Natural Right - Law Dictionary Search Results
Home Dictionary Name: natural right Page: 8recourse
recourse 1 a : the act of turning to someone or something for assistance esp. in obtaining redress b : a means to a desired end esp. in the nature of a remedy or justice ;also : the end itself 2 : the right or ability to demand payment or compensation ;specif : the right to demand payment from the endorser or drawer of a negotiable instrument see also recourse note at note compare non-recourse NOTE: Under Article 3 of the Uniform Commercial Code, the phrase without recourse on a negotiable instrument limits the liability of the endorser or drawer. If an endorsement states that it is made without recourse, the endorser is not liable to pay, subject to various conditions, if the instrument is dishonored. Similarly, if a draft states that it is drawn without recourse, the drawer is not liable to pay, subject to various conditions, if the draft is dishonored, provided that it is not a check. ...
Corporation or body politic
Corporation or body politic, an artificial person es-tablished for preserving in perpetual succession certain rights, which being conferred on natural persons only would fail in process of time. It is either aggegate, consisting of many members, or sole, consisting of one person only, as a parson. It is also either spiritual, created to perpetuate the rights of the Church, or lay'sub-divided into civil, created for many temporal purposes, and eleemosynary, to perpetuate founders' charities. It is by virtue of the sovereign's prerogative exercised by a charter, or of an Act of Parliament, or of prescription, that the artificial personage called a corporation, whether sole or aggregate, civil or ecclesiastical, is created. The royal charter gives it a legal immortality, and a name by which it acts and becomes known. It has power to make bye-laws for its own government, and transacts its business under the authority of a common seal-its hand and mouthpiece; it has neither soul nor tangibl...
Persecution
Persecution, implies a failure by the State to make protection available against the ill-treatment or violence which the person suffers at the hands of his persecutors, Horvath v. Home Secretary [HL(E)], (2000) 3 WLR 379.Persecution, is most appropriately defined as the sustained or systemic failure of State protection in relation to one of the core entitlements which has been recognised by the international community, Law of Refugee Status (1991), p. 112.Persecution, is normally related to action by the authorities of a country. It may also emanate from sections of the population that do not respect the standards established by the laws of the country concerned. A case in point may be religious intolerance, amounting to persecution, in a country otherwise secular, but where sizable fractions of the population do not respect the religious beliefs of their neighbours. Where serious discriminatory or other offensive acts are committed by the local populace, they can be considered as pers...
Promotion
Promotion, as understood in ordinary parlance and also as a term frequently used in cases involving service laws means that a person already holding a position would have a promotion if he is appointed to another post which satisfies either of the two conditions namely that the new post is in a higher category of the same service or that the new post carries higher grade in the same service or class, Dr. Meera Massey v. Dr. S.R. Mehrotra, (1998) 3 SCC 88.Means advancement or preferment in honour, dignity, rank or grade. Promotion thus not only covers advancement to higher position or rank but also implies advancement to a higher grade, State of Rajasthan v. Fateh Chand Soni, (1996) 1 SCC 562: 1996 SCC (L&S) 340.Promotion as understood under the service law jurisprudence means advancement in rank, grade or both. Promotion is always a step towards advancement to a higher position, grade or honour. Opting to come to a lower pay scale or to a lower post cannot be considered a promotion, it...
Renewal
Renewal, Black's Dictionary, Sixth Edn., defines the word 'renewal' at p. 1299 thus: 'The act of renewing or reviving. A revival or rehabilitation of an expiring subject; that which is made a new or re-established. The substitution of a new right or obligation for another of the same nature. A change of something old to something new. To grant or obtain extension of.' In P. Ramanatha Aiyar's 'The Law Lexicon' (Reprint Edn. 1987), the word 're-newal' is defined at p. 1107 to mean 'a change of something old for something new'. The renewal of a 'licence' means 'a new licence granted by way of renewal'. The renewal of a negotiable bill or note is regarded simply as a prolongation of the original contract. The office of a 'renewal', as it is termed, of a life policy, is to prevent discontinuance or forfeiture. In Provash Chandra Dalui v. Biswanath Banerjee, 1989 Supp (1) SCC 487: (SCC at p. 496) in para 14, this Court drew the distinction between the meaning of the words extension and renew...
