Lata - Law Dictionary Search Results
Home Dictionary Name: lataCulpa lata dolo 'quiparatur
Culpa lata dolo 'quiparatur.-(Gross negligence is held equivalent to intentional wrong.) In cases of fraud, a grossly negligent omission to ascertain whether a statement is true or not, i.e., an untrue statement made with a reckless disregard of its truth or the revrse is evidence of fraud. See Derry v. Peek, (1889) 14 AC 337, and FRAUD....
Lata culpa dolo 'quiparatur
Lata culpa dolo 'quiparatur (gross negligence is tantamount to fraud). It has been said that this maxim does not hold in English law; negligence, however great, does not of itself constitute fraud [Le Lievre v. Gould, (1893) 1 QB 498, per Lord Esher, M.R.], but a statement made with a reckless disregard of its truth or untruth has the same effect as a statement which is wilfully untrue....
Lata
A convulsive tic or hysteric neurosis prevalent among Malays similar to or identical with miryachit and jumping disease the person affected performing various involuntary actions and making rapid inarticulate ejaculations in imitation of the actions and words of another person...
Culpa
Culpa, an act of neglect, causing damage, but not implying an ntentto injure, of which the Roman jurists recognized two: (1) Culpa lata, culta latior, magna culpa, gross neglect, treated very much like fraud; culpa magna dolus est, dolo proxima. (2) Culpa, without any epithet, or omnis culpa, culpa levis,levior; or levissima, slight neglect, Cum.Civ. Law, 279; Snad. Just....
Mainly
Mainly, 'mainly' should be interpreted as 'solely'. 'Solely' means 'exclusively' while 'mainly' means 'substantially', but not in any case 'wholly' or 'solely'. Himachal Road Transport Corporation v. M/s. Bhanno Mull, AIR 1992 HP 37 (45). [Himachal Pradesh Urban Rent Control Act, (23 of 1971), s. 2(d)(i)]The word 'mainly', according to the ordinary plain meaning, means substantially, principally, chiefly, as far as practicable' or so far as possible, Swaran Lata v. Union of India, (1979) 3 SCC 165 (178): (1979) 2 SCR 953....
Malice
Malice [fr. malitia, Lat.], a formed design of doing mischief to another, technically called malitia pr'cogitata, or malice prepense or aforethought. It is either express, as when one with a sedate and deliberate mind and formed design kills another, which formed design is evidenced by certain circumstances discovering such intentions, as lying in wait, antecedent menaces, former grudges, and concerted schemes to do him some bodily harm; or implied, as where one wilfully poisons another; in such a deliberate act the law presumes malice, though no particular enmity can be proved. The nature of implied malice is also illustrated by the maxim, 'Culpa lata dolo 'quiparatur'-when negligence reaches a certain point it is the same as intentional wrong-'Every one must be taken to intend that which his the natural consequence of his actions'-if any one acts in exactly the same way as he would do it he bore express malice to another, he cannot be allowed to say he does not, 4 Steph. Com.'Malice ...
Marriage has been dissolved by decree of divorce
Marriage has been dissolved by decree of divorce, Phrase 'marriage has been dissolved by decree of divorce' in s. 15 of the Hindu Marriage Act, 1955 means where the relationship of marriage has been brought to an end by intervention of Court by a decree. This decree will include a decree under s. 11, 12 or 13, Lata Kamat v. Vilas AIR 1989 SC 1477 (1481): (1989) 2 SCC 613: (1989) 2 SCR 137. [Hindu Marriage Act, 1955, s. 15]...
May be detained
May be detained, According to the Shorter Oxford English Dictionary, Volume 1, page 531, the word 'detain' means 'to keep in confinement or custody'. Webster's Comprehensive Dictionary, International Edition, at page 349, gives the meaning as to hold in custody, Poonam Lata v. M.L. Wadhawan, AIR 1987 SC 1383: (1987) 3 SCC 347: (1987) 2 SCR 1123.(ii) The words 'may be detained' are words enabling the authority to detain without a board's opinion for the period there provided for, but are not words giving a choice to the authority to apply s. 17A(a) of the Maintenance of Internal Security Act, 1971 or not, Sambhu Nath Sarkar v. State of West Bengal, AIR 1973 SC 1425: (1973) 1 SCC 856: (1974) 1 SCR 1....
Negligence
Negligence, acting carelessly, a question of law or fact or of mixed fact and law, depending entirely upon the nature of a duty, which the person charged with negligence has failed to comply with or perform in the particular circumstance of each case. A very convenient classification has been formulated corresponding to the degree of negligence entailing liability measured by the degree of care undertaken or required in each case, i.e., (1) ordinary, which is the want of ordinary diligence; (2) slight, the want of great diligence; and (3) gross, the want of slight diligence. A smaller degree of negligence will render a person liable for injury to infants than in the case of adults, see Cooke v. Midland Great Western Railway, 1909 AC 229; and Glasgow Corporation v. Taylor, (1922) 1 AC 44. There is also a peculiar duty to take precaution in the case of dangerous Articles, see Dominion Natural Gas Co. v. Collins, 1909 AC 640. This case should be distinguished from the principle in Fletche...
Parole
Parole is not a suspension of sentence, but is a substitution, during continuance of parole, of lower grade of punishment by confinement in legal custody and under control of warden within specified prison bounds outside the prison, for confinement within the prison adjudged by the court, Jenkins v. Madigan CA Ind, 211 F 2d 904.A parole relates to executive action taken after the door has been closed on a convict. During parole period there is no suspension of sentence but sentence is actually continuing to run during that period also, State of Haryana v. Nauratta Singh, AIR 2000 SC 1179 (1182): (2002) 3 SCC 514. (Criminal PC, 1973, ss. 432, 433A, 389, 482)The promise made by a prisoner of war, when he has leave to go anywhere, to return at a time appointed, or not to take up arms till exchanged.Release on parole is a wing of the reformative process and is expected to provide opportunity to the prisoner to transform himself into a useful citizen. It is also an act of grace and not a ma...
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