Obiter Dicta - Law Dictionary Search Results
Home Dictionary Name: obiter dictaObiter dicta
Obiter dicta, in the course of the argument and decision of a case, not infrequently, many incidental questions arise which may be indirectly connected with the main question for considera-tion. The observations on such questions, whether they be casual or of collateral relevance are known as 'obiter dicta' or simply 'dicta', Marta Silva v. Piedade Cardozo, AIR 1969 Goa 94 (101). (CPC, 1908, Preamble)...
Obiter dictum
Obiter dictum, an opinion not necessary to a judgment. See DICTUM.An 'Obiter dictum' is an observation which is either not necessary for the decision of the case or does not relate to the material facts in issue, K. Jayarama Iyer v. State of Hyderabad, AIR 1954 Hyd 56.It is a remark made or opinion expressed by a judge in his decision upon a cause, 'by the way' -- that is, incidentally or collaterally, and not directly upon the question before the court, or it is any statement of law enunciated by the judge or court merely by way of illustration, argument, analogy, or suggestion ...... In the common speech of lawyers, all such extrajudicial expressions of legal opinion are referred to as 'dicta', or 'obiter dicta', these two terms being used interchangeably, Brief Making and the Use of Law Books, William M. Lile et al. 304 (3rd Edn., 1914)....
Friendly societies
Friendly societies, associations supported by subscription for the relief and maintenance of the members or their wives, children, relations, and nominees, in sickness, infancy, advanced age, widowhood, etc. by the Friendly Societies Act, 1875 (38 & 39 Vict. c. 60), various prior statutes regulating these societies were in whole or in part repealed, and the law consolidated and amended. Such societies may be formed for providing payments on birth of a member's child, or on death of a member, or for relief and maintenance of members and their husbands, wives, children, etc., in old age or sickness, the endowment of members at any age, the insurance of tools against fire, or of cattle, for working men's clubs, or for any other purpose authorized by the Treasury. Before any such society can be properly established, its rules must have been transmitted to and approved of by the central office for the registration of Friendly Societies. The Act was amended in 1876 by 39 & 40 Vict. c. 32 as ...
Obit
Obit [a corruption of the Latin obiit, or obivit, he died], a funeral solemnity or office of the dead; the anniversary office.The tenure of obit, or obituary, or chantry lands is taken away by 1 Edw. 6, c. 14, and 15 Car. 2, c. 9.Obit, means (1) A memorial service on the anniversary of a person's death (2) A record or notice of a person's death, an obituary, Black's Law Dictionary, 7th Edn., p. 1100....
Post-obit Bond
Post-obit Bond. A bond, conditioned to be void on the payment by the obligor of a sum of money upon the death of another person. in most cases the person upon whose death it is so payable is one from whom the obligor expects to derive some property. Post-obit bonds, and other securities of a like nature, are set aside, when made by heirs and expectants, as frauds upon the parents and other ancestors, unless the person dealing with such heir can prove satisfactorily that the stipulated payment is not more than a just indemnity for the hazard. Even the sale of a post-obit bond at public auction will not necessarily give it validity, or free it from the imputation of being obtained under the pressure of necessity. See BOND; EXPECTANT HEIR....
dicta
dicta pl of dictum ...
Judicia sunt tanquam juris dicta, et pro veritate accipiuntur
Judicia sunt tanquam juris dicta, et pro veritate accipiuntur [Lat.], Judgments are as it were the sayings of the law, and are received as truth....
Nuper obit
Nuper obit (he lately died), an abolished writ that lay for a sister and co-heir, deforced by her coparcener of lands or tenements, whereof their father, brother, or any other common ancestor died seised of an estate in fee simple, Fitz. N.B. 197....
Obitual
Of or pertaining to obits or days when obits are celebrated as obitual days...
Bond
Bond [fr. binda, band, bunden, A. S., to bind], a written acknowledgement or binding of a debt under seal. See DEED. No technical form of words is necessary to constitute a bond; see Gerrard v. Clowes, (1892) 2 QB 11; Strickland v. Williams, (1899) 1 QB 382. The person giving the bond is called the obligor, and he to whom it is given the obligee. A bond is called single (simplex obligatio) when it is without a penalty, but there is generally a condition added, that, if the obligor does or forbears from some act, the obligation shall be void, or else shall remain in full force, and the bond is then called a double or conditional one; see Dav. Prec. Vol. V., pt. Ii., p. 268. When a bond contains a penalty, which is generally double the amount of the principal sum secured, only the sum actually owing, with interest, can be recovered, and in no case can this exceed the amount appearing on the face of the bond. See 8 & 9 Wm. 3, c. 11, s. 8; Re Dixon, (1900) 2 Ch 561.Although it is unnecessa...
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