Intention And Knowledge - Law Dictionary Search Results
presumption
presumption in this entry presumption of fact : a presumption founded on a previous experience or on general knowledge of a connection between a known fact and one inferred from it presumption of innocence : a rebuttable … a criminal action imposing on the prosecution the burden of proving guilt beyond a reasonable doubt presumption of intent : a permissive presumption that if a criminal defendant committed an act it was his or her intent
Fraud
fraud may be described as an infraction of the rules of fair dealing. For the action at law intention and representation (q.v.) are material. In equity an act or its consequences to the person aggrieved may be of … making him believe it to be true. The representation to become fraudulent must be of the fact with knowledge that it was false. In a leading English case, Derry v. Peek, (1886-90) All ER 1: (1889) 14
Service
mortgagees, and any notice affecting property required by any instrument coming into operation after 1925 unless a contrary intention appears, must be in writing and may be effected by registered letter through the post. See (English) L.P. … The formal mode of bringing a writ or other process, or a notice in a suit, to the knowledge of the person affected by it. The service of writs of summons is regulated by (English) R.S.C. 1883,
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Actus non facit reum, nisi mens sit rea.
3 Inst. 307; Co. Litt. 247 b.--(An act does not make a man guilty, unless there be guilty intention.) This is one of the most important rules of criminal law. 'As a general rule of our law, … constituting the offence and to impose penalties on the breach of the regulation either without inquiring into the knowledge or volition of the accused or leaving the onus on him of proving that he is innocent. See
good faith
she holds an honest belief in his or her right or title to the property and has no knowledge or reason to know of any defect in the title. In section 1-201 of the Uniform Commercial Code … good faith [translation of Latin bona fides] : honesty, fairness, and lawfulness of purpose : absence of any intent to defraud, act maliciously, or take unfair advantage [filed the suit in good faith] [negotiating in good faith]
Confusion, property by
make rules as to the opening and keeping by solicitors of accounts at banks for clients' money. The intention is to keep such accounts separate. The general rule, that, as against an agent who has mixed the … if one wilfully intermix his money, corn, or hay, with that of another man, without his approbation or knowledge, or cast gold in like manner into another's melting-pot or crucible, our law allows no remedy in such
False pretence, obtaining property
has no balance is not necessarily an offence, Reg. v. Hazleton, (1874) 2 CCR 134. As to guilty knowledge, see R. v. Ollis, (1900) 2 QB 758. Cheating at cards, etc., is punishable as obtaining by false … Common Law. By the Larceny Act, 1916, s. 32:- Every person who, by any false pretence: (1) with intent to defraud, obtains from any other person any chattel, money or valuable security, or causes or procures any
Occupation
for the purposes mentioned therein without using words like 'transfer' or 'alienation' is clearly indicative of the Constitution-makers' intention to restrict power of the District Council only to make laws with respect to actual use or occupation … employed as teachers or administrative staff, and an activity is carried on that results in the imparting of knowledge to the students, must necessarily be regarded as an occupation, even if there is no element of profit
Constructive notice
Constructive notice. The knowledge which is imputed to a party: (a) if he omits to make the usual and proper inquiry into … who had omitted to make the special stipulation and was bound by the prohibition in the s., had intentionally shut his eyes to the freehold title which was subject to restrictive covenants and was affected by notice
Hindu
a bare declaration that he is a Hindu sufficient to convert him to Hinduism. But a bona fide intention to be converted to the Hindu faith; accompanied by conduct unequivocally expressing that intention may be sufficient evidence … (1131): (1966) 3 SCR 242. [Constitution of India, Art 85 (2) (5)] It is a matter of common knowledge that Hinduism embraces within itself so many diverse forms of beliefs, faiths, practices and worship that it is
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