Lawful - Law Dictionary Search Results
Home Dictionary Name: lawfulLawful, Legal
Lawful, Legal, legal and litigious, Litigious and lawful possession are concepts of varying legal shades deriving their colour from the setting in which they emerge. Epithet used itself indicates the filed in which they operate. The one pertains to disputed in which possession may be coterminous with physical or de facto control, only, whereas the domain of other is control with some legal basis. The former may be uncertain in character and may even be without any basis or interest but the latter is founded on some rule, sanction or excuse. Dictionarily 'litigious' means 'disputed' (Concise Oxford Dictionary) or 'disputable' or 'marked by intention to quarrel' (Webster Third New International Dictionary), 'inviting controversy', 'relating to or marked by litigation', 'that which is the subject of law suit'. (Black's Law Dictionary) Lawful on the other hand is defined as, 'legal, warranted or authorised by law'. Jurisprudentially a person in physical control or de facto possession may h...
Lawful possession
Lawful possession, is not litigious possession and must have some foundation in a legal right to possess the property which cannot be equated with a temporary right to enforce recovery of the property in case a person is wrongfully or forcibly dispossessed from it. Juridical possession is possession protected by law against wrongful dispossession but cannot perse always be equated with lawful possession, M.C. Chockalingam v. V. Manickavasagam, AIR 1974 SC 104 (110): (1974) 1 SCC 48: (1974) 2 SCR 143. [T.N. Cinemas (Regulation) Rules, 1957, R. 13]The term 'lawful possession' as defined in the Law Lexicon, Reprint Edition, 1987, by P. Ramanatha Aiyar at p. 712 as: The term 'lawful possession' is not convertible with 'innocent possession' in legal terminology. Intent does not enter into whether an act is unlawful or tortuous, though it does as to whether it is innocent or criminal. To establish 'lawful possession'.It is absolutely necessary for a party to prove with the documents which ca...
Lawful guardian
Lawful guardian, the words 'lawful guardian' in section 361 of the Penal Code are wider than the expression 'legal guardian'. That word would mean that wherever the relationship of a guardian and a ward is established by means which are lawful and legitimate that relationship is intended to be included, State v. Ramji Vithal Chaudhari, AIR 1958 Bom 381 (384).The words 'lawful guardian' in this section include any person lawfully entrusted with the care or custody of such minor or other person, Indian Penal Code, 1860, s. 361 Expl.Lawful increase means an increase in rent permitted under the provisions of this Act. [Delhi Rent Act, 1995 (33 of 1995), s. 2(f)]...
It shall be lawful
It shall be lawful, according to s. 105(1) of the Companies Act, 1913 'It shall be lawful for a company to pay a commission to any person in consideration of his subscribing' for shares in it. The words 'it shall be lawful' are enabling words. They are used in a statute when it is intended to permit something to be done which previously could not legally be done, Madanlal Fakirchand Dudhediya v. Shree Changdeo, AIR 1962 SC 1543 (1557): 1962 Supp (3) SCR 973. [Companies Act, 1913, s. 105(1)]...
Kidnapping from lawful guardianship
Kidnapping from lawful guardianship, Whoever takes or entices any minor under sixteen years of age if a male, or under eighteen years of age if a female, or any person of unsound mind, out of the keeping of the lawful guardian of such minor or person of unsound mind, without the consent of such guardian, is said to kidnap such minor or person from lawful guardianship. (Indian Penal Code, s. 361)...
Lawful excuse
Lawful excuse, an excuse which is recognised by law as a good excuse. What is lawful excuse depends on the facts and circumstances of each case and the law, State of Uttar Pradesh v. Firm Deo Dutt Lakhan Lal, AIR 1966 All 73....
Take out of keeping of the lawful guardian
Take out of keeping of the lawful guardian, taking or enticing away a minor out of the keeping of a lawful guardian is an essential ingredient of the offence of kidnapping, S. Vardarajan v. State of Madras, AIR 1965 SC 942: (1965) 1 SCR 243. [Indian Penal Code, s. 361]...
Lawful marriage
Lawful marriage, The presumption in favour of a lawful marriage would thus arise where there was prolonged and continued cohabitation as husband and wife and where there was no insurmountable obstacle to such a marriage, Mohd. Amin v. Vakil Ahmed, AIR 1952 SC 358 (361): (1952) SCR 1133....
Lawful fence
Lawful fence, means a strong, substantial, and well suited barrier that is sufficient to prevent animals from escaping property and to protect the property from trespassers. Also termed legal fence; good and lawful fence. Black's Law Dictionary, 7th Edn., p. 892....
Lawful
Lawful. The natural meaning in a statute of the words 'it shall be lawful' is permissive only, but if the words are used to effectuate a legal right, they are compulsory, Julius v. Bishop of Oxford, (1880) 5 App Cas 182; see Craies, or Maxwell or Hardcastle on Statute Law....
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