Reasonable Requirement - Law Dictionary Search Results
Home Dictionary Name: reasonable requirement Page: 4Title, Covenants for
Title, Covenants for. In every conveyance of real or personal property expressed to be conveyed by the instrument of conveyance made on or after the 1st January, 1882, and in regard to assents by personal representatives, after 1925, of land, certain 'covenants for title' (being for the most part usually expressed in the conveyance before that date), of which the following is an abstract, are implied by virtue of the 7th s. of the (English) Conveyancing Act, 1881 (44 & 45 Vict. c. 41), replaced and extended by the (English) Law of Property Act, 1925, s. 76, and 2nd Sch., but in the following cases A and B the covenants are limited, while in cases C and D they are unqualified and absolute, see David v. Sabin, (1893) 1 Ch 523:-(A) In a conveyance for valuable consideration other than a mortgage by a person expressed to convey as beneficial owner:-That, notwithstanding anything done, omitted, etc., by the person conveying, or anyone through whom he derives title otherwise than by purchase...
b.f.o.q.
b.f.o.q. Short for the phrase "bona fide occupational qualification," in the employment discrimination context a B.F.O.Q. may absolve an employer from liability for discrimination when there is a legitimate reason to require, for example, that all of the employees working a particular job be of the same sex or age. The successful use of a B.F.O.Q. defense by an employer is rare in discrimination cases. ...
Froward
Not willing to yield or compIy with what is required or is reasonable perverse disobedient peevish as a froward child...
Praeligcipe
A writ commanding something to be done or requiring a reason for neglecting it...
Access
Access, approach, or the means of approaching. The presumption of a child's legitimacy is rebutted, if it be shown by strong, distinct, satisfactory, and conclusive evidence, see Atchley v. Sprigg, (1864) 33 LJ Ch 345, that the husband-whether before or after marriage-had not access to his wife within such a period of time before the birth, as admits of his having been the father. 'If a husband have access, although others, at the same time, are carrying on a criminal intimacy with his wife, a child born under such circumstances is still legitimate': per Alderson, J., in Cope v. Cope, (1833) 5 C&P 604. Neither husband nor wife is admissible as a witness to prove non-access, Goodright v. Moss, (1777) 2 Cowp p. 594. See also Poulett Peerage Case, 1903 AC 395, and Russell v. Russell, 1924 AC 687 see PATERNITY.An owner of land adjoining a highway has a right of access to it where the land adjoins for any kind of traffic required for the reasonable enjoyment of his property, Lyon v. Fishmon...
Dismissed
Dismissed, denotes both termination of service for misconduct by way of punishment and also termination of service simpliciter, Workers Employed in Hirakud Dam v. State of Orissa, (1971) 1 SCC 583: AIR 1971 SC 2242: (1971) 3 SCR 646.Power to dismiss an appeal in limine is a power which must be exercised sparingly and with great circumspection. One would think a conviction for murder and a sentence of imprisonment for life were serious enough matters for the High Court to warrant 'admission' of the appeal and fair and independent consideration of the evidence by the High Court. Summary rejection of the appeal with the laconic expression 'dismissed' seems to be a drastic step in such cases. To so reject an appeal is to practically deny the right of appeal. One cannot also overemphasise the importance of the High Court making a speaking order when dismissing a criminal appeal in limine. 'The requirement of recording reasons for summary dismissal, however concise, serves to ensure proper f...
Contemplation
Contemplation, affords a more accurate description of the required state of mind than the words foresight or reasonable foresight, Kaufos v. C Czarnikow Ltd., (1969) 1 AC 350....
Upon or on
Upon or on, may either mean before the act done to which it relates, or simultaneously with the act done, or after the act done, according as reason and good sense requires and after taking into consideration the context in which this word is used, R. v. Arkwright, 18 LJ QB 28....
Tolls under statute
Tolls under statute, is stated that highway and bridge tolls may be payable under statute. In the case of an independent statutory undertaking engaged in the maintenance of a bridge, the power to revise the amount of the tolls may be in the undertakers' discretion or the tolls may only be subject to requirement that they are to be reasonable in amount, Halsbury's Laws of England, 4th Edn., p. 97, para. 139....
Shadow of doubt
Shadow of doubt, in its practical application in circumstantial evidence, the test which requires the exclusion of other alternative hypothesis is far more rigorous than the test of proof beyond reasonable doubt, Shankarlal G. Dixit v. State of Maharashtra, AIR 1981 SC 765: (1981) 2 SCC 35: (1981) Cr LJ 325....
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