Natural Right - Law Dictionary Search Results

usually presents by letters-patent (26 Hen. 8, c. 1; 1 Eliz. c. 1). As to other patrons, the right of presentation is sometimes confounded with that of nomination; but presentation is the offering a person to the … instituted to the benefice. It must be in writing (29 Car. 2, c. 3), and is in the nature of letters-missive to the ordinary. The sovereign, as protector ecclesi', is the patron paramount of all benefices which

Judgment

determining some right or liability. The right or liability is to be found out by the Court. The nature of the order will have to be examined in order to ascertation whether there has been a determination

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Support

(1881) 6 App Cas 740, in which it was held by the House of Lords that there is natural right to lateral support for buildings. This is an easement which may be acquired by twenty years' uninterrupted, peaceable,

Mandamus

do something therein specified, which appertains to their office, and which the court holds to be consonant to right and justice. It is used principally for public purposes, and to enforce performance of public duties. It enforces, … Mandamus [we command). (1) A high prerogative writ of a most extensive remedial nature. In form it is a command issuing in the King's name from the King's Bench Division of the

Possession

understood, means effective physical control or occupation. The word 'possession' is sometimes used inaccurately as synonymous with the right to possess, Gurucharan Singh v. Kamla Singh, (1976) 2 SCC 152. Possession, does not imply mere acts of … an inclosure which is cont-rolled, such as horses, sheep or cattle within a fenced field, but see FER' NATUR'. A condition of possession is the intent to control. Possession may connote different kinds of control according to

Adverse possession

v. Prem Prakash, (1995) 4 SCC 496 (504): AIR 1995 SC 1789. (Delhi Land Reforms Act, 1954) --the nature of the property, the nature of title vesting in the rightful owner, the kind of possession which the … possession or occupancy of land which is inconsistent with the title of any person to whom the land rightfully belongs and tends to extinguish that person's title, see (English) Real Property Limitation Act, 1874 (37 & 38

Interlocutory order

merely denotes orders of a purely interim or temporary nature which do not decide or touch the important rights or the liabilities of the parties. Any order which substantially affects the right of the accused, or decides … and not in any broad or artistic sense. It merely denotes orders of a purely interim or temporary nature which do not decide or touch the important rights or the liabilities of the parties. Any order which

Reasonable restriction

limitation imposed on a person in enjoyment of the right should not be arbitrary or of an excessive nature, beyond what is required in the interests of the public. The test of reasonableness, wherever prescribed, should be

Citizenship

Tax Officer, (1964) 4 SCR 89: AIR 1963 SC 1811 (1819). A person who, by either birth or naturalisation, is a member of a political community, owing allegiance to the community and being entitled to enjoy all … Citizenship, citizenship is intimately connected with civic rights under municipal law. Hence, all citizens are nationals of a particular State, but all nationals may not be

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