which will be sufficient for these purposes varies with the nature of the transaction and in the absence of consideration the Courts will, except in the case of s...
Contract of agency and contract of sale
Contract of agency and contract of sale, a contract of agency, differs essentially from a contract of sale inasmuch as an agent after taking delivery of the property does not sell it as his own property but sells the same as the property of the principal and under his instructions and directions. Furthermore, since the agent is not the owner of the goods, if any loss is suffered by the agent he is to be indemnified by the principal, Bhopal Sugar Industries Ltd. v. S.T.O, (1977) 3 SCC 147 (151). [Sate of Goods Act, 1930, s. 4]...
Domicile and residence
Domicile and residence, etymologically, 'residence' and 'domicile' carry the same meaning, inasmuch as both refer to the permanent home, but under Private International Law, 'domicile' carries a little different sense and exhibits many facets. In spite of having a permanent home, a person may have a commercial, a political or forensic domicile. 'Domicile' may also take many colours; it may be domicile of origin, domicile of choice, domicile by operation of law or domicile of dependence. In Private International Law domicile' jurisprudentially has a different concept altogether, Union of India v. Dudh Nath Pandey, AIR 2000 SC 525 (532): (2002) 2 SCC 20.In spite of having a permanent home, a person may have a commercial, a political or a forensic domicil, Union of India v. Dudh Nath Prasad, (2000) 2 SCC 20.It means a person must have a permanant home in Chandigarh or he has been there for years with the intention to live there permanently or indefinitely, Chandigarh Housing Board v. Gurm...
Donatio mortis causa
Donatio mortis causa, a gift of personal property in prospect of death; a death-bed disposition; an inchoate gift of personalty consummated by the giver's death.It is derived from the Civil Law; Justinian's Inst. Lib. 2, tit. 7, shows its nature. To render this kind of gift valid, it (1) must be made by the giver, when ill, in anticipation of his death; (2) must be intended to take effect only upon his death by his existing illness, for his recovery from that illness, or his subsequent personal revocation of the gift, as by resuming its possession, will defeat it; and (3) a traditio or delivery, either actual or symbolical, of the subject of the gift, or of the instrument which represents it, must be made to the donee, either for his own use, or upon trust for another person, or for a particular purpose. The gift of a cheque upon the donor's banker is not good as a donatio mortis causa, because it is a gift which can only be made effectual by obtaining payment of it in the donor's life...
Entitled to apply again
Entitled to apply again, is given its literal meaning, it would defeat the very object for which the legislature has incorporated that proviso in the Act inasmuch as the object of that proviso can be defeated by a landlord who has more than one tenanted premises by filing multiple applications simultaneously for eviction and there after obtaining possession of all those premises without the bar of the proviso being applicable to him, Molar Mal v. Kay Iron Works (P) Ltd., (2004) 4 SC 285....
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