Legality - Law Dictionary Search Results
Home Dictionary Name: legalityLawful, 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...
Legal right
Legal right, 'legal right' is a difficult concept, legal right in its strict sense is one which is an assertable claim, enforceable before Courts and administrative agencies; in its wider sense, a legal right has to be understood as any advantage or benefit conferred upon a person by a rule of law; there are legal rights which are not enforceable, though recognized by the law; there are rights recognised by the International Court, granted by international law; but not enforceable; a legal right is a capacity of asserting a secured interest rather than a claim that could be asserted in the Courts, Daniel Hailey Walcott v. State, AIR 1968 Mad 349 (355). (Penal Code, 1860, s. 30)It includes not only rights conferred by statute but also those which may be claimed independently of any statute, Anandrao Laxmanrao Mandloi v. Board of Revenue, AIR 1965 MP 237 (247) (FB).A legal right may be defined as an advantage or benefit conferred upon a person by a rule of law. Immunity in short is no li...
Right and legal right
Right and legal right, 'right' is an interest recog-nised and protected by moral or legal rules. It is an interest the violation of which would be a legal wrong. Respect for such interest would be a legal duty. That is how Salmond has defined the 'Right'. In order, therefore, that an interest becomes the subject of a legal right, it has to have not merely legal protection but also legal recognition. The elements of a 'Legal Right' are that the 'right' is vested in a person and is available against a person who is under a corresponding obligation and duty to respect that right and has to act or forbear from acting in a manner so as to prevent the violation of the right. If, therefore, there is a legal right vested in a person, the latter can seek its protection against a person who is bound by a corresponding duty not to violate that right, Mr. X v. Hospital Z, AIR 1999 SC 495 (499): (1998) 8 SCC 296...
Existence or extent of a legal right
Existence or extent of a legal right, Ordinarily and generally, in any suit including the one under art. 131 the competition is between the legal right of the plaintiff and the defendant. But primarily, and almost invariably, the plaintiff has to establish his legal right in order to succeed in the suit. As against the claim of the plaintiff, if the legal right of the defendant is established, the suit is bound to fail. But on failure of either to establish his own legal right, the suit will still fail because the plaintiff cannot succeed unless he establishes his legal right. This proposition of law is so clear and axiomatic that the expression - 'the existence or extent of a legal right' - used in art. 131 undoubtedly is meant to bring about this result, State of Karnataka v. Union of India, (1977) 4 SCC 608: AIR 1978 SC 68: (1978) 2 SCR 1....
Legal
Created by permitted by in conformity with or relating to law as a legal obligation a legal standard or test a legal procedure a legal claim a legal trade anything is legal which the laws do not forbid...
Improper legal advice and wrong legal advice
Improper legal advice and wrong legal advice, Giving of improper legal advice is different from giving of wrong legal advice. While the former may amount to professional misconduct, the latter may not be so. It is against professional etiquette for a lawyer to give improper legal advice with an ulterior object. It is unworthy that an advocate should accept employment with such motive, or so long as his client has such understanding of his purpose. It is professionally improper for a member of the bar to prepare false documents or to draw pleadings knowingly that the allegations made are untrue of his knowledge, Pandurang Dattatraya Khandekar v. Bar Council of Maharashtra, AIR 1984 SC 110: (1984) 1 SCR 414: (1984) 2 SCC 556....
Legal justice and natural justice
Legal justice and natural justice, the expression 'natural justice' and 'legal justice' do not present a water-tight classification. It is the substance of justice which is to be secured by both, and whenever legal justice fails to achieve this solemn purpose, natural justice is called in aid of legal justice. Natural justice relieves legal justice from unnecessary technicality, grammatical pedantry or logical prevarication. It supplies the omissions of a formulated law, Canara Bank v. Debasis Das, AIR 2003 SC 2041 (2047): (2003) 4 SCC 557....
Legal proceedings
Legal proceedings, do not in their ordinary sense at first suggest the commencement of an arbitration. To refer to a person as having commenced legal proceedings does not obviously suggest that an arbitration has been commenced, even although its purpose is to obtain an award as to the relevant legal rights of the parties. Legal proceedings in the ordinary sense of the phrase more obviously refers to proceedings in a court of law, ICL Shipping Ltd. v. Chin Thai Steel Enterprise Co. Ltd. (QBD), (2004) 1 WLR 2254.Means any civil or criminal proceeding or enquiry in which evidence is, or may be given; includes an arbitration, Stroud's Judicial Dictionary, Vol. 2, p. 1439.Means steps or measures adopted in the prosecution or defence of an action, A Dictionary of Law, Willium C. Anderson, 1889, p. 816....
High Court Legal Services Committee
High Court Legal Services Committee, 'High Court Legal Services Committee' means a High Court Legal Services Committee constituted under s. 8A. [Legal Services Authorities Act, 1987 (39 of 1987), s. 2(1) (bb)]...
Legal representative
Legal representative, a 'legal representative' ordinarily means a person who in law represents the estate of a deceased person or a person on whom the estate devolves on the death of an individual, Gujarat State Road Transport Corporation v. Ramanbhai Prabhat Bhai, AIR 1987 SC 1690 (1699): (1987) 3 SCC 234: (1987) 3 SCR 404. [Motor Vehicles Act, (4 of 1939), s. 92A]The definition of 'legal representatives' includes heirs as well as persons who represent the estate even without title either as executors or administrators in possession of the estate of the deceased, Custodian of Branches of BANCO National Ultramarino v. Nalini Bai Naique, AIR 1989 SC 1589 (1591): (1989) Supp 2 SCC 275: (1989) 2 SCR 810.It has the meaning assigned to it in clause (11) of section 2 of the Code of Civil Procedure, 1908. [Wealth-tax Act, 1957, s. 2 (lb)]It means a person who in law represents the estate of a deceased person, and includes any person who intermeddles with the estate of the deceased person, and...
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