Positive Testimony - Law Dictionary Search Results
Easement
Instances of easements are rights of way, light, support, or flow of water. Easements have been classified as positive, such as a right of way, or for advertisement, a pew or grave, or negative, such as light, … person during that period who could have dedicated the way absolutely, it was held that there was no evidence that the way had not been dedicated before living memory and the grant was presumed, Williams & Ellis
Mahr (dower)
being the nature of the dower (mahr), the rules which regulate its payment are necessarily affected by the position of a married woman under the Muhammadan law. Under that law marriage does not make her property the … 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,
Arbitration
final judge of law and facts; he is bound by the rules of law, and occupies a judicial position [re Enoch, (1910) 1 KB 327], and cannot award anything contrary thereto. It is, however, the recognized practice … of the award (see that title). An award cannot be set side for being against the weight of evidence or, generally, for misreception of evidence. An award may always be enforced by action or in certain cases
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Publication
Williams, (1888) 1 TLR 572. The third party to whom the matter is published may be in the position of a servant or clerk, Edmondson v. Birch & Co., (1907) 1 KB 371, but see Osborn v. … imposed are complied with (ibid., ss. 49 and 59, as amended by the Act of 1932). Publication of evidence in Chancery is no longer practised, as all parties attend the examination of witnesses. Publication of a citation
trust
distributions) express trust : a trust intentionally created by the settlor ;specif : a trust created by a positive act of the settlor and set down in writing that expresses the intention to create a trust, identifies … shares retain the equitable title and continue to receive dividends and other distributions. They also receive certificates as evidence of their interest in the trust, which provides the holder with the rights of a shareholder except for
Costs
of Right Act, 1860 (23 & 24 Vict. c. 34), s. 12] and in revenue cases, where the position is as between subject and subject. See R. v. Archbishop of Canterbury, (1902) 2 KB 571; Thomas v. … properly incurred by him in carrying on the prosecution, and to compensate any person properly attending to give evidence for the prosecution or defence, or called to give evidence at the instance of the court, for the
Falsely charges
charge must, therefore be made initially to a person in authority or to someone who is in a position to get offender punished by appropriate proceedings. In other words, it must be embodied either in a complaint … Falsely charges, The expression 'falsely charges' in this section, cannot mean giving false evidence as a prosecution witness against an accused person during the course of a criminal trail. 'To falsely charge'
Estoppel
he might have rejected or contested. This doctrine is obviously a branch of the rule against assuming inconsistent positions (American Jurisprudence, 2nd Edn., Vol. 28, 1996, p. 67). … (1972) 1 SCC 857: AIR 1972 SC 1311: (1972) 3 SCR 711. Estoppel is but a rule of evidence and except is cases like those under s. 43 of the Transfer of Property Act, when a grant
Desertion
physical act of departure by one spouse does not necessarily make that spouse the deserting party. The legal position has been admirably summarized in paras 453 and 454 at pp. 241 to 243 of Halsbury's Laws of … v. Houghton, 1903, P. 150. Adultery by a husband after some years' separation by mutual consent is not evidence of desertion, and a wife without cause refusing marital intercourse cannot allege 'desertion' by the husband 'without reasonable
Alien
the commendation of Courts of Summary Jurisdiction. Reference should be made to the above-mentioned Acts. As to the position of an alien residing within the realm who violates the local allegiance which he owes to the Crown, … status of married women and infant children, loss of British Nationality, the status of aliens, and procedure and evidence. The effect of the Act is shortly as follows: By s. 1 the following persons are deemed natural-born
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