Intent To Use - Law Dictionary Search Results
Home Dictionary Name: intent to use Page: 5Resulting use
Resulting use, an implied use.A resulting use arose where the legal seisin was transferred, and no use was expressly declared, nor any consideration nor evidence of intent to direct the use; the use then remained in the original grantor, for it cannot be supposed that the estate was intended to be given away, and the statute immediately transferred the legal estate to such resulting use. The Statute of Uses has been repealed by the Law of Property Act, 1925...
Aggravated assaults
Aggravated assaults, 'Aggravated' means aggravated in respect of violence, not by reason of indecency, R. v. Baker, (1876) 46 LJ Ex 75; on females or boys under fourteen, see (English) Offences against the Person Act, 1861, s. 43, which allows two justices, 'if the assault or battery is of such an aggravated nature that it cannot in their opinion be sufficiently punished under the provisions of s. 42 as to common assaults and batteries,' to give a convicted offender six months' imprisonment with hard labour or to fine him up to 20l. including costs (the maximum punishment for a common assault being two months' imprisonment, or a fine up to 5l.) and to bind him over to keep the peace. (English) Criminal Justice Act, 1925 (c. 86), s. 39 (2), has increased the fine up to 50l., not including costs.Means the criminal assault accompanied by circumstances that make it more severe, such as the use of a deadly weapon, the intent to commit another crime, or the intent to cause serious bodily har...
Women's modesty
Women's modesty, the essence of a woman's modesty is her sex. The modesty of an adult female is writ large on her body. Young or old, intelligent or imbecile, awake or sleeping, the woman possesses a modesty capable of being outraged. Whoever uses criminal force to her with intent to outrage her modesty commits an offence punishable under s. 354. The culpable intention of the accused is the crux of the matter. The reaction of the woman is very relevant, but its absence is not always decisive, as for example, when the accused with a corrupt mind stealthily touches the flesh of a sleeping woman. She may be an idiot, she may be under the spell of anaesthesia, she may be sleeping, she may be unable to appreciate the significance of the act: nevertheless, the offender is punishable under the section, State of Punjab v. Major Singh, AIR 1967 SC 63 (68): 1966 Supp SCR 286....
preamble
preamble [Middle French preambule, from Medieval Latin preambulum, from Late Latin, neuter of preambulus walking in front of, from Latin prae- + ambulare to walk] : an introductory statement (as to a contract) ;esp : the introductory part of a constitution or statute that usually states the reasons for and intent of the law NOTE: While preambles do not state law and therefore are not judicially enforceable, they are used to determine legislative intent when interpreting statutes. ...
Infamous crime
Infamous crime. Sending any letter threatening to accuse another of an 'infamous crime,' whether the receiver be innocent or not, with intent to extort money, may be punished up to penal servitude for life by s. 46 of the (English) Larceny Act, 1861 (24 & 25 Vict. c. 96), which defines an infamous crime within the enactment as sodomy, or bestiality, or assault with intent or attempt to commit, or induce-ment to commit or permit, such crime. This section is repealed by the Larceny Act, 1916, which substantially re-enacts this section without the use of the words 'infamous crime' (s. 29).'...
practical construction
practical construction 1 : the interpretation of the terms of a contract as shown by the performance of the parties that may be used by the court to help determine the intent of the parties ;also : the doctrine that permits such a method of discerning intent compare course of performance 2 : interpretation of a statute or document in a manner that does not defeat its purpose esp. when a strict interpretation would produce clearly unintended or absurd results ...
Penalty
Penalty, is a liability under the taxing statute, Khemka & Co. v. State of Maharashtra, AIR 1975 SC 1549.Penalty, is legal or official punishment such as a term of imprisonment, N.K. Jain v. C.K. Shah, AIR 1991 SC 1289. [Employees' Provident Fund Act, 1952, s. 14]Means recovery of an amount as a penal measure in civil proceedings, or an exaction which is not compensatory in character, Jagjit Cotton Textile Mills v. Chief Commercial Superintendent, N.R., (1998) 5 SCC 126.1. A sum agreed to be paid on non-performance of the condition of a bond. See BOND.2. A sum agreed to be paid on breach of an agreement or any stipulation of it. See LIQUIDATED DAMAGES, and NOMINE PEN'. The fact that the parties state expressly in their contract that the sum named is 'liquidated damages' will not prevent the Court from deciding that it is a penalty. 'The cases upon the subject of penalty or liquidated damages are very numerous. The result of them seems to be this, that what the Courts look at is the rea...
fault
fault [Anglo-French faute lack, failing, ultimately from Latin fallere to deceive, disappoint] 1 : a usually intentional act forbidden by law ;also : a usually intentional omission to do something (as to exercise due care) required by law see also negligence compare no-fault strict liability at liability NOTE: Sometimes when fault is used in legal contexts it includes negligence, sometimes it is considered synonymous with negligence, and sometimes it is distinguished from negligence. Fault and negligence are the usual bases for liability in the law of torts. 2 : responsibility for an act or omission that causes damage or injury to another [relative degrees of ] see also comparative fault at fault : liable or responsible based on fault [was not at fault] ...
Trout
Trout. The (English) Salmon and Freshwater Fisheries Act, 1923, consolidates and amends the enactments relating to salmon and trout and freshwater fisheries in England and Wales. Sects. 1 and 2 prohibit the use of a light, otter lath, or jack, wire or snare, spear, gaff, strokehaul, snatch or the like, or stone or other missile, or roe for catching or killing salmon, trout, or freshwater fish. A gaff or tailer may, however, be used as an auxiliary to angling with a rod and line. No explosive or noxious material must be used with intent to take or destroy fish in any waters (s. 9). Sect. 31 provides that -31.-(1) No person shall fish for, take, kill or attempt to take or kill trout-(a) Except with a rod and line, during the annual close season for trout; or(b) with a rod and line during the annual trout close season for rod and line; or(c) except with a rod and line, during the weekly close time for trout. (3) The annual close season for trout shall in any place in which a period has be...
Charged with and tried for an offence
Charged with and tried for an offence, The words 'charged with and tried for an offence' mean that there are accusations and allegations against the person. The words 'charged with' are used in s. 5(1)(a) of the Criminal Law Amendment (Amending) Act, 1966 in contra-distinction to the words 'charges have already been framed' in s. 5(1)(b) of the Act. Therefore the use of separate words in the two separate cls. (a) and (b) is significant to indicate that the statute speaks of the words 'charged with' in cl. (a) not in the sense of 'charges have been framed' in cl. (b). The legislative intent is abundantly clear from the use of separate words. Ss. 251, 251A, 252, 253 and 254 of the Cr PC provided that the Magistrate may discharge the accused where the charge against the accused appears to be groundless indicates that the words 'charged with' cannot be said to mean framing of a charge, Lt. Col. S.K. Kashyap v. State of Rajasthan, AIR 1971 SC 1120 (1129): (1971) 2 SCC 126....
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