Legitime - Law Dictionary Search Results
Home Dictionary Name: legitime Page: 7Subsequens matrimonium tollit peccatum pr'cedens
Subsequens matrimonium tollit peccatum pr'cedens. Reg. Jur.Civ, (A subsequent marriage removes a previous offence.) See LEGITIMATION....
Mulier
Mulier, (1) a woman; (2) a virgin; (3) a wife; (4) a legitimate child, 1 Inst. 243...
Record, Trial by
Record, Trial by. If a record be asserted on one side to exist, and the opposite party deny its existence, thus, 'that there is no such record remaining in Court as alleged,' and issue be joined thereon, this is an issue of nul tiel record; and the Court awards a trial by inspection of the record. Upon this, the party affirming its existence is bound to produce it in Court on a given day; failing to do so, judgment is given for his adversary. The trial by record is the only legitimate mode of trying such issue, Steph. Plead.; 2 Chit. Arch.Prac....
Vis major force majeure usual
Vis major force majeure usual, the expression 'force majeure' is not a mere French version of the Latin expression 'vis major'. It is undoubtedly a term of wider import. Difficulties have arisen in the past as to what could legitimately be included in 'force majeure'. Judges has agreed that strikes, break-down of machinery, which, though normally not included in 'vis major' are included in 'force majeure'. Where reference is made to 'force majeure', the intention is to save the performing party from the consequences of anything over which he has no control. This is the widest meaning that can be given to 'force majeure', and even if this be the meaning, it is obvious that the condition about 'force majeure' in the agreement was not vague. The use of the word 'usual' makes all the difference, and the meaning of the condition may be made certain by evidence about a force majeure clause, which was in contemplation of parties, Dhanrajamall Gobindram v. Shamji Kalidas, AIR 1961 SC 1285 (192...
Syllogism
Syllogism, the full logical from of a single argument. to a legitimate syllogism it is essential that there should be three, and no more than three, pro-positions-namely, the conclusion, or proposition to be proved, and two other propositions which together prove it, and which are called the premises. There must be three terms, viz., the subject and predicate of the conclusion, and another called the middle term, which must be found in both premises, since it is by means of it that the other two terms are to be connected together, e.g., all men are mortal; John is a man; therefore John is mortal. Consult Jevon's or Mill's or Bain's Logic....
Duly
Duly, in a contract for payment of a sum of money, does not mean 'punctually,' and payment after the stipulated time will suffice; see Starkey v. Barton, (1909) 1 Ch 284.The word 'duly' means properly, regularly or in due manner. In the context in which it is used it may legitimately be given even a more restricted meaning, namely, in accordance with law, Life Insurance Corporation of India v. D.J. Bahadur, (1981) 1 SCC 315: AIR 1980 SC 2181: (1981) 1 SCR 1083. [Life Insurance Corporation Act, 1956 (English)(31 of 1956), s. 1]...
Stranger in blood
Stranger in blood, a person in no degree of relation-ship to another. See schedule to the Stamp Act, 1815 (Chitty's Statutes, tit. 'Death Duties'), by which 10 per cent. duty is payable on a legacy 'to or for the benefit of any stranger in blood to the deceased' testator. An illegitimate child is treated by the Inland Revenue authorities as a 'stranger in blood' within the Act; but see May and August numbers of the Law Magazine and Review of 1905. Aliter as to legitimated children, see Legitimacy Act, 1926, s. 7.One not related by blood, such as relative by affinity, Black's Law Dictionary, 7th Edn., p. 1433....
Spurious
Spurious, the meaning of the word 'spurious' as given in Webster's New Twentieth Century Dic-tionary as '(1) not genuine, not proceeding from true source, (2) not legitimate', Chaitanya Kumar Adatiya v. Sushila Dixit, AIR 1975 SC 1718 (1721): (1976) 3 SCC 97. (Representation of the People Conduct of Election Rules, 1961, R. 38)...
Special bastard
Special bastard, one born of parents before marri-age, the parents afterwards intermarrying. By the Civil and Scots Law he would be then legitimated....
Sovereign powers
Sovereign powers, of a Government include all the powers necessary to accomplish its legitimate ends and purposes. Such powers must exist in all practical Governments. (Words and Phrases, Permanent Edition, Volume 39A) See also Agricultural Produce Market Committee v. Ashok Harikuni, (2000) 8 SCC 61....
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