Post Obit - Law Dictionary Search Results
Home Dictionary Name: post obitPost-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....
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...
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
A bond in which the obligor in consideration of having received a certain sum of money binds himself to pay a larger sum on unusual interest on the death of some specified individual from whom he has expectations...
Obiter 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)...
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....
Post-dated cheque
Post-dated cheque, are not invalid, but the banker should not pay such a cheque if presented before the date it bears. If therefore, a cheque dated on a Sunday is presented on the previous business day, it should be returned with the answer post-dated. A post-dated cheque, however, if presented at or after its ostensible date, should be paid though the banker knows it to be post-dated, and even if it has been presented before the date and refused payment, Halsbury's Laws of England, 4th Edn., Vol. 3(1), p. 143.Means a cheque must not be post-dated, that is, dated after the day on which it is presented for payment to the drawee branch. Post-dated cheques present for more difficulties to the banker than antedated cheques. There are practical difficulties rather than legal ones ..... But a cheque is generally post-dated because the drawer does not expect to have the funds to meet it until that date arrives. It is a mandate to the banker to the effect that it should not be paid before that...
Post office
Post office, the expression 'post office' includes every house, building, room, carriage or place used for the purposes of the Post Office, and every letter-box provided by the Post Office for the reception of postal articles. [(Indian) Post Office Act, 1898 (6 of 1898), s. 2(h)]The Government service of the carriage of letters, first established in 1643. Regulated by statutes 7 Wm. 4 & 1 Vict. c. 33; 1 & 2 Vict. cc. 97, 98; 3 & 4 Vict. c. 96 (the Post Office (Duties) Act, 1840, which established penny postage), and many other Acts, which are consolidated by the Post Office Act, 1908, as amended by subsequent Acts. Besides its monopoly in respect of letters, telegraphs and wireless telegraphy (q.v.) and telephones (q.v.), it carries on the business of a carrier of parcels, a savings bank, life assurance, the transmission of money by postal orders and money orders, and pays old age pensions. See also (English) Post Office and Telegraph Act, 1920; (English) Post Office (Parcels) Act, 192...
Officiating continuously in a senior post
Officiating continuously in a senior post, the ex-pression 'officiated continuously in a senior post' in Rule 3(3)(b) of the Seniority Rules is to be constructed to mean holding a senior post on officiating basis prior to substantive appointment on such senior post. Since a person cannot be treated as officiating on a post after he has been substantively appointed on that post, the said expression cannot be construed as referring to the period of officiation subsequent to the date of substantive appointment, O.S. Singh v. Union of India, (1996) 7 SCC 37 (44). [I.P.S. (Regulation of Seniority) Rules, 1954]...
Permanent post
Permanent post, 'permanent post' means a post carrying a definite rate of pay sanctioned without limit of time. Fundamental Rule 9 (30) define 'temporary post' as a post carrying a definite rate of pay sanctioned for a limited time. G.R. Luthra v. Lt. Governor, AIR 1974 SC 1908 (1910): (1975) 3 SCC 258: (1975) 1 SCR 974.Permanent post, carries a definite rate of pay without a limit of time, Prem Bihari Lal Saxena v. State of Uttar Pradesh, AIR 1965 All 406; Makar Dhwaaj Pal v. Neera Yadav, (1994) 2 SCC 741....
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