Legitime - Law Dictionary Search Results
Home Dictionary Name: legitime Page: 8Son
Son, 'son' as understood in common parlance means a natural son born to a person after marri-age. It is the direct blood relationship which is the essence of the term in which 'son' is usually understood, emphasis being on legitimacy. In legal parlance, however, 'son' has a little wider connotation. It may include not only the natural son but also son's son, namely, the grandchild, and where the personal law permits adoption, it also includes an adopted son. Even illegitimate son may be treated as legitimate, as for example, the 'son' referred to in s. 16 of the Hindu Marriage Act, as originally enacted. Thus the term 'son' itself is a flexible term and may not be limited to the direct descendant. Its true meaning, like the term 'family' discussed above, will depend upon the context in which it is used. K.V., Muthu v. Angamuthu Ammal, AIR 1997 SC 628 (632): (1997) 2 SCC 53.1. A person's male child 2. An immediate male descendant 3. An adopted male child or dependent, Black's Law Dictio...
Sagotra marriage
Sagotra marriage, the custom of sagotra marriages amongst the Waish Aggarwals is a well established and recognised custom and that although it may not be approved by a certain section of that community, it carries with it no sort of stigma or evil consequences. The issue of such marriages is perfectly legitimate and the bond is recognised on all sides, Krishen v. Sham Sunder, AIR 1933 Lah 585....
Reasonable parts
Reasonable parts. The two-thirds of a man's personal property, one of which went on his death to his widow, and the other to his children, the remaining third going in accordance with his will. This right of the widow and children was expressly saved to them by a still unrepealed clause of Magna Carta, but became lost to them by imperceptible degrees. The Wills Act, 1837, is inconsistent with, but does not expressly repeal, the saving of Magna Charta for the 'reasonable parts,' but the Wills Act does not apply to Scotland, where (see LEGITIM), as generally throughout Europe, except in England and Ireland, the rights of the widow and children are in full force....
Mulier puisne
Mulier puisne. When a man has a bastard son, and afterwards marries the mother, and by her has also a legitimate son, the elder son is bastard eigne and the younger son is mulier puisne. See 2 Bl. Com. 248....
Pollution of offshore environment
Pollution of offshore environment, means the introduction by any person, directly or indirectly, of substances or energy into the offshore environment which results, or is likely to result, in deleterious effect or living resources and marine life, hazards to human health, hindrance to marine activities, including fishing and other legitimate uses of the offshore areas and impairment of quality of sea water for use and reduction of ameni-ties. [The Offshore Areas Mineral (Development and Regulation) Act, 2002, s. 2(q)]...
Pollution
Pollution, means such contamination of water or such alteration of the physical, chemical or biological properties of water or such discharge of any sewage or trade effluent or of any other liquid, gaseous or solid substance into water (whether directly or indirectly) as may, or is likely to, create a nuisance or render such water harmful or injurious to public health or safety, or to domestic, commer-cial, industrial, agricultural or other legitimate uses, or to the life and health of animals or plants or of acquatic organisms. [Water (Prevention and Control of Pollution) Act, 1974 (6 of 1974), s. 2 (e)]...
Pollute, Pollution
Pollute, Pollution, is a noun derived from the transitive verb 'pollute' which means to make foul or unclean, dirty, to make impure or morally unclean. In Halsbury's Law of England (4th Edn. Vol. 38, Para 66) 'pollution' means the direct or indirect discharge by man of substances of energy into the aquatic environment resulting in hazard to human health, harm to living resources and aquatic ecosystems, damage to amenities on interference with other legitimate uses of water, T.N. Godavarman Thirumalpat v. Union of India, (2002) 10 SCC 606. [Environment (Protection) Act, 1986, s. 3]...
Personal use
Personal use, means a close scrutiny of the context in which the expression occurs shows that only those effects can legitimately be said to be personal which pertain to the assessee's person; in other words, an intimate connection between the effects and the person of the assessee must be shown to exist to render the 'personal effects'. The enumera-tion of articles like wearing apparel, jewellery and furniture, mentioned by way of illustrations in the above definition of 'personal effects', also shows that the legislature intended only those articles to be included in the definition which were intimately and commonly used the assessee, Random House Dictionary of the English Language Unabridged Edn., p. 1075.Means article associated with person as property having more or less intimate relation to person of possessor, Black's Law Dictionary, 4th Edn., p. 1301....
Paternity
Paternity. The general rule is that 'pater vero is est quem nupti' demonstrant' (Dig. Lib. 2, tit. 4, 1. 5). For a discussion of the law on the subject of paternity and the cases in which it may be shown that the child is not that of the husband, see Russell v. Russell, 1924 AC 687; Hubback on Succession, pp. 378 et seq.; Sir Harris Nicolas on Adulterine Bastardy. A husband may give evidence that he had never had intercourse with his wife before the marriage (The Poulett Peerage, 1903, AC 395). It becomes a question, when a widow marries immediately after the death of her husband, and she is delivered of a child at the expiration of ten months from the death of the first husband, as to the paternity of the child. Blackstone and Coke say, that if a man dies, and his widow soon after marries again, and a child is born within such a time as that by the course of nature it might have been the child of either husband in this case he is said to be more than ordinarily legitimate; for he may,...
Parent
Parent includes, for the purpose of the (English) Education Act, 1921 [s. 170 (12)], 'guardian and every person who is liable to maintain or has the actual custody of the child or young person'; and for the purpose of vaccination, the father and mother of a legitimate child, the mother of an illegitimate child, and any person having its custody, Vaccination Act of 1867, s. 35, and of 1871, s. 4....
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