Inquiry Notice - Law Dictionary Search Results
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inquiry notice : implied notice at notice ...
notice
notice 1 a : a notification or communication of a fact, claim, demand, or proceeding see also process, service NOTE: The requirements of when, how, and what notice must be given to a person are often prescribed by a statute, rule, or contract. b : awareness of such a fact, claim, demand, or proceeding actual notice 1 : actual awareness or direct notification of a specific fact, demand, claim, or proceeding [had actual notice of the meeting] called also express notice 2 : implied notice in this entry constructive notice : notice that one exercising ordinary care and diligence as a matter of duty would possess and esp. that is imputed by law rather than from fact [held to have constructive notice of the prior recorded deed] compare recording act express notice : actual notice in this entry implied notice : notice that is imputed to a party having knowledge of a fact or circumstance that would cause a reasonable party to inquire further or having possession of a means of know...
Notice
Notice, the making something known to a person of which he was or might be ignorant. Notice is either (1) statutory; (2) actual, which brings the knowledge of a fact directly home to the party; or (3) constructive or implied, which is no more than evidence of facts which raise such a strong presumption of notice that equity will not allow the presumption to be rebutted. [S. 154, I.P.C. and Art. 61(2)(a) const. 56 Indian Evidence Act]Constructive notice may be subdivided into: (a) where the facts of which actual evidence is supplied give rise to a further enquiry which a man exercising ordinary caution would make equity has added constructive notice of the facts, which that inquiry would have elicited; and (b) where there has been a designed abstinence from inquiry for the very purpose of avoiding notice. See CONSTRUCTIVE NOTICE.A purchaser with notice may protect himself by purchasing the title of another bona fide purchaser for a valuable consideration without notice; for, otherwise, ...
Constructive notice
Constructive notice. The knowledge which is imputed to a party: (a) if he omits to make the usual and proper inquiry into the title of property which he has purchased; (b) if he omits to investigate some fact which has been brought to his notice suggesting the existence of such title or claim; (c) if he deliberately refrains from inquiry in order to avoid notice. See Halsbury, L.E., vol. 13, and the person affected with constructive notice takes, if at all, subject to the title or claim, whether he knew of it or not; for instance, a purchaser of land who is satisfied to take a shorter title than he could call for by statute is affected by notice of all trusts and equities of which he would have had notice if he had seen the full title. See Cox and Neve's Contract, (1891) 2 Ch 109; Patman v. Harland, (1881) 17 CD 353 illustrates the doctrine. It was there held that: (a) notice of a material document is notice of its contents, and (b) although the (English) Vendor and Purchaser Act, 1874...
Notice of accident
Notice of accident. The (English) Notice of Accidents Act, 1906, requires annual returns and notices of accidents in mines and quarries to be given, and in the case of accidents in factories and workshops notice must be sent to the district inspector, and also in certain events to the certifying surgeon of the district. In the case of mines, however, provision for notice is now made by the (English) Coal Mines Act, 1911, Part IV. see CERTIFYING SURGEON; COAL MINES. Notice of accident must be in writing when given under s. 4 of the Employers Liability Act, 1880 [Keen v. Millwall Dock Co., (1882) 8 QBD 482]; or under s. 2 (1) of the (English) Workmen's Compensation Act, 1906 [see now (English) Workmen's Compensation Act, 1925, s. 14] [Hughes v. Coed Talon Co., (1909) 1 KB 957]; or under the (English) Coal Mines Act, 1911; notice of road accident by motor vehicle, see (English) Road Traffic Act, 1930, s. 22. (English) Notice of Accidents Act, 1894 (c. 28), provides for notice of and inqui...
inquiry
inquiry pl: -ries 1 : a request for information [such doubt as would cause a reasonable person to make an ] 2 : a systematic official investigation often of a matter of public interest esp. by a body (as a legislative committee) with power to compel testimony on inquiry : having notice that inquiry should be made ...
Inquiries
Inquiries. Under the Tribunals of Inquiry (Evidence) Act, 1921 (11 Geo. 5, c. 7), upon resolution by both Houses of Parliament, His Majesty or a Secretary of State may appoint a tribunal with all the powers of the High Court, or in Scotland the Court of Session, to inquire into a definite matter of urgent public importance under various statutes. Departmental inquiries may or must in certain circumstances be instituted, e.g., inquiries under the Factory, Local Government, Merchant Shipping (Wreck Inquiries), Housing, Town and Country Planning, Road Traffic and other Acts.The term 'inquiries', as used in Item 94 of List I and Item 45 of List III, without any limitations upon their nature or specification of their character or objects, is wide enough to embrace every kind of inquiry, State of Karnataka v. Union of India, AIR 1978 SC 68: (1978) 2 SCR 1: (1977) 4 SCC 608....
Trial, inquiry
Trial, inquiry, the word 'trial' is not defined either in the Code or in the Act it is clearly distinguishable from inquiry. The word 'inquiry' is defined in s. 2(g) of the Code as 'every inquiry, other than a trial, conducted under this Code by a Magistrate or court.' So the trial is distinct from inquiry and inquiry must always be a forerunner to the trial, Moly v. State of Kerala, (2004) 4 SCC 584 (587). [Criminal PC, 1973, s. 2(g)]...
Inquiry trial
Inquiry trial, The word 'inquiry' is defined in s. 2(g) of the Code as 'every inquiry, other than a trial, conducted under this Code by a Magistrate or court.' The trial is distinct from inquiry and inquiry must always be a forerunner to the trial, Moly v. State of Karnataka, (2004) 4 SCC 584 (587). [Criminal Procedure Code, 1973, s. 2(g)]...
Inquiry, writ of
Inquiry, writ of. This is a writ addressed to the sheriff of the county in which the venue is laid, stating the proceedings in an action, and 'because it is unknown what damages the plaintiff has sustained,' commanding the sheriff that, by the oath of twelve men of his county, he diligently inquire into the same, and return the inquisition into court. The writ is necessary after an interlocutory judgment, the defendant having let judgment go by default, to ascertain the quantum of damages.By (English) R.S.C.1883, Ord. XIII., r. 5, it is provided that where the defendant fails to appear and the plaintiff's claim is for detention of goods and damages, or either of them, interlocutory judgment may be entered, and a writ of inquiry shall issue to assess the value of the goods and the damages, or the damages only, as the case may be; see also Ord. XXXVI., r. 57. By Ord. XXXIII., r. 2, the Court or a judge may at any stage of the proceedings in a cause or matter direct any necessary inquirie...
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