Presume - Law Dictionary Search Results
Home Dictionary Name: presume Page: 2 Page 2 of about 159 results (0.002 seconds)Presumption of survivorship
Presumption of survivorship. Where two or more persons perish by the same calamity, the Civil Law presumes that the stronger survived. The common law of England recognized no such presumption, but by the Law of Property Act, 1925, s. 184, in all questions affecting title to property upon deaths in similar circumstances after 1925, the younger is presumed to have survived, subject to any order of the Court See COMMORIENTES....
Omnia pr'sumuntur solemniter [or rite] esse acta
Omnia pr'sumuntur solemniter [or rite] esse acta. Co. Litt. 6, (All things are presumed to have been done rightly.) Similarly, Omnia pr'sumuntur rite et solemniter esse acta donec probetur incontrarium. Co. Litt. 232, (All things are presumed to have been rightly and duly performed until it is proved to the contrary.) See also AIR 1930 Cal 228....
Hindu
Hindu, The historical and etymological genesis of the word 'Hindu' has given rise to a controversy amongst ideologists; but the view generally accepted by scholars appears to be that the word 'Hindu' is derived from the river Sindhu otherwise known as Indus which flows from the Punjab. 'That part of the great Aryan race', says Monier Williams, 'which immigrated from Central Asia, through the mountain passes into India, settled first in the districts near the river Sindhu (now called the Indus). The Persians pronounced this word Hindu and named their Aryan brethren Hindus. The Greeks, who probably gained their first ideas of India from the Persians, dropped the hard aspirate, and called the Hindus 'Indoi'. ('Hindulsm' by Monler Williams, p.1.)'. The Encyclopedia of Religion and Ethics, Vol. VI, has described 'Hinduism' as the title applied to that form of religion which prevails among the vast majority of the present population of the Indian Empire (p. 686). As Dr. Radhakrishnan has obs...
Rasure, or Erasure
Rasure, or Erasure, the act of scraping or shaving.Means the scraping or shaving of a document's surface to remove the writing from it, Black's Law Dictionary, 7th Edn., 1268.Rasure of a deed, so as to alter it in a material part, without consent of the party bound by it, etc., will make the same void, and if it be rased in the date after delivery, it is said it goes through the whole. Where a deed by rasure, addition, or alteration becomes no deed, the defendant may plead non est factum, 5 Rep. 23, 119.A rasure or interlineation in a deed is presumed, in the absence of rebutting evidence, to have been made at or before its execution, but in a will it is presumed to have been made after its execution. See INTERLINEATION....
Bonded labour system
Bonded labour system, means the system of forced, or partly forced, labour under which a debtor enters, or has, or is presumed to have, entered, into an agreement with the creditor to the effect than,-(i) in consideration of an advance obtained by him or by any of his lineal ascendants or descendants (whether or not such advance is evidenced by any document) and in consideration of the interest, if any, due on such advance, or(ii) in pursuance of any customary or social obligation, or(iii) in pursuance of an obligation devolving on him by succession, or(iv) for any economic consideration received by him or by any of his lineal ascendants or descendants, or(v) by reason of his birth in any particular caste or community,- he would-(1) render, by himself for through any member of his family, or any person dependent on him, labour or service to the creditor, or for the benefit of the creditor, for a specified period or for an unspecified period, either without wages or for nominal wages, o...
Adequate consideration
Adequate consideration, The condition regarding adequate consideration would not apply to a gift, as a gift is a transfer without consideration, Kumari Sonia Bhatia v. State of U.P., AIR 1981 SC 1274: (1981) 2 SCC 585. [Contract Act, 1872, s. 2(b) (9 of 1872)]In the absence of a definition of the phrase 'adequate consideration', the common parlance meaning of the term has to be accepted. A reference to the decision of Hidayatullah, J. as he then was in Tulsidas Kilachand v. CIT shows that the words 'adequate consideration' were held to denote consideration other than mere love and affection which, in the case of a wife, may be presumed. When the law insists that there should be 'adequate consideration' and not good consideration , it excludes mere love and affection, Major V. P. Singh v. State of Uttar Pradesh, 1991 Supp (2) SCC 346 (347): AIR 1991 SC 1502. [U.P. Imposition of ceiling on Land Holdings Act, 1960, s. 5(6) Proviso(b) second clause]The words 'adequate consideration' clearl...
Act of God
Act of God, a direct, violent, sudden, and irresistible act of nature, which could not, by any reasonable care, have been foreseen or resisted, see Nugent v. Smith, (1876) 1 CPD 423. The general rule is that where the law creates a duty and the party is disabled from performing it, without any default of his own, by the act of God or the King's enemies, the law will excuse him; but when a party by his own contract creates a duty he is bound to make it good, notwithstanding any accident by inevitable necessity, Nichols v. Marsland, (1876) 2 Ex D 4. See also Common Carrier, tit. CARRIER.Accidental fire is not an act of God which can be traced to natural causes, Patel Roadways Ltd. v. Birla Yamaha Ltd., (2000) 4 SCC 91.Means an overwhelming, unpreventable event caused exclusively by forces of nature, such as an earthquake, flood, or tornado. The definition has been statutorily broadened to include all natural phenomena that are exceptional, inevitable, and irresistible, the effects of whi...
means test
means test Section 707(b)(2) of the Bankruptcy Code applies a "means test" to determine whether an individual debtor's chapter 7 filing is presumed to be an abuse of the Bankruptcy Code requiring dismissal or conversion of the case (generally to chapter 13). Abuse is presumed if the debtor's aggregate current monthly income (see definition above) over 5 years, net of certain statutorily allowed expenses, is more than (i) $10,000, or (ii) 25% of the debtor's nonpriority unsecured debt, as long as that amount is at least $6,000. The debtor may rebut a presumption of abuse only by a showing of special circumstances that justify additional expenses or adjustments of current monthly income. Source: Administrative Office of the U.S. Courts ...
damage
damage [Old French, from dam injury, harm, from Latin damnum financial loss, fine] 1 : loss or harm resulting from injury to person, property, or reputation 2 pl : the money awarded to a party in a civil suit as reparation for the loss or injury for which another is liable see also additur, cover, mitigate, remittitur compare declaratory judgment at judgment, injunction specific performance at performance NOTE: The trier of fact determines the amount of damages to be awarded to the prevailing party. More than one type of damages may be awarded for a single injury. actual damages : damages deemed to compensate the injured party for losses sustained as a direct result of the injury suffered called also compensatory damages consequential damages : special damages in this entry direct damages : damages for a loss that is an immediate, natural, and foreseeable result of the wrongful act compare special damages in this entry ex·em·pla·ry damages [ig-zem-plə-r...
Satisfaction
Satisfaction, legal compensation; the recompense for an injury done, or the payment of money due and owing. See ACCORD.The giving of something with the intention, express or implied, that it is to extinguish some existing legal or moral obligation, Black's Law Dictionary, 7th Edn., p. 1343.The doctrine of satisfaction of legacies, portions, and debts means the gift of a thing with the intention, either expressed or implied, that it is to be taken either wholly or partly in extinguishment of some prior claim or demand. Of course, it is open to a donor expressly to provide that his subsequent gift shall be a satisfaction of a prior demand, so as to prevent such donee from claiming both. With regard to implied or presumable satisfactions, they have been divided in to the three following classes:-(1) The satisfaction of legacies by portions, otherwise called the ademption of legacies. Upon this subject Lord Eldon laid down in Ex parte Pye, (1811) 18 Ves. 140; 2 W. & T.L.C., that 'where a p...
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