Mistake - Law Dictionary Search Results
Home Dictionary Name: mistake Page: 5House of Lords
House of Lords, a constituent part of Parliament, being composed of the lords spiritual and temporal.The upper chambers of British parliament, of which the 11 member judicial committee provides judge who serve as the final court of appeal in most civil cases, Black's Law Dictionary, 7th Edn.The lords temporal are dukes, marquises, earls, viscounts, and barons. The number of British peerages of different ranks has been greatly augmented from time to time, and there is no limitation to the power of the Crown to add to it by fresh creation.The lords temporal consist of: (1) peers of the United Kingdom, of Great Britain, and of England; (2) the representative peers of Scotland and Ireland; (3) life peers, i.e., Lords of Appeal in Ordinary. The Lord High Chancellor presides.Bankrupts are disqualified from sitting or voting by s. 32 of the Bankruptcy Act, 1883.The assent of the House of Lords was formerly essential to the passing of any act of Parliament, but its powers in this respect had b...
Promutuum
Promutuum, a quasi-contract, by which he who receives a certain sum of money, or a certain quantity of fungible things, delivered to him through mistake contracts the obligation of restoring as much.It resembles the contract of mutuum: (1) That in both a sum of money or some fungible things are required. (2) That in both there must be a transfer of the property in the thing. (3) That in both there must be returned the same amount or quantity of the thing received, Civ. Law....
Lots
Lots. Parcels of land under one ownership put up separately at one sale. By s. 45 (5) of the (English) Law of Property Act, 1925, it is an implied condition of the sale that a purchaser of two or more lots held wholly or partly under the same title shall not have a right to more than one abstract of the common title, except at his own expense. As a rule the purchaser of the largest lot in value is entitled to the documents of title on completion where all the lots have been sold. [see, e.g., General Conditions of Sale, 34 (2) (i)]As to the position of a bidder purchasing a wrong lot by his own mistake, see Van Praagh v. Everidge, (1903) 1 Ch 434....
Remittitur damnum
Remittitur damnum. Where a jury gave greater damages than a plaintiff had declared for, the mistake might be rectified by entering a remittitur for the excess; or, if a plaintiff had signed judgment for the greater sum, the Court would give him leave to amend it, by entering a remittitur for the excess, even in a subsequent term and after error brought. The damages were usually remitted in ejectment and replevin where judgment was signed by confession or default, 2 Chit. Arch. Prac., 12th Edn. 1517....
Years
Years, must be interpreted in the sense of agricultural seasons, Sobhatiya v. Seth Bhugwandas, (1952) NLJ 168.The word 'years' in the plural has been retained in the Act by mistake or oversight and it should be read in the singular, Bhairendra Narayan Bhup v. State of Assam, 1956 SCR 303: AIR 1956 SC 503 (512). [Assam State Acquisition of Zamindari's Act (18 of 1951), s. 11]...
Voluntarily
Voluntarily, a person is said to cause an effect 'voluntarily' when he causes it by means whereby he intended to cause it, or by means which, at the time of employing those means, he knew or had reason to believe to be likely to cause it. (Indian Penal Code, 1860, s. 39)Intentionally; without coercion, Black's Law Dictionary, 7th Edn., p. 1569.The crux of making statement voluntarily is, what is intentional, intended, unimpelled by other influences, acting on one's own will, through his own conscience. Such confessional statements are made mostly out of a thirst to speak the truth which at a given time predominates in the heart of the confessor which implies him to speak out the truth. Internal compulsion of the conscience to speak out the truth normally emerges when one is in despondency or in perilous situation when he wants to shed his cloak of guilt and nothing but disclosing the truth would dawn on him. It sometimes becomes so powerful that he is ready to face all consequences for...
Surname
Surname [fr. surnom, Fr.] It is a great dispute whether we should write surname or sirname; on the one hand, there are a thousand instances in Court rolls and other ancient muniments where the description of the person is written over the Christian name, this only being inserted in the line; and the French always write surnom. There is, however, no impropriety to say sirname, since these additions are to apparently taken from our sires, [or fathers], the family name; the name over and above the Christian name, Encyc. Londin. The part of a name which is not given in baptism; the last name; the name common to all members of a family. Surnames were originally acquired by accident and retained by custom. They may be changed at will, provided notice be given by advertisement or otherwise so as to prevent fraud or mistake, or by royal licence from the Heralds' Office. See NAME....
Succurritur minori: facilis est lapsus juventutis
Succurritur minori: facilis est lapsus juventutis. Jenk. Cent. 47, (A minor is assisted: a mistake of youth is easy.) See INFANT...
Subject to such amendments as may thereafter
Subject to such amendments as may thereafter, the words 'subject to such amendments as may there-after' in s. 66 postulate that a list finalized before January 1 or April 1 is liable to be amended there-after u/s. 67. The building was certainly liable to be included in the assessment list which was finalized on March 31, 1959, but by some mistake it was not so included, Punjab National Bank v. New Delhi Municipal Committee, AIR 1973 SC 674: (1973) 1 SCC 579: (1973) 3 SCR 189....
Specific performance
Specific performance. Equity, in obedience to the cardinal rule of natural justice that a person should perform his agreement enforces, pursuant to a regulated and judicial discretion, the actual accomplishment of a thing stipulated for, on the ground that what is lawfully agreed to be done ought to be done, and that damages at law for breach of the contract are not a sufficient com-pensation. The Common Law has not recognized this principle; it has only given damages to a suffering party for the non-performance of an executory agreement. The (English) C.L.P. Act, 1854, however, imparted to the Common Law writ of mandamus a little more efficacy by provisions since superseded by s. 24 of the Judicature Act, 1873, now by Judicature Act, 1925, s. 36, and the (English) Mercantile Law Amendment Act, 1856, introduced a procedure for enforcing the specific delivery of goods sold, specially superseded by s. 52 of the (English) Sale of Goods Act, 1893.An award of damages may be combined with a ...
- << Prev.
- Next >>