Obtainer - Law Dictionary Search Results
Home Dictionary Name: obtainer Page: 2Obtainable
Capable of being obtained...
Obtainment
The act or process of obtaining attainment...
Obtainer
One who obtains...
Cause of action
Cause of action, a cause of action is a bundle of facts which are required to be pleaded and proved for the purpose of obtaining relief claimed in the suit. For the aforementioned purpose, the material facts are required to be stated but not the evidence except in certain cases where the pleading relied on any misrepresentation, fraud, breach of trust, wilful default or undue influence, Liverpool & London S.P. & I Assocn. v. M.V. Sea Success, (2004) 9 SCC 512 (562). [Civil Procedure Code, 1908, O. 7, R. 11(9)]--It is only that court in whose jurisdiction the 'cause of action' did arise will have Jurisdiction to entertain an application either under section 9 or under section 11 of the Act (Arbitration and Conciliation Act, 1996); Indian Iron and Steel Company Ltd. Kolkata v. Tiwari Roadlines, Hyderabad, AIR 2006 AP 1.Means every fact which it is necessary to establish to support a right to obtain a judgment, Prem Chand Vijay Kumar v. Yashpal Singh, (2005) 4 SCC 417.Is a bundle of facts...
Executor
Executor. A person appointed by a testator to carry out the directions and requests in his will, and to dispose of the property according to his testamentary provisions after his decease.One who performs or carries out some act, Black's Law Dictionary, 7th Edn., p. 591.The leading duties and responsibilities of an executor may be thus classed:-(1) He will not be allowed as against creditors extravagant funeral expenses if the testator died insolvent; and if he neglects to secure the property, and loss ensue, he will be personally liable for a devastavit, but will not be responsible for mere neglect to take out probate (Re Stevens, (1898) 1 Ch 162). See DEVASTAVIT.(2) By operation of law by virtue of his office he takes a title to the personal property of the testator which vests him with full power ovr the testator's chattels, Attenborough v. Solomon, 1913 AC 76, and by Administration of Estates Act, 1925, s. 1, extending and amending the Land Transfer Act, 1897, real property devolves...
Marriage
Marriage. Marriage as understood in Christendom is the voluntary union for life of one man and one woman, to the exclusion of all others, Hyde v. Hyde, 1866 LR 1 P&D 130. Where a marriage in a foreign country complies with these requirements it is immaterial that under the local law dissolution can be obtained by mutual consent or at the will of either party with merely formal conditions of official registration, and it constitutes a valid marriage according to English law, Nachimson v. Nachimson, 1930, P. 217. Previous to 1753 the validity of marriage was regulated by ecclesiastical law, not touched by any statutory nullity but modified by the Common law Courts, which sometimes interfered with the Ecclesiastical Courts, by prohibition, sometimes themselves decide on the validity of a marriage, presuming a marriage in fact as opposed to lawful marriage. A religious ceremony by an ordained clergyman was essential to a lawful marriage, at all events for dower and heirship; but if in an i...
Waging war
Waging war, means and can only mean 'waging war in the manner usual in war'. In order to support a conviction on such charge, it is not enough to show that the persons charged have continued to obtain possession of an armoury and have, when called upon to surrender it, used the rifles and ammuni-tion so obtained against the King's troops, Mir Hasan Khan v. State, AIR 1951 Pat 60.The expression 'waging war' means and can only mean waging war in the manner usual in war. In other words, in order to support a conviction on such a charge it is not enough to show that the persons charged have contrived to obtain posses-sion of armoury and have, when called upon to surrender it, used the rifles and ammunition so obtained against the government troops. It must also be shown that the seizure of the armoury was part and parcel of a planned operation and that their intention in resisting the troops of the Government was to overwhelm and defeat these troops and then to go on and crush any further ...
discovery
discovery pl: -er·ies 1 : the act or process of discovering 2 : something discovered [applied for a patent for the ] 3 a : the methods used by parties to a civil or criminal action to obtain information held by the other party that is relevant to the action see also deposition, interrogatory, request for production b : the disclosure of information held by the opposing party in an action [a party may obtain of the existence and contents of any insurance agreement "Federal Rules of Civil Procedure Rule 26(b)(2)"] see also privilege, work product doctrine NOTE: Discovery allowed under Federal Rule of Civil Procedure 26 is far-reaching. With some exceptions, a party may obtain discovery of any relevant information as long as it is not privileged, including information that itself would not be admissible at trial but that is likely to lead to the discovery of admissible evidence. Criminal discovery, however, has been more controversial. Under Federal Rule of Criminal Procedure ...
Adultery
Adultery [ad. Lat., and alter, another person], anciently termed Advowtry (quasi ad alterius thorum). The sin of incontinence between two married persons, or it may be where only one of them is married, in which case it may be called single adultery to distinguish it from the other, which has sometimes been called double.By the (English) Matrimonial Causes Act, 1857, which created a Court for Divorce and Matrimonial Causes (superseding the Ecclesiastical Court) which would grant to the innocent party a divorce a mensa et thoro on the ground of the other's adultery, a husband could obtain a dissolution of his marriage (before that Act, only obtainable and not infrequently obtained by a private Act of Parliament) upon the ground of his wife's adultery, and a wife could obtain a judicial separation on the ground of her husband's adultery, or a dissolution of marriage on the ground of his adultery coupled with cruelty or desertion or bigamy, or of his incestuous adultery, provided there be...
Credit-brokerage
Credit-brokerage, means the effecting of introduc-tions (a) of individuals desiring to obtain credit to persons carrying on any business so far as it relates to the provision of credit; or (b) of individuals desiring to obtain goods on hire to persons carrying on a business which comprises or relates to the bailment of goods under a contract for the hire of goods; or (c) of individuals desiring to obtain credit, or to obtain goods on hire, to other credit-brokers, Supply of Goods and Services Act, 1982, s. 18(1) (UK), Halsbury's Laws of England, Vol. 2, para 1855, p. 873...
- << Prev.
- Next >>