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Juristic Person - Law Dictionary Search Results

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Juristic person

Juristic person, is not roped in any defined circle, with the changing thoughts, changing needs of the society, fresh juristic personalities were created from time to time, (Analytical and Historical Jurisprudence, 3rd Edn., p. 357).Juristic person, the very words 'juristic person' connote recognition of an entity to be in law a person which otherwise it is not. In other words, it is not an individual natural person but an artifi-cially created person which is to be recognised to be in law as such, Shiromani Gurudwara Prabhandhak Committee v. Som Nath Dass, (2000) 4 SCC 146: AIR 2000 SC 1421 (1427)....


juristic person

juristic person : juridical person ...


Inter-vivos

Inter-vivos, the words 'inter vivos' in the context of s. 394 of the Companies Act would include within their meaning also a transfer between two 'juristic persons' or a transfer to which a 'juristic person' is one of the parties. Where any property passes by conveyance, the transaction would be said to be inter vivos as distinguished from a case of succession or devise, Hindustan Lever v. State of Maharashtra, (2004) 9 SCC 438 (460), Companies Act s. 394. (Transfer of Property Act, 1882, s. 5)Means 'between the living from one living person to another. Where property passes by conveyance, the transaction is said to be inter vivos, to distinguish it from a case of succession or devise, Saroj Rani v. State of Punjab, (1999) 6 SCC 632....


Personality of laws

Personality of laws. By the personality of laws, foreign jurists generally mean all laws concerning the condition, state, and capacity of persons; by the reality of laws, all laws which concern property of things; qu' ad rem spectant. Whenever they wish to express that the operation of a law is universal, they compendiously announce that it is a personal statute; and whenever, on the other hand, they wish to express that its operation is confined to the country of its origin, they simply declare it to be a real statute, Story's Confl. Of Laws, 8th Edn. p. 20....


Personal liberty

Personal liberty, in Art. 21 of the Constitution of India takes in the right of locomotion and to travel abroad and no person can be deprived of his right to travel except according to procedure established by law, Satwant Singh v. A.P.O., New Delhi, AIR 1967 SC 1836.In England right to personal liberty means in substance a person's right not to be subjected to imprisonment, arrest or physical coercion in any manner that does not admit of legal justification; secured by the strict maintenance of the principle that no man can be arrested or imprisoned except in due course of law, Introduction to the Study of the Law of the Constitution, A.V. Dicey, 2003, pp. 207, 208.Means in ordinary language liberty relating to or concerning the person or body of the individual and personal liberty in this sense is the antitheses of physical restraint or coercion. 'Personal liberty means right not be subjected to imprisonment, arrest or other physical coercion in any manner that does not admit of lega...


Habitatio

Habitatio. The nature of this personal servitude is not obvious. Some jurists confound it with the right to use a house; but Justinian declares it to be quite distinct both from the jus utendi and the jus fruendi. For whilst the jus utendi is one and entire, the habitatio is a series of rights arising from day to day, so that in bequeathing it you make a separate bequest, in fact, for each day; hence, also, it was not extinguished by non-user. justinian added the further distinction, that it might be let, Cum. C.L. 95, and Sand Just....


Jus

Jus, law, right, equity, authority, and rule.A Roman 'magistratus' generally did not investigate the facts in dispute in such matters as were brought before him; he appointed a judex for that purpose, and gave him instructions. Accordingly, the whole procedure was expressed by the two phrases Jus and Judicium; of which the former comprehended all that took place before the magistratus (in jure), and the latter all that took place before the judex (in judicio). Originally, even the magistratus was called judex, as, for instance, the consul and pr'tor (Liv. iii. 55); and under the empire the term 'judex' often designated the pr'ses, Smith's Dict. of Antiq.All law jus) is distributed into two parts--Jus Gentium and Jus Civile--and the whole body of law peculiar to any state is its Jus Civile (Cic. De Orat. I. 44). The Roman Law, therefore, which is peculiar to the Roman state, is its Jus Civile, sometimes called Jus Civile Romanorum, but more frequently designated by the term Jus Civile o...


Lifting the corporate veil

Lifting the corporate veil, it is true from juristic point of view the company is legal personality entirely distinct from its members and the company is capable of enjoying rights and being subjected to duties which are not the same as those enjoyed or borne by its members, but in certain exceptional cases the Court it entitled to lift the veil of corporate entity and to pay regard to the economic realities behind the legal facade, Jaggilal v. I.T.O., AIR 1969 SC 932: (1969) 1 SCR 988....


Possessio

Possessio, in its primary sense, is the condition or power by virtue of which a man has such a mastery over a corporeal thing as to deal with it at his pleasure, and to exclude other persons from meddling with it. This condition or power is detention; and it lies at the bottom of all legal senses of the word 'possession.' This possession is no legal state or condition, but it may be the source of rights, and it then becomes possessio in a juristical or legal sense. Still, even in this sense it is not in any way to be confounded with property (proprietas). A man may have the juristical possession of a thing without being the proprietor, and a man may be the proprietor of a thing without having the juristical possession of it, and consequently without having the detention of it (Dig. 41, tit. 2, s. 12). Ownership is the legal capacity to operate on a thing according to a man's pleasure, and to exclude everybody else from doing so. Possession, in the sense of detention, is the actual exer...


Institutions

Institutions. It was the object of Justinian to comprise in his Code and Digest, or Pandects, a complete body of law. But these works were not adapted to the purposes of elementary instruction, and the writings of the ancient jurists were no longer allowed to have any authority, except so far as they had been incorporated in the digest, Smith's Dict. of Antiq. It was therefore necessary to prepare an elementary treatise, and the Institutes were published a month before the Pandects, A.D. 533, and designed as an elementary introduction to legal study (legum cunabula). The work was divided into four books, subdivided into titles.The Institutes are the elements of the Roman Law, and were composed at the command of the Emperor Justinian, by Trebonian, Dorotheus, and The ophilus, who took them from the writings of the ancient lawyers, and chiefly from those of Gaius especially from his Institutes and his books called Aureorum (i.e., of important matters).The Institutes are divided into four...


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