No Contest Clause - Law Dictionary Search Results
Home Dictionary Name: no contest clauseno contest clause
no contest clause : a clause inserted in a will that causes a legacy to be forfeited if the legatee challenges the will by bringing a will contest ...
contest
contest : to dispute or challenge through legal procedures [ a will] [kÄ n-test] n : a challenge brought through formal or legal procedures [boundary controversies or other s between states "Felix Frankfurter"] ;specif : will contest see also no contest clause ...
no contest
no contest : nolo contendere ...
no-action clause
no-action clause : a clause in an insurance contract providing that the insurer does not have to pay unless and until a judgment against the insured is obtained ...
Attestation Clause
Attestation Clause, the sentence subscribed to a written instrument signed by the witnesses to its execution, stating that they have witnessed it. Such a clause (in very precise terms)is always appended to a will formally prepared, the most common form being as follows:-Signed by the above-named and acknowledged by him as his will in the presence of us present at the same time, who at his request and in his presence and in the presence of each other, now subscribe our names as witnesses.It is expressly provided by s. 9 of the (English) Wills Act, 1837 (1 Vict. c. 26), that the signature of the testator, or of some other person by his direction, 'shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time,' and that 'such witnesses shall attest and shall subscribe the will in the presence of the testator'; but it is added that 'no form of attestation shall be necessary.' By Rule 4 of the (English) Probate (Non-Contentious) Rules, 1925,...
Contesting candidate and returned candidate
Contesting candidate and returned candidate, a returned candidate is one who has been elected and a contesting candidate is one who has not withdrawn his candidature under s. 37. In clause (a) of s. 82 the words 'he himself or any other candidate', 'any other candidate' there means any other contesting candidate, Har Swarup v. Brij Bhushan Swarup, AIR 1967 SC 836 (838): (1967) 1 SCR 342. [Representation of the People Act, 1951, s. 82(a)]...
Subject to war clause
Subject to war clause, this expression has not ac-quired any definite meaning and such stipulation being wholly vague, would have no significance. If any articles are delivered under a contract con-taining such a clause, no implication is to be derived from the delivery of the goods by one party or the payment made by the other consequent on such delivery, Bishop & Baxter Ltd. v. Anglo-Eastern Trading & Co. Ltd., (1994) 1 KB 12....
privileges and immunities clause
privileges and immunities clause often cap P&I&C 1 : a clause in Article IV of the U.S. Constitution stating that the citizens of each state of the U.S. shall be entitled to all the privileges and immunities of citizens of the other states 2 : a clause in Amendment XIV to the U.S. Constitution stating that no state shall make or enforce any law that abridges the privileges or immunities of the citizens of the U.S. called also privileges or immunities clause ...
Contest
Contest, the meaning of the word 'contest' is according to Black's Law Dictionary, to make defence to an adverse claim in a Court of law, to oppose, 'resist or dispute; to strive to win or hold: to controvert, litigate, call in question, challenge to defend. The contest continues right up to the final decision or, in other words the right to contest comes to an end only when a final decision is given one way or the other putting an end to the litigation between the parties with regard to the alienation, Darshan Singh v. Ram Pal Singh, 1992 Supp (1) SCC 191: AIR 1991 SC 1654. 1665, [Punjab Customs (Power to Contest) Act, (2 of 1920), s. 7]...
This clause shall not apply
This clause shall not apply, the phrase 'this clause shall not apply' in second proviso to Art. 311(2) are the keywords in the second proviso and govern each and every clause thereof. This phrase leaves no scope for any kind of opportunity to be given to a Government servant. It takes away both the right to have an enquiry held in which the Government servant would be entitled to a charge-sheet as also the right to make a representation on the proposed penalty. The phrase is mandatory and not directory, Union of India v. Tulsiram Patel, AIR 1985 SC 1416: (1985) 3 SCC 398: (1985) Supp 2 SCR 131...
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