Posit - Law Dictionary Search Results
Home Dictionary Name: posit Page: 2Positively
In a positive manner absolutely really expressly with certainty indubitably peremptorily dogmatically opposed to negatively...
Positivity
Positiveness...
Positive evidence
Positive evidence, proof of the very fact, opposed to negative evidence....
Sanctioned
Sanctioned, the word 'sanctioned' in s. 2(b) cannot be construed to mean sanctioned by the awardand not by the settlement, Union of India v. Majur Mahajan Mandal, (1977) 1 SCC 548: AIR 1977 SC 714 (719). [Additional Emoluments (Compulsory De-posit) Act (37 of 1974), s. 2(b)]...
Posit
To dispose or set firmly or fixedly to place or dispose in relation to other objects...
estoppel
estoppel [probably from Middle French estoupail plug, stopper, from estouper to stop up see estop ] 1 : a bar to the use of contradictory words or acts in asserting a claim or right against another ;esp : equitable estoppel in this entry compare waiver equitable estoppel : an estoppel that prevents a person from adopting a new position that contradicts a previous position maintained by words, silence, or actions when allowing the new position to be adopted would unfairly harm another person who has relied on the previous position to his or her loss called also estoppel in pais NOTE: Traditionally equitable estoppel required that the original position was a misrepresentation which was being denied in the new position. Some jurisdictions retain the requirement of misrepresentation. estoppel by deed : an estoppel precluding a person from denying the truth of any matter that he or she asserted in a deed esp. regarding his or her title to the property compare after-acquired title a...
Law
Law [fr. lage, lagea, or lah, Sax.; loi, Fr.; legge, Ital.; lex, fr. ligo, Lat., to bind], a rule of action to which men are obliged to make their conduct conformable. A command, enforced by some sanction, to acts or forbearances of a class: see Austin's Jurisprudence; 1 Bl. Com. 38. A principle of conduct may be observed habitually by an individual or a class. When sufficiently formulated or defined to be observed uniformly by the whole of a class it may become a custom; or it may be imposed on all individuals who consent or are unable to resist its application and the sanction or penalty which is imposed for non-compliance, and in that case it becomes a law. If, in addition, the law and its sanction are imposed by, or by authority of a sovereign, the law becomes 'positive' (see Austin's Jurisprudence). Short of positive law the principle may be called a moral or social law. Generally speaking, jurisprudence is concerned only with positive law, and law in its ordinary legal sense mean...
Office
Office, an employment, either judicial, municipal (see CORPORATE OFFICE), civil, military, or ecclesiastical.As to obtaining offices by desert only, the repealed 12 Ric. 2, c. 2, enacted that--The Chancellor, Treasurer, . . . the Justices of the one bench and the other, Barons of the Exchequer and all other that shall be called to ordain, name, or make justices of the peace, sheriffs, . . . or any other officer or minister of the King shall be firmly sworn that they shall not ordain name, or make justice of peace, sheriff . . . nor other officer or minister of the King for any gift or brocage, favour or affection: nor that none that pursueth by him or by other privily or openly to be in any manner of office shall be put in the same office or in any other; but that they make all such officers and ministers of the best and most lawful men, and sufficient to their estimation and knowledge.Officia magistratus non debent esse venalia, (The offices of a magistrate ought not to be saleable.)L...
Undue influence
Undue influence, Any influence, pressure, or domination in such circumstances that the person acting under that influence may be held not to have exercised his free and independent volition in regard to the act.As to gifts, see title SPIRITUALISM and Lyon v. Home, (1868) LR 6 Eq 655, and as to wills, see Parfitt v. Lawless, (1872) LR 2 P&M 462.In the case of benefits or advantages obtained in certain relationships, the existence of this influence is presumed, e.g., guardian and ward, a parent over a child upon or soon after attaining age and the possession of property, a guide or instructor, medical advisers, ministers or professors of religion, managers of business [Coomber v. Coomber, (1911) 1 Ch 174], attendants upon or advisers of aged and infirm people. In such cases, in regard to transactions inter vivos, the onus of proving absence of undue influence lies on the person claiming the benefit of the disposition or act, and in some cases, e.g., gifts by clients to their solicitors (...
Fiscal indicators
Fiscal indicators, means such indicators as may be prescribed in either absolutes (in Rupees Crore) or as proportions to the Gross State Domestic Product or other magnitudes for the fiscal indicators, Rajasthan Agricultural Produce Markets Act, 2005, s. 2(g).Means such indicators as may be prescribed for evaluation of the fiscal position of the State Government, Rajasthan Fiscal Responsibility and Budget Management Act, 2005, s. 2(g).Means the measures such as numerical ceilings and proportions to gross state domestic product, as may be prescribed, for evaluation of the fiscal position of the State Government, Gujarat Fiscal Responsibility and Budgetary Management Act, 2005, s. 2(d).Means the measures such as numerical ceilings, as may be prescribed, for evaluation of the fiscal position of the State Government, Maharashtra Fiscal Responsibility and Budgetary Management Act, 2005, s. 2(d).Means the measures such as numerical ceilings and proportion to gross domestic product, as may be ...
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