Issued - Law Dictionary Search Results
Home Dictionary Name: issuedTail after possibility of issue extinct, Tenant in
Tail after possibility of issue extinct, Tenant in. This estate arises out of a special entail as to the parentage of the issue, when the express condition has become impossible by reason of death. Thus, if an estate be granted to husband and wife, and their issue, male or female, if either of them die without issue, the survivor is tenant-in-tail after possibility of issue extinct; and even if there have been issue, yet if the issue die without issue, then the surviving parent is also such a tenant; and also if an estate be entailed upon a man and his issue from a particular wife, if she die without issue, the interest of the husband becomes reduced to a tenancy-in-tail after possibility of issue extinct. Only a donee in tail-special can become such a tenant, for if the entail be general, such a tenancy can never arise; for whilst he lives he may have issue, the law not admitting the impossibility of having children at any age. As an estate-tail is originally carved out of a fee-simpl...
issue
issue 1 pl : proceeds from a source of revenue (as an estate) [rents, s, and profits] 2 : one or more lineal descendants [died without ] compare child, heir 3 a : a vital question or problem [cited a national security ] [raised an of public safety] b : a matter of dispute between two or more parties ;specif : a single material point of fact or law in litigation that is affirmed by one side and denied by the other and that is a subject of the final determination (as by jury) of the proceedings genuine issue : an issue of fact that requires adjudication by trial rather than summary judgment because sufficient evidence exists to support a verdict for the party opposing the motion for summary judgment NOTE: The burden is on the party moving for summary judgment to show that no genuine issue is in dispute. issue of fact : a dispute about a material fact that is raised by pleadings and that must be resolved by a decision under the law in order to become res judicata issue of la...
Issue
Issue [fr. exitus, Lat.], used in several senses:-(1) The legitimate offspring of parents. The word 'issue' in a will was either a word of purchase or of limitation, as would best answer the intention of the testator; and for the effect of the word in the case of a deed, see Norton on Deeds. Now the rule in Shelley's case (q.v.), having been abolished by s. 131, in instruments made or in wills upon death after 1925, 'issue' will be construed as a word of pur-chase [(English) Law of Property Act, 1925, s. 131], and s. 130, by implication abolishes the rule in Wild's case, (1599) 6 Co Rep 16 b, 17 a (q.v.), in such cases, 2 Fonbl. Eq. 69.(2) The profits arising from lands or tenements, amerciaments, or fines.(3) Event, consequence, evacuation, sending forth.(4) The point in question, as the conclusion of the pleadings between contending parties in an action, when one side affirms and the other denies.It is provided by the present rules of pleading that the plaintiff by his reply may join...
Collateral or incidental issue
Collateral or incidental issue, a collateral or incidental issue is one that is ancillary to a direct and substantive issue; the former is an auxiliary issue and the latter the principal issue. The expression 'collaterally or incidentally' in issue implies that there is another matter which is 'directly and substantially' in issue, Sajjadanashin Sayed Md. B.E Edr v. Musa Dadabhai Ummer, (2000) 3 SCC 350: AIR 2000 SC 1238 (1243). [Civil Procedure Code 1908, s. 11]...
failure of issue
failure of issue :lack of living issue (as of a person named to take under a will) at death definite failure of issue : a failure of issue determined at a specific time set in a will (as at the death of a named taker) indefinite failure of issue : a failure of issue for which no time period is fixed in a will ...
Issued
Issued, the expression 'issued' is not used in the narrow sense of 'sent'. The dictionary meaning of the expression 'issued' takes in the entire process of sending the notice as well as the service thereof, Banarsi Debi v. Income Tax Officer, AIR 1964 SC 1742 (1745): (1964) 7 SCR 539.Issued, the word issued in the context of issue of a charge sheet merely means that the decision to initiate disciplinary proceedings is taken and translated into action by despatch of the charge-sheet leaving no doubt that the decision had been taken, Delhi Development Authority v. H.C. Khurana, AIR 1993 SC 1488 (1493)....
Issued and served
Issued and served, the expressions 'issued' and 'served' are used as interchangeable terms and in the legislative practice of our country they are sometimes used to convey the same idea. Accord-ingly, it was held that the word 'issues' was not used in the narrow sense of 'sent' but that the said expression had received, before the Indian Income-tax (Amendment) Act, 1959, a clear judicial interpretation. Subba Rao, J., as he then was, dealing with the purpose which the word 'issue' was intended to serve, after referring to Niwas v. I.T.O., (1956) 30 ITR 381 (All) cited in the judgment under attack and a Bombay decision, observed at page 108: The intention would be effectuated if the wider meaning is given to the expression 'issued'. The dictionary meaning of the expression 'issued' takes in the entire process of sending notices as well as service thereof. The said word used in s. 34(1) of the Act itself was interpreted by Courts to mean 'served', Commissioner of Wealth Tax v. Kundan Lal...
Distributive finding of the issue
Distributive finding of the issue. The jury are bound to give their verdict for that party who, upon the evidence, appears to them to have succeeded in establishing his side of the issue. But there are cases in which an issue may be found distributively; i.e., in part for plaintiff and in part for defendant. Thus, in an action for goods sold and work done, if the defendant pleaded that he never was indebted, on which issue was joined a verdict might be found for the plaintiff as to the goods, and for the defendant as to the work...
General issue
General issue, a plea simply traversing modo et forma the allegations in the declaration, as the plea of 'not guilty' in torts; 'never indebted' to money counts, or 'nunquam assumpsit' to actions on simple contract (English) C.L.P. Act, 1852, Sched. B, 37). Pleading the general issue was abolished by the (English) Judicature Acts, R.S.C. 1883, Ord. XIX., r. 4, providing that every pleading shall contain, and contain only, a statement in a summary form of the facts on which the party pleading relies; and the particular form of pleading the general issue by pleading ''not guilty by statute' (see that title) is abolished by the (English) Public Authorities Protection Act, 1893, as regards any proceeding to which that Act applies.In criminal proceedings the general issue is 'not guilty,' which is pleaded viva voce by the prisoner at the bar....
Issue (despatch)
Issue (despatch), the meaning of the word 'issued' has to be gathered from the context in which it is used. Meanings of the word 'issue' given in the Shorter Oxford English Dictionary include: 'to give exit to; to send forth, or allow to pass out; to let out; ... to give or send out authoritatively or officially; to send forth or deal out formally or publicly; to emit, put into circulation'. The issue of a charge-sheet, therefore, means its dispatch to the government servant, and this act is complete the moment steps are taken for the purpose, by framing the charge-sheet and dispatching it to the government servant, the further fact of its actual service on the govern-ment servant not being a necessary part of its requirement, Delhi Development Authority v. H.C. Khurana, (1993) 3 SCC 196: AIR 1993 SC 1488 (1493)....
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