Purport - Law Dictionary Search Results
Home Dictionary Name: purportPurport
Purport, has many shades of meanings. It means fictitious, what appears on the face of the instrument, the apparent and not the legal import and, therefore, any act which purports to be done within that power notwithstanding that the power is not exercisable ... ..... Purporting is, therefore, indicative of what appears on the face of it or is apparent even though in law it may not be so, Azimunnissa v. Dy. Custodian, AIR 1961 SC 365.Means outward appearance, guise, as conveying an impression etc., Travancore Devaswan Board v. Krishnan, (1980) Ker LT 787.The word 'purport' has many shades of meaning. It means fictitious, what appears on the face of the instrument; the apparent and not the legal import and therefore any act which purports to be done in exercise of a power is to be deemed to be done within that power notwithstanding that the power is not exercisable, Dicker v. Angerstein, 3 Ch D 600 (603). Purporting is therefore give of what appears on the face of it or is apparent even...
Act purporting to be done in official capacity
Act purporting to be done in official capacity, The words 'act purporting to be done in official capacity' have been construed to apply to non-feasance as well as to misfeasance. The word 'act' extends to illegal omissions, see Prasaddas v. Bennerjee, ILR (1930) 57 Cal 1127. No distinction can be made between acts done illegally and in bad faith and acts done bona fide in official capacity. See Bhagchand Dagadusa's case. S. 80 of the Code of Civil Procedure therefore is attracted when any suit is filed against a public officer in respect of any act purporting to be done by such public officer in his official capacity, State of Maharashtra v. Shri Chander Kant, AIR 1977 SC 148 (150): (1977) 1 SCR 933: (1977) 1 SCC 257. (M.P. Public Truts Act, 1951, s. 8)...
Purporting or professing to be done
Purporting or professing to be done, means an expression 'purporting or professing to be done' in s. 142, Calcutta Port Act, cannot be interpreted to exclude acts, which are either improper or even male fide. Even if in the discharge of the statutory duties, any loss of goods occurs, whether by a mala fide act on the part of someone or other serving under the administration or otherwise that by itself would not take the case out of the provisions of the section, Basanta Lal v. Commissioner for the Port of Calcutta, 1951 Cal 466....
Purporting to be done
Purporting to be done, connotes that the act was such as could ordinarily be done by the person in the ordinary course of his official duty, and the person doing it reasonably considered himself to be doing it, within his capacity as such, Shyam Manohar v. Fourth Additional District and Sessions Judge, AIR 1978 All 238.Purporting to be done, under the Act will not include an act which is wholly outside the provisions of the Act and thus, ultra vires, Municipal Committee v. Meghraj, AIR 1966 MP 104....
Purporting to act
Purporting to act, protects against a claim not only based on breach of a statutory duty but alsobased on omission to perform a statutory duty, Commissioners for the Port of Calcutta v. Abdul Rahim Oosman & Co., (1964) 68 Cal WN 814....
Forgery
Forgery [fr. forger, Fr.; or fingo, Lat.], the crimen falsi, or the false making or alteration of an instrument, which purports on the face of it to be good and valid for the purposes for which it was created, with a design to defraud. The forged instrument must be false in itself. The mere subscribing a note, given as the party's own, by a fictitious name, was held not to be forgery, Reg. v. Martin, (1879) 5 QBD 34.The act of fraudulently making a false document or altering a real one to be used as if genuine, Black's Law Dictionary, 7th Edn., p. 661.Forgery at Common Law was a misdemeanour but most forgeries have been made felony by statute. Many of these statutes were consolidated by 11 Geo. 4 & 1 Wm. 4, c. 66, repealed and replaced by the Forgery Act, 1861 (24 & 25 Vict. c. 98), but the law now principally depends on the Forgery Act, 1913 (3 & 4 Geo. 5, c. 27, 'an Act to consolidate, simplify and amend the law relating to forgery and kindred offences.' It repeals such portions of s...
Instrument
Instrument [instrumentum, Lat., fr. instruo, to prepare or provide], a formal legal writing-e.g., a record, charter, deed or transfer, or agreement. By s. 205(1)(viii.) of the (English) Law of Property Act, 1925, 'Instrument' (for the purposes of the Act) 'does not include a Statute, unless the Statute cre-ates a Settlement.' See also Settled Land Act, 1925,s. 117; see also TRUST INSTRUMENT; VESTING INSTRUMENT. A telegram and an envelope with a falsified postmark have been held to be 'instruments' within the meaning of the Forgery Act, 1861, s. 38, now replaced by s. 7, (English) Forgery Act, 1913 [R. v. Riley, (1896) 1 QB 309; R. v. House, 28 TLR 186]; also an engine.Includes every document by which any right or liability is, or purports to be, created, transferred, modified, limited, extended, suspended, extinguished or recorded. [Notaries Act, 1952 (53 of 1952), s. 2 (b)]Includes every document by which any right or liability is, or purports to be created, transferred, limited, exte...
Bill of Exchange
Bill of Exchange. Defined in the (English) Bills of Exchange Act, 1882 (45 & 46 Vict. c. 61), s. 3, as an 'unconditional order in writing, addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand or at a fixed or determinable future time a sum certain in money to or to the order of a specified person, or to bearer.'It is a chose in action, but, for the encouragement of commerce, it is assignable, at Common Law, by mere endorsement, so that very many names are frequently attached to one bill as endorsers, and each of them is liable to be sued upon the bill, if it be not paid in due time. the person who makes or draws the bill is called the drawer, he to whom it is addressed is, before acceptance, the drawee, and after accepting it, the acceptor; the person in whose favour it is drawn is the payee; if he endorse the bill to another, he is called the endorser, and the person to whom it is thus assigned or negotiated ...
King's printer
King's printer has the liberty of printing the Bible, Prayer Book, Statutes, and Acts of State, to the exclusion of all other presses, except those of the two universities, and by 56 & 57 Vict. c. 66, all (English) Statutory Rules. By the Evidence Act, 1845 (8 & 9 Vict. c.113), s. 3, all copies of private, local, and personal Acts of Parliament, not public Acts, if purported to be printed by the Queen's printers, and all copies of the journals of either House of Parliament, and of royal proclamations purporting to be printed by the printers to the Crown, or by the printers to either House of Parliament, or by any or either of them, shall be admitted as evidence thereof by all Courts, etc., without any proof being given that such copies were so printed, and see 45 & 46 Vict. c. 9, and 7 Edw. 7, c. 16, as to colonial and dominion Acts and Orders....
Ratification
Ratification, confirmation. 'A contract of agency may also be created by ratification. Where A. purports to act as agent for B., either having no authority at all or having no authority to do that particular act, the subsequent adoption by B. of A.'s act has the same legal consequences as if B. had originallyauthorised the act. But there can be no ratification unless A purported to act as agent, and to act for B.; and in such a case B alone can ratify. Nor can there be any binding ratification of any agreement which was originally void' (Odgers on the Common Law), or where the principal was not in existence at the time of the act, either in fact or in the contemplation of law as in the case of persons such as trustees in bankruptcy or personal repre-sentatives who acquire title by relation, Kelner v. Baxter, LR 2 CP 174; and see also NOTICE TO QUIT. Omnis ratihabitio retrotrahitur et mandato 'quiparatur (Co. Litt. 207 a). As to the ratification of contracts by infants, see the Infants ...
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