Natural Right - Law Dictionary Search Results
Home Dictionary Name: natural right Page: 5Restriction
Restriction, connotes that limitations imposed on a person for enjoyment of right should not be arbitrary or of an excessive nature beyond what is required in interest of public. Reasonableness of a restriction depends upon nature of right claimed, object to be achieved, means employed and limitations imposed, Syed Jassadduque Hussain v. Union of India, 1987 Kash LJ 760.Restriction. Under the Land Registration Act, 1925, s. 58, and rules 56 and 58, L.R. Rules, 1925, is an entry on the register, usually requiring notice to or consent by a named person before any further dealing is registered. The restriction may be limited to a special class of dealings and may have a continuous effect unlike a 'caution,' which can only operate once. Restrictions are frequently entered for the protection of settled land. Consult Fortescue-Brickdale and Stewart-Wallace on the Land Registration Act, 1925.It is reasonable to think that the makers of the Constitution considered the word 'restriction' to be ...
Occupancy right
Occupancy right, occupancy rights are creatures of statutes, or to be more precise the creatures of custom adopted by statute, which by defining the nature of the evidence, which a person claiming such rights is required to adduce, have extended such rights to a larger class of ryots. They are creatures of custom or of statute only in the sense that acquisition of such rights by ryots does not depend upon the bounty or gift of the landlord, but they can be acquired against his will. This does not imply that the landlord cannot by grant confer on his tenant, rights exactly similar to rights of occupancy. He can in his grant define rights which he is granting to his tenant, by mentioning in detail in the different clauses of the Patta the exact incidents of the rights he is granting. If he does so, the ryot or tenant would get these rights, Jogendra Narayan Dhar v. Askarulla, AIR 1937 Cal 27: 169 IC 700....
Fraud
Fraud, a fraud is an act of deliberate deception with the design of securing something by taking unfair advantage of another. It is a deception in order to gain by another's loss. It is a cheating intended to got an advantage, S.P. Chengalvaraya Naidu v. Jagannath, AIR 1994 SC 853 (855): (1994) 1 SCC 1.A term used in a variety of meanings. At Common Law, fraud is actionable under the heading of deceit (q.v.).A knowing misrepresentation of the truth or con-cealment of a material fact to induce another to act to his or her detriment, Black's Law Dictionary, 7th Edn., p. 670.In equity and upon the equitable principles which are now applicable in any Court of law, fraud may be described as an infraction of the rules of fair dealing. For the action at law intention and representation (q.v.) are material. In equity an act or its consequences to the person aggrieved may be of greater importance than the intention of the defendant or any representation made to the plaintiff, and the same may b...
Hereditaments
Hereditaments, every kind of property that can be inherited; i.e., not only property which a person has by descent from his ancestors, but also that which he has by purchase, because his heir can inherit it from him. The two kinds of hereditaments are corporeal, which are tangible (in fact, they mean the same thing as land), and incorporeal, which are not tangible, and are the rights and profits annexed to, or issuing out of, land. It includes money held in trust to be laid out in land [Re Gosselin, (1906) 1 Ch 120].Any property that can be inherited; anything that passes by intestacy, Black's Law Dictionary, 7th Edn., p. 730.The enumeration of incorporeal hereditaments in Hale's Analysis (p. 48) is the following:-Rents, services, tithes, commons, and other profits in alieno solo, pensions, offices, franchises, liberties, villains, dignities. But Blackstone enumerates ten principal kinds:-Advowsons, tithes, commons, ways, offices, dignities, franchises, corodies or pensions, annuities,...
Right of suit and right of appeal
Right of suit and right of appeal, there is an inherent right in every person to bring a suit of a civil nature and unless the suit is barred by statute one may, at one's peril, bring a suit of one's choice. It is no answer to a suit, howsoever frivolous to claim, that the law confers no such right to sue. A suit for its maintainability requires no authority of law and it is enough that no statute bars the suit. But the position in regard to appeals is quite the opposite. The right of appeal inheres in no one and therefore an appeal for its maintainability must have the clear authority of law. That explains why the right of appeal is described as a creature of statute, Ganga Bai v. Vijay Kumar, AIR 1974 SC 1126: (1974) 2 SCC 393: (1974) 3 SCR 882....
guardian
guardian : one who has or is entitled or legally appointed to the care and management of the person or property of another compare committee, conservator, curator, receiver, tutor guardian ad li·tem [-ad-lī-təm, -Ä d-lē-tem] : a guardian appointed by a court to represent in a particular lawsuit the interests of a minor, a person not yet born, or a person judged incompetent guardian by nature : natural guardian in this entry natural guardian : a guardian by natural relationship having custody of the person but not the property of a minor NOTE: Under common law the father is considered the natural guardian of a child until his death or incapacitation, whereupon the mother becomes the natural guardian. Many states have passed statutes giving both parents equal rights as guardians. statutory guardian : a guardian appointed by statutory authority testamentary guardian : a person named in a will to serve as a guardian guard·ian·ship n ...
right of privacy
right of privacy :the right of a person to be free from intrusion into or publicity concerning matters of a personal nature called also right to privacy compare invasion of privacy NOTE: Although not explicitly mentioned in the U.S. Constitution, a penumbral right of privacy has been held to be encompassed in the Bill of Rights, providing protection from unwarranted governmental intrusion into areas such as marriage and contraception. A person's right of privacy may be overcome by a showing that it is outweighed by a compelling state interest. ...
privilege
privilege [Latin privilegium law affecting a specific person, special right, from privus private + leg- lex law] 1 : a right, license, or exemption from duty or liability granted as a special benefit, advantage, or favor: as a : an exemption from liability where an action is deemed to be justifiable (as in the case of self-defense) or because of the requirements of a position or office ;also : the affirmative defense that an action is privileged compare excuse absolute privilege : a privilege that exempts a person from liability esp. for defamation regardless of intent or motive ;specif : a privilege that exempts high public officials (as legislators) from liability for statements made while acting in their official capacity without regard to intent or malice qualified privilege : a privilege esp. in the law of defamation that may be defeated esp. by a showing of actual malice called also conditional privilege b : an exemption from a requirement to disclose information (as fo...
Jus civitatis
Jus civitatis, Roman citizenship, including (1) public rights; suffragium et honores and jus provocationis, the right of appeal in capital cases from the tribunal to the assemblies of the public; and (2) private rights; connubium et commercium. Originally, the full enjoyment was restricted to the patricians. In the course of centuries of development plebeians obtained all these rights and they were conferred by law on aliens, not by right of naturalization but either as individuals or as members of the same community. Cf. Fustel de Coulanges, 'Le Cite Antique,' Hunter's Rom. Law....
Quod permittat prosternere
Quod permittat prosternere, a writ, in the nature of a writ of right, to abate a nuisance, Fitz. N.B. 104. Abolished.Means 'that he permit to abate'. A writ to abate a nuisance, similar in nature to a petition of right, Black's Law Dictionary, 7th Edn., p. 1263.Means this is a writ commanding the defendant to permit the plaintiff to abate, quod permittat prosternere, the nuisance complained of; and, unless he so permits, to summon him to appear in court, and show cause why he will not. And this writ lies as well for the alienee of the party first injured, as hath been determined by all the judges. And the plaintiff shall have judgment herein to abate the nuisance, and to recover damages against the defendant, Commentaries on the Laws of England, 3 William Blackstone 222 (1768)....
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