Presume - Law Dictionary Search Results
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To assume or take beforehand esp to do or undertake without leave or authority previously obtained...
Duly notified stands
Duly notified stands, The expression 'duly notified stands' is not defined in the Act, but it is reasonable to presume that a duly notified stand must be one which is notified by the Transport Authority and by none other, T.B. Ibrahim v. Regional Transport Authority Tanjore, AIR 1953 SC 79: (1953) SCR 290....
Presumption of life or death
Presumption of life or death. Where a person is once shown to have been living, the law will in general presume that he is still alive, unless after a lapse of time considerably exceeding the ordinary duration of human life; but if there be evidence of his continued unexplained absence from home and of the non-receipt of intelligence concerning him for a period of seven years, the presumption of life ceases and he is presumed to be dead at the end of the seven yeas. But the law raises no presumption as to the time of his death and, therefore, if any one has to establish the precise time during those seven years at which such person died, he must do so by evidence, see Doe v. Nepean, (1833) B&Ad 86; Nepean v. Doe, (1837) 2 M&W 894; Re Rhodes, (1887) 36 Ch D 586. See also 18 & 19 Car. 2, c. 11, by which the person on whose life a lease for lives depends is accounted dead if not proved alive after an absence of seven years, and the lessee may be ejected, with the proviso, however, that if...
Marriage
Marriage. Marriage as understood in Christendom is the voluntary union for life of one man and one woman, to the exclusion of all others, Hyde v. Hyde, 1866 LR 1 P&D 130. Where a marriage in a foreign country complies with these requirements it is immaterial that under the local law dissolution can be obtained by mutual consent or at the will of either party with merely formal conditions of official registration, and it constitutes a valid marriage according to English law, Nachimson v. Nachimson, 1930, P. 217. Previous to 1753 the validity of marriage was regulated by ecclesiastical law, not touched by any statutory nullity but modified by the Common law Courts, which sometimes interfered with the Ecclesiastical Courts, by prohibition, sometimes themselves decide on the validity of a marriage, presuming a marriage in fact as opposed to lawful marriage. A religious ceremony by an ordained clergyman was essential to a lawful marriage, at all events for dower and heirship; but if in an i...
Negative
Negative. In general a negative cannot be proved or testified by witnesses, 2 Inst. 662. But this rule does not apply where one party charges another with a culpable omission or breach of duty; in such a case the person who makes the charge is bound to prove it, though it may involve a negative, for it is one of the first principles of justice not to presume that a person has acted illegally till the contrary is proved. Where the presumption of law is in favour of a defendant, then the plaintiff must disprove the defence, though he may have to prove a negative.In summary proceedings any exception, etc., may be proved by the defendant, but need not be negatived in the information, Summary Jurisdiction Act, 1879, s. 39 (2); 1 Phil. Evid. c. vii., s. 4. [Or. 14, r. 6, CPC]....
Presumption of fact
Presumption of fact, is an inference as to the existence of one fact from the existence of some other facts, unless the truth of such inference is disproved. Presumption of fact is a rule in law of evidence that a fact otherwise doubtful may be inferred from certain other proved facts. When inferring the existence of a fact from other set of proved facts, the court exercises a process of reasoning and reaches a logical conclusion as the most probable position. The above principle has gained legislative recognition in India when s. 114 is incorporated in the Evidence Act. It empowers the court to presume the existence of any fact which it thinks likely to have happened. In that process the court shall have regard to the common course of natural events, human conduct etc. in relation to the facts of the case, State of West Bengal v. Mir Mohd. Omar, (2000) 8 SCC 382 (392). (Evidence Act, 1872, s. 114)...
Graveyard
Graveyard, Under the Mahomedan Law the graveyards may be of two kinds - a family or private graveyard and a public graveyard. A graveyard is a private one which is confined only to burial of corpses of the founder, his relations or his descendants. In such a burial ground no person who does not belong to the family of the founder is permitted to be bury to his dead. On the other hand if any member of the public is permitted to be buried in a graveyard and this practice grows so that it is proved by instances adequate in character, number and extent, then the presumption will be that the dedication is complete and the graveyard has become a public graveyard where the Mahomedan public will have the right to bury their dead. It is also well settled that a conclusive proof of the public graveyard is the description of the burial ground in the revenue records as a public graveyard, Syed Mohd. Salie Labbai v. Mohd. Hanifa, AIR 1976 SC 1569 (1584): (1976) 4 SCC 780: (1976) 3 SCR 721.Once a Ka...
Presumption of fact and presumption in of law
Presumption of fact and presumption in of law, presumptions are of three types: (1) Permissive presumptions or presumptions of fact. (2) Com-pelling presumptions or resumption of law (rebuttable). (3) Irrebuttable presumption of law or 'conclusive proof'. Classes (i), (ii) and (iii) are indicated in clauses (1), (2) and (3) respectively, of s. 4, Evidence Act. 'Presumptions of fact' are infer-ences of certain fact patterns drawn from the experience and observation of the common course of nature, the constitution of the human mind, the springs of human action, the usages and habits of society and ordinary course of human affairsS. 114 is a general s. dealing with presumptions of this kind. It is not obligatory for the Court to draw a presumption of fact. In respect of such pre-sumptions, the Act allows the judge a discretion in each case to decide whether the fact which under s. 114 may be presumed has been proved by virtue of that presumption. In case of a 'Presumption of Law' no discr...
Nemo pr'sumitur malus
Nemo pr'sumitur malus, (No one is presumed to be bad.)...
Necessaries
Necessaries, a relative term, not strictly limited to such things as are absolutely requisite for support and subsistence, but to be construed liberally, and varying with the state and degree, the rank, fortune, and age of the person to whom they are supplied, Wharton v. Mackenzie, (1845) 5 QB 606. It has often been held that an infant is bound to pay a reasonable price for such necessary things as relate to his maintenance and education--as food, lodging, apparel, medical attendance, schooling and instruction--unless credit be given solely to the parent, which is presumed to be the fact it if appears that the infant was placed at school or is supported by him: see Co. Litt. 172 a; Ryder v. Wombwell, (1868) LR 4 Ex. 32; Barnes v. Toye, (1884) 13 QBD 410; Roberts v. Gray, (1913)1 KB 520; and INFANT.Where 'necessaries,' that is, goods suitable to the condition in life' of an infant, 'and to his actual requirements at the time of the sale and delivery,' 'are sold and delivered to an infan...
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