Person - Law Dictionary Search Results
Home Dictionary Name: person Page: 3Delectus person'
Delectus person' (the choice of a person). It is an established principle of the Common Law that, as a partnership can commence only by the voluntary contract of the parties, so, when it is once formed, no third person can be afterwards introduced into the firm without the concurrence of all the partners who compose the original firm. It is not sufficient to constitute the new relation that one or more of the firm shall have assented to his introduction; for the dissent of a single partner will exclude him, since it would, in effect, otherwise amount to a right of one or more of the partners to change the nature, and terms, and obligations of the original contract, and to take away the delectus person', which is essential to the constitution of a partner-ship. So stubborn, indeed, is this rule, that even the executors and other personal representatives of a partner do not, in that capacity, succeed to the state and condition of that partner. The Roman Law is directed to the same purpos...
Person accused of an offence
Person accused of an offence, only a person against whom a formal accusation of the commission of an offence has been made can be a person 'accused of an offence' within the meaning of Article 20(3). Such formal accusation may be specifically made against him in an FIR or a formal complaint or any other formal document or notice served on that person, which ordinarily results in his prosecution in court, Balkishan A. Devidayal v. State of Maharashtra, AIR 1981 SC 379: (1980) 4 SCC 600: (1981) 1 SCR 175....
Person having interest
Person having interest, means a disciple of the math or a person professing the Hindu religious or Sikh faith to which the math belongs, Mahant Sri Regunath Das v. Commissioner of Hindu Religious Endowment, (1986) 61 Cut LT 189 (Ori).The definition of the expression 'person having interest' in s. 2(10), (as amended in 1953) which is an inclusive one, and includes the suit brought by two or more trustees in the name of the idol, to recover possession of its property against a person holding it adversely to the trust from the purview of s. 50(ii) of the Act. That expression is wide enough to include not merely the beneficiaries of a temple, math, wakf etc. but also the trustees, Shree Gollaleshwar Dev v. Gangawwa Kom Shantayya Math, AIR 1986 SC 231: (1985) 4 SCC 393: (1985) Supp 3 SCR 646: (1986) Mah LR 220 (SC). [Bombay Public Trusts Act, 1950, s. 2 (10) 50 (ii) (a) and 51(1)]...
Person in-charge
Person in-charge, a person 'in-charge' must mean that the person should be in over-all control of the day to day business of the company or firm. When a partner in-charge of a business proceeds abroad it does not mean that he ceases to be in-charge, unless there is evidence that he gave up charge in favour of another person, Girdhari Lal Gupta v. D.N. Mehta, AIR 1971 SC 2162 (2163): (1971) 3 SCC 189: (1971) 3 SCR 748. [FERA, 1947, s. 23 (c) (2)]...
Person interested in Wakf
Person interested in Wakf, 'person interested in a wakf' means any person who is entitled to receive any pecuniary or other benefits from the wakf and includes, - (i) any person who has a right to worship or to perform any religious rite in a mosque, idgah, imambara, dargah, Khangah, makbara, graveyard or any other religious institution connected with the wakf or to participate in any religious or charitable institution under the wakf; (ii) the wakf and any descendant of the wakf and the mutawalli, Board of Muslim Wakfs v. Radha Kishan, AIR 1979 SC 289: (1979) 2 SCC 468: (1979) 2 SCR 148....
Person with disability
Person with disability, means a person suffering from any of the conditions relating to autism, cerebral palsy, mental retardation or a combination of any two or more of such conditions and includes a person suffering from severe multiple disability. [National Trust for Welfare of Persons with Austin Cerebral Palsy Mental Retardation and Multiple Disabilities Act, 1999 (44 of 1999), s. 2(j)]Means a person suffering from not less than forty per cent of any disability as certified by a medical authority. [Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 996), s. 2 (t)]...
Accused person
Accused person, The expression, 'accused person' in s. 24 of the Evidence Act, 1872 and the expression 'a person accused of any offence' have the same connotation, and describe the person against whom evidence is sought to be led in a criminal proceeding. It does not predicate a formal accusation against him at the time of making the statement sought to be proved, as a condition of its applicability, State of U.P. v. Deoman Upadhyaya, AIR 1960 SC 1125 (para 7): 1961 (1) SCR 14....
natural person
natural person : a human being as distinguished from a person (as a corporation) created by operation of law compare juridical person, legal person ...
Personal use
Personal use, means a close scrutiny of the context in which the expression occurs shows that only those effects can legitimately be said to be personal which pertain to the assessee's person; in other words, an intimate connection between the effects and the person of the assessee must be shown to exist to render the 'personal effects'. The enumera-tion of articles like wearing apparel, jewellery and furniture, mentioned by way of illustrations in the above definition of 'personal effects', also shows that the legislature intended only those articles to be included in the definition which were intimately and commonly used the assessee, Random House Dictionary of the English Language Unabridged Edn., p. 1075.Means article associated with person as property having more or less intimate relation to person of possessor, Black's Law Dictionary, 4th Edn., p. 1301....
personal
personal 1 : of, relating to, or affecting a person: as a : of, relating to, or based on the existence or presence of a person see also personal injury personal jurisdiction at jurisdiction b : of, relating to, or restricted to a natural person and his or her rights, obligations, affairs, assets, or lifetime [refused to disclose information] [released on recognizance] 2 : of, relating to, or constituting personal property [ effects] see also personal property at property compare real per·son·al·ly adv ...
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