Lis Mana - Law Dictionary Search Results
Home Dictionary Name: lis manaMana
Mana, an old woman, Jac. LawDict....
Lis pendens
Lis pendens (a pending suit). The pendency of another action between the same a parties for the same cause of action might, under the former practice, have been pleaded in abatement, though not in bar; but the pendency of an action in an inferior or foreign court could not be so pleaded. Such matter may now be setup by way of defence, or the action may be stayed by the court, under the (English) Judicature Act, 1925, s. 41, replacing Judicature Act, 1873, s. 24 (5).The actual pendency of a suit in equity was regarded as notice of the suit to all the world, though after a complete decision the public attention may be supposed to be drawn off to other matters, and therefore a person was allowed to be ignorant of a final decree of the court made in a cause in which he was not concerned, see Price v. Price, (1887) 35 Ch D 297. But by the (English) Judgments Act, 1839 (2 & 3 Vict. c. 11), s. 7, it was enacted that no lis pendens shall bind a purchaser or mortgagee without express notice the...
Lis mota
Lis mota (the dispute commenced). Declarations of deceased members of a family, in matters of pedigree, are inadmissible in evidence, if made after a controversy has arisen as to the facts on which the claim is founded (or, as it is called, post litem motam), which for that purpose is to be deemed the commencement of the lis mota....
lis pendens
lis pendens [Latin] 1 : a pending suit 2 : a written notice of a pending suit involving property usually filed in the appropriate office (as a registry of deeds) called also notice of pendency 3 a : the jurisdiction and control of the court over property involved in a pending suit b : a doctrine under which one purchasing an interest in property involved in a pending suit does so subject to the adjudication of the rights of the parties to the suit ...
Circuitus est evitandus; et boni judicis est lites derimere, ne lis ex lite oriatur
Circuitus est evitandus; et boni judicis est lites derimere, ne lis ex lite oriatur [Lat.], Circuity is to be avoided; and it is the duty of a good judge to determine litigation, lest one lawsuit arise out of another....
Lis
Lis [Lat.], a suit, action controversy, or dispute....
litigate
litigate -gat·ed -gat·ing [Latin litigatus, past participle of litigare, from lit-, lis lawsuit + agere to drive] vi : to seek resolution of a legal contest by judicial process [chose to rather than settle] vt : to make the subject of a suit [ a claim] ;broadly : to contest or resolve in court [ an insanity defense] lit·i·ga·ble [li-tə-gə-bəl] adj lit·i·ga·tion [li-tə-gā-shən] n lit·i·ga·tion·al [-shə-nəl] adj lit·i·ga·to·ry [li-tə-gə-tōr-ē] adj ...
Conversion, equitable
Conversion, equitable. It is an established principle that money directed to be employed in the purchase of realty, and realty directed to be sold and turned into money, are considered inequity as that species of property into which they are directed to be converted; and this, in whatever manner the direction is given; whether by will, or contract, marriage articles, settlement, or otherwise; and whether the money is actually deposited, or only covenanted to be paid, or whether the land is actually conveyed, or only agreed to be conveyed, Fletcher v. Ashburner, (1779) 1 Bro CC 497; 1 W&TLC. This principle is governed by the doctrine of equity, that that which ought to be done shall be deemed as actually done.The property thus equitably transmuted by anticipation will possess all the qualities, incidents, and peculiarities of that kind of property into which it is destined to be changed. See 3 & 4 Wm. 4, c. 74, s. 71.But the beneficiary, or all the beneficiaries together, provided they ...
Distress
Distress [fr. distringo, Lat., to bind fast; districtio, Med. Lat., whence distraindre, Fr.], a taking, without legal process, of a personal chattel from the possession of a wrong-doer into the hands of a party grieved, as a pledge for the redressing an injury, the performance of a duty, or the satisfaction of a demand.This remedy may be resorted to by a landlord for recovery of rent in arrear, by a rate collector or tax collector for recovery of rates or taxes, and by justices of the peace for the recovery of fines due on summary convictions.A distress may be made of common right for the rent payable by a tenant to a landlord, technically termed 'rent-service,' and by particular reservation, or under s. 121 of the (English) Law of Property Act, 1925, for rent-charges, and also for rents-seck since the (English) Landlord and Tenant Act, 1730 (4 Geo. 2, c. 28), s. 5, which extended the same remedy to rents-seck, rents of assize, and chief-rents, and thereby in effect abolished all mater...
Financial Institution
Financial Institution, means a banking company to which the Banking Regulation Act, 1949 (10 of 1949) applies (including any bank or banking institution referred to in s. 51 of that Act); or any other financial institution which the Central Government may, by notification in the Official Gazette, specify in this behalf. [Income Tax Act, 1961 (43 of 1961), s. 80E(3)(b)]Means:(i) a public financial institution within the meaning of s. 4A of the Companies Act, 1956;(ii) such other institution as the Central Government may, having regard to its business activity and the area of its operation in India by notification, specify. [Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (51 of 1993), s. 2 (h)]Financial institution means:(i) a public financial institution within the meaning of s. 4A of the Companies Act, 1956 (1 of 1956);(ii) any institution specified by the Central Govern-ment under sub-clause (ii) of clause (h) of s. 2 of the Recovery of Debts Due to Banks and Fina...
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