Just Title - Law Dictionary Search Results
Home Dictionary Name: just titlejust title
just title see title ...
title
title [Anglo-French, inscription, legal right, from Old French, from Latin titulum inscription, chapter heading, part of the law that sanctions an action] 1 a : the means or right by which one owns or possesses property ;broadly : the quality of ownership as determined by a body of facts and events after-acquired title : title that vests automatically in a grantee when acquired by a grantor who purported to sell the property before acquiring title ;also : a doctrine that requires such vesting compare estoppel by deed at estoppel NOTE: The doctrine of after-acquired title generally does not apply when the grantor receives title by quitclaim deed; to vest title in the grantee the deed must include words expressing such an intention. clear title : title that exists free of claims or encumbrances on the property [had clear title to the farm] ;broadly : marketable title in this entry equitable title : title vested in one who is considered by the application of equitable principl...
Title
Title, means the union of all elements (as ownership possession, and custody) constituting the legal right to control and dispose of property; the legal link between a person who owns property and the property itself, Black's Law Dictionary, 7th Edn., p. 1493.Title: 1, a general head, comprising particulars, as in a book; 2, an appellation of honour or dignity; 3, the means whereby the owner of lands has the just possession of his property--titulus est justa causa pos sidendi id quod nostrum est: Co. Litt. 345b.1. The union of all elements (as ownership, possession, and custody) constituting the legal right to central and dispose of property; the2. Legal evidence of a person's ownership rights in property; an chastenment (such as a deed) that constitute such evidence3. The heading of a statute or other legal document, Black's Law Dictionary, 7th Edn.There are several stages and degrees requisite to form a complete title to lands and tenements.1. The lowest and most imperfect degree of ...
prescription
prescription [partly from Middle French prescription establishment of a claim, from Late Latin praescription- praescriptio, from Latin, act of writing at the beginning, order, from praescribere to write at the beginning, dictate, order; partly from Latin praescription- praescriptio order] 1 : acquisition of an interest (as an easement) in real property that is usually less than a fee by long-term, continuous, open, and hostile use and possession as determined by the law of a jurisdiction [gained title by ] see also easement by prescription at easement compare adverse possession at possession 2 in the civil law of Louisiana a : the running of a period of time set by law after which a right is unenforceable in Louisiana courts but may be enforced in another state forum [an interruption of ] [by the of ten years] ;also : the bar to an action that results from prescription see also peremptory exception compare peremption b : the creation of a right by the running of a period of time...
Just
Just, the expression 'just' denotes equitability, fairness and reasonableness, and non arbitrary. If it is not so it cannot be just (See Helen C. Rebello v. Maharashtra State Road Transport Corporation, AIR 1998 SC 3191), Divisional Controller KSTRC v. Mahadeva Shetty, AIR 2003 SC 4172 (4177): (2003) 7 SCC 197. (Motor Vehicles Act, 1988, s. 163A and Schedule II)The word 'just' as its nomenclature, denotes equit-ability, fairness and reasonableness having large peripheral field. The largeness is, of course, not arbitrary; it is restricted by the conscience which is fair, reasonable and equitable, if it exceeds; it is termed as unfair, unreasonable, inequitable not just. In Law Lexicon, 5th Edn., by T.P. Mukherjee 'Just' is described:The term just' is derived from the latin word Justus. It has various meanings and its meaning is often governed by the context. 'Just' may apply in nearly all of its senses, either to ethics or law, denoting something which is morally right and fair and some...
Just and equitable
Just and equitable, are a recognition of the fact that a limited company is more than a mere legal entity with a personality in law of its own: that there is room in company law for recognition of the fact that behind it, or amongst it, there are individuals, with rights, expectation and obligation inter se which are not necessarily submerged in the company structure. A. Company H.L.(E) (in re:), (1999) 1 WLR 1092.Just and equitable, the principle of 'just and equitable' clause baffles a precise definition. It must rest with the judicial discretion of the court depending upon the facts and circumstances of each case. These are necessarily equitable considerations and may, in a given case, be super imposed on law. Whether it would be so done in a particular case cannot be put in the straitjacket of an inflexible formula, Hind Overseas Private Limited v. Raghunath Prasad Jhunljunwalla, AIR 1976 SC 565 (574): (1976) 3 SCC 259: (1976) 2 SCR 226.The words 'just and equitable' which occur in...
Just ground
Just ground, by the Code of Criminal Procedure (Amendment) Act No. 9 of 1949 an additional provision was added after the proviso which may be extracted thus: If a husband has contracted marriage with another wife or keeps a mistress it shall be considered to be just ground for his wife's refusal to live with him. The object of introducing this provision was clearly to widen the scope and ambit of the term 'just ground' mentioned in the proviso. This provision is not exhaustive but purely illustrative and self-explanatory and takes within its fold not only the two instances mentioned therein but other circumstances also of a like or similar nature which may be regarded by the Magistrate as a just ground by the wife for refusing to live with her husband. Under the Code of 1973, this provision has been incorporated as Explanation to the second proviso to sub-s. (3) of s. 125, Sirajmohmedkhan Janmohamadkhan v. Hafizu-nnisa Yasinkhan, AIR 1981 SC 1972: (1981) 4 SCC 250. If a husband has con...
Justness
The quality of being just conformity to truth propriety accuracy exactness and the like justice reasonableness fairness equity as justness of proportions the justness of a description or representation the justness of a cause...
just
just [Latin justus lawful, merited, from jus right, law] : conforming to law or to the underlying principles of law: as a : conforming to reason or a standard of correctness [ sanctions cannot be excessive in relation to the offense] b : conforming with what is deemed fair or good [the award of attorney's fees was ] [the application of this rule retroactively is not ] just·ly adv just·ness n ...
Legally and Justly due
Legally and Justly due, the expression 'legally and justly due' must, mean that before a claim is recognised by the Claims Officer he must be satisfied that the principal amount covered by that claim is 'legally and justly due', i.e., that such a claim, if sought to be enforced in a Court of Judicial Tribunal, will find recognition on the basis that it does not suffer from any legal infirmity, India and General Investment Trust Ltd. v. Purna Chandra Mardaraj Rao, AIR 1967 SC 1251 (1256): (1967) 2 SCR 245. [Orissa Estates Abolition Act, (1 of 1952), s. 20(1)]...
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial