Pretensed Right - Law Dictionary Search Results
Home Dictionary Name: pretensed rightPretensed right
Pretensed right: where one is in possession of land, and another, who is out of possession claims and sues for it; here the pretensed right is said to be in him who so claims and sues, Mod. Cas. 302.By s. 2 of 32 Hen. 8, c. 9, no one might sell or purchase any title to land, unless the vendor had received the profits, or been in possession of the land, or of the reversion or remainder, for one whole year, on pain that both purchaser and vendor should each forfeit the value of such land to the King and the prosecutor; but a right of entry may be sold by virtue of the Real Property Act, 1845, s. 6, repealed by, and see now, Law of Property Act, 1925, s. 4 (2), and to recover under s. 2 of 32 Hen. 8, c. 9 (which is now repealed by s. 11 of the (English) Land Transfer Act, 1897 (now repealed)), it had to be shown that the buyer knew the title to be bad, Kennedy v. Lyell, (1885) 15 QBD 491....
false pretenses
false pretenses : false representations concerning past or present facts that are made with the intent to defraud another ;also : the crime of obtaining title to another's property by false pretenses compare larceny by trick at larceny, theft ...
Pretension
The act of pretending or laying claim the act of asserting right or title...
Pretense
The act of laying claim the claim laid assumption pretension...
Pretenseful
Abounding in pretenses...
Right
Right [fr. recht, Teut.; rectus, Lat. The application of the same word to denote a staight line and moral rectitude of conduct, has obtained in every language I know, Dugald teward], in its primitive sense, that which the law directs; in popular acceptation, that which is so directed for the protection and advantage of an individual is said to be his right, 1 Stark. Evid. 1, n. (b). It has been described as a liberty of doing or possessing something consistently with law, or more strictly, the liberty of the doing or possessing something for the infringement of which there is a legal sanction. It is often confused in the popular mind with licence of the doing of something which his not prohibited by law, however damaging the act may be to individuals or the community. See MALUM IN SE.A 'right' is a legally protected interest, Mithilesh Kumari v. Prem Behari Khare, AIR 1989 SC 1247 (1255): (1989) 2 SCC 95: (1989) 1 SCR 621.A 'right' is an averment of entitlement arising out of legal rul...
Legal right
Legal right, 'legal right' is a difficult concept, legal right in its strict sense is one which is an assertable claim, enforceable before Courts and administrative agencies; in its wider sense, a legal right has to be understood as any advantage or benefit conferred upon a person by a rule of law; there are legal rights which are not enforceable, though recognized by the law; there are rights recognised by the International Court, granted by international law; but not enforceable; a legal right is a capacity of asserting a secured interest rather than a claim that could be asserted in the Courts, Daniel Hailey Walcott v. State, AIR 1968 Mad 349 (355). (Penal Code, 1860, s. 30)It includes not only rights conferred by statute but also those which may be claimed independently of any statute, Anandrao Laxmanrao Mandloi v. Board of Revenue, AIR 1965 MP 237 (247) (FB).A legal right may be defined as an advantage or benefit conferred upon a person by a rule of law. Immunity in short is no li...
Right and legal right
Right and legal right, 'right' is an interest recog-nised and protected by moral or legal rules. It is an interest the violation of which would be a legal wrong. Respect for such interest would be a legal duty. That is how Salmond has defined the 'Right'. In order, therefore, that an interest becomes the subject of a legal right, it has to have not merely legal protection but also legal recognition. The elements of a 'Legal Right' are that the 'right' is vested in a person and is available against a person who is under a corresponding obligation and duty to respect that right and has to act or forbear from acting in a manner so as to prevent the violation of the right. If, therefore, there is a legal right vested in a person, the latter can seek its protection against a person who is bound by a corresponding duty not to violate that right, Mr. X v. Hospital Z, AIR 1999 SC 495 (499): (1998) 8 SCC 296...
Right to life
Right to life, the 'right to life' includes the right to livelihood. The sweep of the right of life conferred by Article 21 is wide and far reaching. It does not mean merely that life cannot be extinguished or taken away as, for example, by the imposition and execution of the death sentence, except according to procedure established by law. That is but one aspect of the right of life. An equally important facet of that right is the right to livelihood because, no person can live without the means of living, that is, the means of livelihood. If the right to livelihood is not treated as a part of the constitutional right to life, the easiest way of depriving a person of his right to life would be to deprive him of his means of livelihood to the point of abrogation. Such deprivation would not only denude the life of its effective content and meaningfulness but it would make life impossible to live. And yet, such deprivation would not have to be in accordance with the procedure established...
Civil rights
Civil rights, means any right accruing to a person by reason of the abolition of 'untouchability' by article 17 of the Constitution. [Protection of Civil Rights Act, 1955 (22 of 1955), s. 2 (a)]1. The individual rights of personal liberty guaranteed by the bill of rights as well as by legislation such as the voting Rights Act; civil rights include esp. the right to vote, the right of due process, and the right of equal protection of law, Black's Law Dictionary, 7th Edn., p. 240....
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