Lost - Law Dictionary Search Results
Home Dictionary Name: lostLost grant
Lost grant, is a mere presumption from long possession and exercise of user by easement with acquiescence of the owner, that there must have been originally a grant to the claimant, which had been 'lost', Braja Kishore Jagdev v. Lingraj Samantaray, (2000) 6 SCC 540.Lost grant, is a presumption which arises in cases of immemorial user. It has its origin from the long possession and exercise of right by user of an easement with the acquiescence of the owner that there must have been originally a grant to the claimant which had been lost, Konda Lakshmana Bapuji v. Govt. of Andhra Pradesh, (2002) 3 SCC 258.Lost grant, the doctrine has no application to the case of inhabitants of particular localities seeking to establish rights of user to some piece of land or water. Since the right originated in grant, its owners, whether original or by devolution, had to be such persons as were capable of being the recipients of a grant, and a right exercisable by the inhabitants of a village from time t...
Damaged and lost
Damaged and lost, The word 'damaged' in the collocation of the words 'lost or damaged' appearing in the proviso to sub-s. (2C) of s. 13 of the Prevention of Food Adulteration Act,1954 in relation to the part of the sample sent by the court to the Director of the Central Food Laboratory must, in the context, mean 'damaged due to any cause, including decomposition'. The word 'damaged' in the collocation of the words 'lost or damaged' occurring in sub-s. (2) of s. 11 and in the proviso to sub-s. (2C) of s. 13 must be construed in furtherance of the object and purpose of inserting these provisions. The whole purpose of depositing two parts of the sample with the Local (Health) Authority is that if one of the parts of the sample is lost or damaged for any reason whatever, the remaining part may still be available for analysis, Charanji Lal v. State of Punjab, (1984) 1 SCC 329: AIR 1984 SC 80 (85): (1984) 1 SCR 513. [Prevention of Food Adulteration Act (37 of 1954), ss. 11 (2) and 13 (2C) Pr...
Lost or not lost
Lost or not lost are words used in marine insurance policies in order to prevent the policy being void if the ship is lost at the time of the insurance provided that this fact is unknown to the insurer....
Lost Bill of Exchange, Cheque, or Promissory Note
Lost Bill of Exchange, Cheque, or Promissory Note. The (English) Bills of Exchange Act, 1882, s. 69, replacing the repealed 9 & 10 Wm. 3, c. 17, s. 3, enacts that if a bill of exchange, or cheque, or note, be lost before it is overdue, 'the person who was the holder of it may apply to the drawer to give him another bill (or cheque, or note) of the same tenor, giving security to the drawer, if required, to indemnify him against all persons whatever in case the bill (or cheque, or note) alleged to have been lost shall be found again'; and that 'if the drawer on request as aforesaid refuses to give such duplicate bill (or cheque, or note), he may be compelled to do so.' By s. 70 of the same Act, re-enacting 17 & 18 Vict. c. 125, s. 87, 'in any action or proceeding on' a bill (or cheque, or note), the Court may order that the loss of the instrument shall not be set up, provided an indemnity be given to the satisfaction of the Court against the claims of any other person upon the instrument...
lost volume seller
lost volume seller : a seller who sells to a buyer after a previous buyer has breached a contract for sale but who would have been able to make a sale to the second buyer even if the first buyer had not breached called also lost volume dealer ...
Lost document
Lost document. The ordinary rule is that a document is proved by the production of the original, but on proof that a document has been destroyed, or cannot be found after a proper search made, it may be proved by the 'secondary evidence' of a copy or by oral evidence of its contents. See Powell on Evidence; and as to the case of a lost will, see Woodward v. Goulstone, (1886) 11 App Cas 469. (Indian Evidence Act, 1872, s. 65)....
lost
lost 1 : not made use of, won, or claimed [ opportunity costs] 2 : unintentionally gone out of or missing from one's possession or control 3 : ruined or destroyed physically ;also : in an unknown physical condition or location [a ship] ...
lost property
lost property see property ...
Lost
Parted with unwillingly or unintentionally not to be found missing as a lost book or sheep...
Uses
Uses (History). A use is the intention or purpose, express or implied, upon which property is to be held. The Common Law treated the actual possessor for all purposes as the owner of the property. It was not difficult to find him out, since the possession of his estate was conferred upon him by a formal and notorious ceremony, technically called livery of seisin, which was performed openly and in the presence of the people of the locality.It soon became evident that the simple rules of the Common Law were stumbling-blocks to the complicated wants of an enterprising people.Hence ingenuity was sharpened to hit upon a device which should set at nought the rigidity of existing law and formalities.A system was found by the monastic jurists upon a model furnished by the Civil Law, which, by a nice adaptation, evaded, without overturning, the Common Law. Two methods of transferring realty began to co-exist in this country-the ancient Common Law system, and the later invention, which is denomi...
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