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Loss, the word 'loss' used in Railway Act can never mean loss to the owner, it means that the goods have disappeared in the course of transit and neither the railway nor the consignor nor the consignee re or is in a position to trace them, Union of India v. Sha Vastimull Harakchand, AIR 1959 Mys 13.The word 'loss' in the third clause of the 6th paragraph of art. III to the Act means and includes any loss caused to a shipper or a consignee by reason of the inability of the ship or the carrier to deliver part or whole of the goods, to whatever reason such failure may be due, East and West Steamship Co. v. S.K. Ramalingam Chettiar, AIR 1960 SC 1058: (1960) 3 SCR 820 [Carriage of Goods by Sea Act, 1925, Sch. Art III, Para 6, Cl. (3)]The word 'loss' is intended to mean and include every kind of loss to the owner of the goods--whether it is the whole of the consignment which is not delivered or part of the consignment which is not delivered and whether such non-delivery of the whole or part ...
Mahr (dower)
Mahr (dower), Mahr (dower) is neither dowry nor price for marriage: As explained in an old judgment by Justice Syed Mahmood, maher is 'not the exchange or consideration given by the man to the woman, but an effect of the contract imposed by law on the husband as a token of respect for its subject: the Woman'. Giving a correct appraisal of the concept of maher, the Privy Council once described it as 'an essential incident to the status of marriage'. On another occasion it explained that maher was a 'legal responsibility' of the husband. These judicial observations evidence a correct understanding of the Islamic legal concept of maher. Its substitute, a valid retirement, or by death, which by terminating the marriage, puts an end to all the contingencies to which it is exposed; and on the other hand the woman becomes entitled to it as soon as she has surrendered her person. Justice Mahmood has described the nature of mahr in Abdul Kadir Salima. According to him: Dower (mahr), under the M...
Morganatic marriage
Morganatic marriage. The lawful and inseparable conjunction of a man of noble or illustrious birth with a woman of inferior station, upon condition that neither the wife nor her children shall partake of the titles, arms, or dignity of the husband, or succeed to his inheritance, but be contented with a certain allowed rank assigned to them by the morganatic contract. But since these restrictions relate only to the rank of the parties and succession to property, without affecting the nature of a matrimonial engagement, it must be considered as a just marriage. The marriage ceremony was regularly performed; the union was indissoluble; the children legitimate. This connection was very usual in Europe; but there is not proof that the concubines of Charlemagne and the early kings of France were wives of this description, nor is there occasion to resort to that supposition in defence of their conduct, since the state of concubinage itself was little inferior to this in the public estimation;...
Sui juris
Sui juris [Lat.] (of his own right). A person who is neither a minor nor insane, nor subject to any other disability, is said to be sui juris.Sui juris [Lat. 'of one's own right; independent'] 1. Of full age and capacity 2. Possessing full social and civil rights, Black's Law Dictionary, 7th Edn., p. 1448...
Receiver
Receiver, is a person appointed for the collection or protection of property. He is appointed either by the court or out of court by individuals or corporations, Halsbury's Laws of England, 4th Edn., Vol. 39, p. 403, pp. 801.Receiver. (1) An officer appointed by the court to collect rents, etc., pending a suit. Receivers are appointed in actions for administration; in actions by mortgages or against trustees or executors; in actions between partners for winding up the partnership business, and in a great many other cases. (2) A mortgagee may also appoint a receiver of the mortgaged property, if empowered so to do by the mortgage deed or by separate instrument, without having to apply to the court; and by s.19 of the (English) Conveyancing Act, 1881, reproduced and extended to mortgages of certain incorporated hereditaments, such as rentcharges or annual income, by the (English) Law of Property Act, 1925, s. 101, in the case of a mortgage executed on or after the 1st January, 1882, the ...
Reditus siccus
Reditus siccus, a rent seck, or barren, the owner of which has neither seigniory nor reversion, nor any express power of distress reserved to him. See RENT....
Remoteness
Remoteness, want of close connection between a wrong and the injury, as cause and effect, whereby the party injured cannot claim compensation from the wrongdoer. Where the damage sustained by the plaintiff is neither the necessary nor the probable result of the defendant's conduct, nor such as can be shown to have been in his contemplation at the time, it will be excluded as too remote. Consult Maine on Damages, and see CAUSA CAUSANS. The term is also often used to signify an infraction of the rule against perpetuity, a limitation exceeding the prescribed limits being said to be 'void for remoteness.' See Law of Property Act, 1925, s. 163, and PERPETUITIES. Consult Gray on Perpetuities....
Residential premises
Residential premises, 'residential premises' are not only those which are let out for residential purposes nor does the expression cover all kinds of structures where humans may manage to dwell. The art of building is advanced far enough to make a building serve a residential, commercial or other use. Whatever is suitable or adaptable for residential uses, even by making some changes, can be designated 'residential accommodation', Busching Schmitz (P) Ltd. v. P.T. Menghani, AIR 1977 SC 1569 (1576): (1977) 2 SCC 835: (1977) 3 SCR 312.Residential premises are not only plots which are let out for residential purposes nor do all kinds of structures where humans may manage to dwell are residential. Use or purpose of the letting is no conclusive test. Whatever is suitable or adaptable for residential use, even by making some changes, can be designated residential premises, S.P. Jain v. Krishna Madan Gupta, AIR 1987 SC 222 (227): (1987) 1 SCC 191....
Resulting use
Resulting use, an implied use.A resulting use arose where the legal seisin was transferred, and no use was expressly declared, nor any consideration nor evidence of intent to direct the use; the use then remained in the original grantor, for it cannot be supposed that the estate was intended to be given away, and the statute immediately transferred the legal estate to such resulting use. The Statute of Uses has been repealed by the Law of Property Act, 1925...
Salic, or Salique
Salic, or Salique [lex salica, Lat.], an ancient and fundamental law of the kingdom of France, usually supposed to have been made by Pharamond, or at least by Clovis, in virtue of which males only are to reign.It is a popular error to suppose that the Salic law was established purely on account of the succession of the Crown, since it extended to private persons as much as to the royal family.The Salic law had not in view a preference of one sex to the other, much less had it a regard to the perpetuity of a family, a name, or the succession of land. It was purely a law of economy which gave the house, and the land dependent on the house, to the males who should dwell in it, and to whom it consequently was of more service.In proof of this, the title of allodial lands of the Salic law may be thus stated:-(1) If a man die without issue, his father or mother shall succeed him.(2) If he have neither father nor mother, his brother or sister.(3) If he have neither brother nor sister, the sist...
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