Last Clear Chance - Law Dictionary Search Results
Home Dictionary Name: last clear chancelast clear chance
last clear chance : a doctrine in the law of negligence: the contributory negligence of a plaintiff in putting himself or herself in peril will not bar recovery from a defendant who could have avoided injuring or killing the plaintiff by the use of ordinary care called also discovered peril ...
discovered peril
discovered peril : last clear chance ...
last antecedent rule
last antecedent rule : a doctrine in the interpretation of statutes: qualifying words or phrases refer only to the last antecedent word or phrase unless the context or entire act clearly requires otherwise called also last antecedent doctrine ...
Clear days
Clear days. If a certain number of clear days be given for the doing of any act, the time is to be reckoned exclusively as well of the first day as the last. (Chit. Arch. Pr.) As to the meaning of 'clear,' generally, in deeds, wills, and other documents, see Stroud's Jud. Dict....
Chance
Chance, misfortune, accident, deficiency of will. Where a man commits an unlawful act by misfortune and chance, and not by design, his will not co-operating with the deed, such act wants one main ingredient of a crime. If an accidental mischief should follow from the performance of a lawful act, the party stands excused from all guilt; but if the act be felonious, and a consequence ensues not foreseen or intended, as the death of a man or the like, his want of foresight shall be no excuse, for, being guilty of one offence, in doing antecedently what is in itself unlawful, he is criminally guilty of whatever consequence may follow.But a very important distinction is made in such cases, viz., whether the unlawful act is als in its original nature wrong and mischivous; for a person is not answerable for the incidental consequences of an unlawful act which is merely malum prohibitum; as, where any unfortunate accident happens from an unqualified person being in pursuit of game, he is amena...
Chance witness
Chance witness, the expression chance witness is borrowed from countries where every man's home is considered his castle and everyone must have an explanation for his presence elsewhere or in another man's castle. It is quite an unsuitable expression in a country where people are less formal and more casual, Chanakya Dhibar v. State of West Bengal, (2004) 12 SCC 398. See also State of Andhra Pradesh v. K. Srinivasulu, AIR 2004 SC 3305. (Penal Code, 1860, s. 302)...
Chance, Game of
Chance, Game of, playing at, in a public place is punishable under (English) Vagrant Act Amendment Act, 1873 (36 & 37 Vict. c. 38); applied to a 'pari mutuel' - machine whereby the element of chance is added to the element of matching one horse against another-in Tollett v. Thomas, (1871) LR 6 QB 514. And see GAMING; LOTTERY....
Chance-medley
Chance-medley [fr. Chaude meslee, Fr.; fr. Chaud, hot and mislee, fray, mesler, meler, to mingle, mescolare, It. When the element chaud lost its meaning to ordinary English ears, it ws replaced by chance in accordance with the meaning of the compound, Wedgw.], a casual affray. Such killing of a person as happens either in self-defence on a sudden quarrel, or in the commission of an unlawful act without any deliberate intention of doing any mischief, 1 Hawk. P. C. c. xxx., s. 1. It is sometimes termed chaud-medley, which more properly signifies an affray in the heat of blod or passion....
Last resided
Last resided, the cognate expression 'last resided' takes colour from the word 'resides' used earlier in the sub-section. The same meaning should be given to the word 'resides' and the word 'resided', that is to say, if the word 'resides' includes temporary residence, the expression 'last resided' means the place where the person had his last temporary residence, Jagir Kaur v. Jaswant Singh, (1964) 2 SCR 73: AIR 1963 SC 1521 (1524). [Criminal Procedure Code, 1898, s. 488 (8)]...
Where he last resided with his wife
Where he last resided with his wife, the cognate expression 'last resided' takes colour from the word 'resides' used earlier in the sub-s.. The same meaning should be given to the word 'resides' and the word 'resided', that is to say, if the word 'resides' includes temporary residence, the expression 'last resided' means the place where the person had his last temporary residence, Jagir Kaur v. Jaswant Singh, AIR 1963 SC 1521 (1524): (1964) 2 SCR 73....
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