Legitimate - Law Dictionary Search Results
Home Dictionary Name: legitimate Page: 4Legitimacy Declaration Act, 1858 (English)
Legitimacy Declaration Act, 1858 (English) (21 & 22 Vict. c. 93), which provides that any natural born subject of the King, being domiciled in England or Ireland, or claiming any real or personal estate situated in England, may apply to the High Court of Justice for a decree, declaring that the petitioner is the legitimate child of his parents, and that the marriage of his father and mother ,or of his grandfather and grandmother, was a valid marriage, or for a decree declaring that his own marriage was valid. See also (English) Legitimacy Act, 1926 (16& 17 Geo. 5, c. 60), applying the 1858Act in cases also of legitimation by subsequent marriage of parents and giving jurisdiction therein to the County Court....
Legal fiction
Legal fiction, it must be confined to the limited purpose for which it is created, Commissioner of Sales Tax v. Union Medical Agency, (1981) 1 SCC 51: AIR 1981 SC 1.The Supreme Court thus while laying down the principles on the basis of which a deeming provision should be construed held 'a legal fiction must be limited to the purposes for which it is created and not to be extended beyond its legitimate field', K.S. Dharmadatan v. Central Government, AIR 1979 SC 1495: (1979) 4 SCC 204.Legal fiction pre-supposes the correctness of the state of facts on which it is based and all the consequences which flow from that state of facts have got to be worked out to their logical extent, Bengal Immunity Co. v. State of Bihar, (1955) 2 SCR 603: AIR 1955 SC 661 (709). [Constitution of India, Article 286(2)]...
Justum non est aliquem post mortem facere bastardum qui toto tempore vita sua pro legitimo habebatur
Justum non est aliquem post mortem facere bastardum qui toto tempore vita sua pro legitimo habebatur [Lat.], It is not just to make anyone a bastard after his death when for his whole life he was taken to be legitimate....
Law and order and public order
Law and order and public order, the acts which affect 'law and order' are not different from the acts which affect 'public order'. Indeed, a state of peace or orderly tranquillity which prevails as a result of the observance or enforcement of internal laws and regulations by the government, is a feature common to the concepts of 'law and order' and 'public order', Ram Ranjan Chatterjee v. State of West Bengal, (1975) 4 SCC 143: AIR 1975 SC 609 (611).The true distinction between the areas of law and order and public order lies not merely in the nature or quality of the act, but in the degree and extent of its reach upon society. Acts similar in nature, but committed in different contexts and circumstances, might cause different reactions. In one case it might affect specific individuals only, and therefore, touches the problem of law and order only, while in another it might affect public order, Amiya Kumar Karmakar v. State of West Bengal, (1972) 2 SCC 672: AIR 1972 SC 2259 (2260).The ...
Issue
Issue [fr. exitus, Lat.], used in several senses:-(1) The legitimate offspring of parents. The word 'issue' in a will was either a word of purchase or of limitation, as would best answer the intention of the testator; and for the effect of the word in the case of a deed, see Norton on Deeds. Now the rule in Shelley's case (q.v.), having been abolished by s. 131, in instruments made or in wills upon death after 1925, 'issue' will be construed as a word of pur-chase [(English) Law of Property Act, 1925, s. 131], and s. 130, by implication abolishes the rule in Wild's case, (1599) 6 Co Rep 16 b, 17 a (q.v.), in such cases, 2 Fonbl. Eq. 69.(2) The profits arising from lands or tenements, amerciaments, or fines.(3) Event, consequence, evacuation, sending forth.(4) The point in question, as the conclusion of the pleadings between contending parties in an action, when one side affirms and the other denies.It is provided by the present rules of pleading that the plaintiff by his reply may join...
Illegitimate blood
Illegitimate blood, According to the s. 2(b) Exp. I(b), Relationship in the terminology degrees of prohibited relationship includes illegitimate blood relationship as well as legitimate. [Special Marriage Act, 1954, s. 2(b) Expl. (b)]...
House, Houses
House, Houses, See Special Reference No. 1 of 2002 (In Re Gujarat Assembly Matter, (2002) 8 SCC 237. [Constitution of India, Article 174(1)]As to what will pass under a grant of a 'house,' see St. Thomas's Hospital v. Charing Cross Ry.Co., (1861) 1 J. & H. at p. 404, per Wood, V.-C.; Co. Litt. 5 b. As to a devise of a 'house,' see Theobald on Wills; Jarman on Wills.Malicious injuries to houses by tenants, or by means of explosive substances, are punishable by the Malicious Damage Act, 1861 (24 & 25Vict. c. 97), ss. 9 and 13.'House 'under the Public Health 1936 Act, s. 43, means a dwelling-house, whether private or not; under the Housing Act, 1936, s. 187, includes any yard, garden, outhouses and appurtenances; under the Rent Restriction Acts, 1920-1935, a dwelling-house means a house let as a separate dwelling or a part of a house being a part so let (1933, s. 16); for other definitions, see respective statutes.The word 'house' would in its ordinary sense include any building irrespect...
Hindu
Hindu, The historical and etymological genesis of the word 'Hindu' has given rise to a controversy amongst ideologists; but the view generally accepted by scholars appears to be that the word 'Hindu' is derived from the river Sindhu otherwise known as Indus which flows from the Punjab. 'That part of the great Aryan race', says Monier Williams, 'which immigrated from Central Asia, through the mountain passes into India, settled first in the districts near the river Sindhu (now called the Indus). The Persians pronounced this word Hindu and named their Aryan brethren Hindus. The Greeks, who probably gained their first ideas of India from the Persians, dropped the hard aspirate, and called the Hindus 'Indoi'. ('Hindulsm' by Monler Williams, p.1.)'. The Encyclopedia of Religion and Ethics, Vol. VI, has described 'Hinduism' as the title applied to that form of religion which prevails among the vast majority of the present population of the Indian Empire (p. 686). As Dr. Radhakrishnan has obs...
Mulier
Mulier, (1) a woman; (2) a virgin; (3) a wife; (4) a legitimate child, 1 Inst. 243...
Morganatic marriage
Morganatic marriage. The lawful and inseparable conjunction of a man of noble or illustrious birth with a woman of inferior station, upon condition that neither the wife nor her children shall partake of the titles, arms, or dignity of the husband, or succeed to his inheritance, but be contented with a certain allowed rank assigned to them by the morganatic contract. But since these restrictions relate only to the rank of the parties and succession to property, without affecting the nature of a matrimonial engagement, it must be considered as a just marriage. The marriage ceremony was regularly performed; the union was indissoluble; the children legitimate. This connection was very usual in Europe; but there is not proof that the concubines of Charlemagne and the early kings of France were wives of this description, nor is there occasion to resort to that supposition in defence of their conduct, since the state of concubinage itself was little inferior to this in the public estimation;...
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