Set-off
Set-off, any counter-balance or cross-claim.A defendant's counter demand against the plaintiff, arising out of transaction independent of plaintiff's claim, Black's Law Dictionary, 7th Edn., p. 1376.The subject of a set-off under the former practice was a cross debt or claim, on which a separate action might be sustained, due to the party defendant from the party plaintiff. It was a defence crated by 2 Geo.2, c. 22, and had no existence at Common Law, and could only be pleaded in respect of mutual debts of a definite character, and did not apply to a claim founded in damages, or in the nature o a penalty, and the debt must have been due in the same right and between the same parties, and not a mere equitable demand. The defendant could not avail himself of a set-off, unless it were specially pleaded, and particulars thereof delivered with the plea.It is now provided by (English) R.S.C. 1883, Ord. XIX., r. 3, that a defendant in an action may set off or set up, by way of counter-claim a...
To the extent of the contravention
To the extent of the contravention, the expression 'to the extent of the contravention' in the sub-article can only mean to the extent of the contravention of the rights conferred under that part. Rights do not exist in vacuum. They must always inhere in some person whether natural or juridical and, under Part III, they inhere even in fluctuating bodies like linguistic or religious minorities or denominations, State of Gujarat v. Ambica Mills Ltd., AIR 1974 SC 1300: (1974) 4 SCC 656: (1974) 3 SCR 760...
Churchways
Churchways, means customary rights of way must in the nature of things provide some form of access to a particular piece of private property. The commonest type not within the reports in a churchway. A customary churchway is a right of way in favour of the parishioners to go to and form the parish clash over the land of a private individual owner, and is enjoyed by the parishioners as a means of access to the parish church, Boteler v. Bristow, (1475) YB Trin 15 Edw 4, f 29, pl 7 per Bryan C.J....
Reasonable
Reasonable, has in law prima facie meaning of reasonable in regard to those circumstances of which the actor, called upon to act reasonably knows or ought to know, Gujarat Water Supply & Sewerage Board v. Unique Erectors (Gujarat) Pvt. Ltd., (1989) 1 JT SC 157: (1989) 39 ELT 493: AIR 1989 SC 973; Rena Drego v. Lalchand Soni, (1998) 3 SCC 341.Reasonable, has in law the prima facie meaning of reasonable in regard those circumstances of which the actor, called on to act reasonably, knows or ought to know, Rena Drego v. Lalchand Soni, (1998) 3 SCC 341.Means rational, according to dictate of reason and not excessive or immoderate. If something is not per se preposterous or absurd, it must he held to be reasonable. 'The action is called reasonable which an informed, intelligent, just minded, civilized man could rationally favour. The concept of reasonable-ness does not exclude notions of morality and ethics. In the circumstances of a given case consi-derations of morality and ethics may have...
Equitable claims and defences at Common Law
Equitable claims and defences at Common Law; The (English) Common Law Procedure Act, 1854 (ss 83-86), enabled any defendant to plead the facts which would entitle him, if judgment were obtained against him, to relief in Equity from such judgment on equitable grounds, by way of defence, and also enabled the plaintiff to avoid such defence by a replication upon equitable grounds. A plea on equitable grounds was good at Law only where an absolute and unconditional injunction wold be granted in Equity.The (English) Judicature Act, 1925, s. 36, and follow-ing sections, reproducing s. 24 of the (English) Judicature Act, 1873, has combined the jurisdiction of the Courts of Common Law and Equity so that legal and equitable remedies may be granted in the same Court but without affecting the nature of the rights. The object is to avoid multiplicity of actions and it does not confer a new jurisdiction (The James Westall, 1905, P., p. 51), and if there is any conflict or variance between the rules...
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