Recourse - Law Dictionary Search Results
Home Dictionary Name: recourse Page: 2 Page 2 of about 32 results ( seconds)Qualified Indorsement
Qualified Indorsement, an indorsement sans recours, i.e., without recourse to the indorser for payment, Byles on Bills, 11th Edn. 151....
Sans recours
Sans recours [Fr.] (without recourse to me). A bill of exchange may be so marked by the endorser or any other party (see Bills of Exchange Act, 1882, s. 16) apparently absolving him from liability as such party under the bill....
Restaur, or Restor
Restaur, or Restor, the remedy or recourse which assurers have against each other, according to the date of their assurances; or against the master, if the loss arise through his default, as through ill loading, want of caulking, or want of having the vessel tight; also, the remedy or rescourse a person has against his guarantee or other person who is to indemnify him from any damage sustained, Encyc. Londin....
Resumption
Resumption. 1. The taking again by the Crown of such lands or tenements, etc., as on false suggestion had been granted by letters-patent, Bro. Ab. 291.2. By agricultural landlord, before legal tenancy ended, of the tenant's land (generally in part only) for building, etc., purposes, making an abatement of rent and giving compensation for damage to crops. Notice to quit part only being invalid at common law, Doe v. Archer, (1811) 14 East, 245 this resumption has frequently to be specially stipulated for; but in many cases of yearly tenancy recourse may be had to s. 27 of the (English) Agricultural Holdings Act, 1923, by which:-Where a notice to quit is given by the landlord of a holding to a tenant from year to year with a view to the use of land for any of the following purposes:-(i) The erection of farm labourers' cottages or other houses with or without gardens;(ii) The provision of gardens for farm labourers' cottages, or other houses;(iii) The provision of allotments;(iv) The provi...
Material resources
Material resources, 'Material resources' is enshrined in art. 39(b) are wide enough to cover not only natural or physical resources but also movable or immovable properties. The mere fact that the resources are material will make no difference in the concept of the word 'resources'. Black's Law Dictionary defined the word recourses thus: Money or any property that can be converted to meet needs; means of raising money or supplies; capabilities of raising wealth or to supply necessary wants. The mere fact that the resources are material will make no difference in the concept of the word recourse. In Stroud's Judicial Dictionary (Vol. 3) at page, 1634, the word material is defined thus: Materials tools or implements, to be used by such artificer in this trade or occupation, if such artificer be employed in mining; wooden props or 'sprags' though neither 'tools or implements' were 'materials' within these words. 'Material' includes a painter's bucket of distemper and brush. In Webster's T...
Ubi cessat remedium ordinarium ibi decurritur ad extraordinarium
Ubi cessat remedium ordinarium ibi decurritur ad extraordinarium (4 co. 93), where a common remedy ceases, there recourse must be had to an extraordinary one....
Void and voidable
Void and voidable. There is this difference between these two words: void means that an instrument or transaction is so nugatory and ineffectual that nothing can cure it; voidable, when an imperfection or defect can be cured by the act or confirmation of him who could take advantage of it. Thus, while acceptance of rent will make good a voidable lease, it will not affirm a void lease. See NULL AND VOID.The expression 'void' has several facets. One type of void acts, transactions, decrees are those which are wholly without jurisdiction, ab initio void and for avoiding the same, no declaration is necessary, law does not take any notice of the same and it can be disregarded in collateral proceeding or otherwise. The other type of void act, e.g., may be transaction against a minor without being represented by a next friend. Such a transaction is a good transaction against the whole world. So far as the minor is concerned, if he decides to avoid the same and succeeds in avoiding it by takin...
Noting
Noting, when a promissory note or bill of exchange has been dishonoured by non-acceptance or non-payment, the holder may cause such dishonour to be noted by a notary public upon the instrument, or upon a paper attached thereto, or partly upon each.Such notes must be made within a reasonable time after dishonour, and must specify the date of dishonour, the reason, if any, assigned for such dishonour, or if the instrument has not been expressly dishonoured, the reason why the holder treats it as dishonoured, and the notary's charges. [Negotiable Instruments Act, 1881 (26 of 1881), s. 99]--The making of a memorandum or note on a bill of exchange by a notary which states that he has presented the bill for payment or acceptance, and that it has been dishonoured. It is usual, in cases of non-payment of bills of exchange, for London bankers, after six o'clock on the day upon which the bills fall due, to cause inland bills to be noted. The duty of a notary in protesting a bill consists in thre...
Error
Error. The name for recourse to the Court of Exchequer Chamber from any of the inferior tribunals, by reason of defects in the record, or to the House of Lords from the Exchequer Chamber; or to the King's Bench Division of the High Court in criminal cases. Proceedings in error were abolished by the (English) Jud. Act, 1875, Order VLIII., r. 1, except in criminal cases, appeal being substituted in civil cases.In criminal cases also writs of error are now abolished by s. 20(1) of the (English) Criminal Appeal Act, 1907. See, for the procedure, Rules 173-205 of the (English) Crown Office Rules of 1906.A psychological state that does not confirm to objective reality; a belief that what is false or that what is true is false, Black's Law Dictionary, 7th Edn....
Insurance
Insurance, see, Income-tax Act, 1961 (43 of 1961), s. 80C, Expl. 1.Insurance, the act of providing against a possible loss, by entering into a contract with one who is willing to give assurance, that is, to bind himself to make good such loss should it occur. In this contract, the chances of benefit are equal to the insured and the insurer. The first actually pays a certain sum, and the latter undertakes to pay a larger, if an accident should happen. The one renders his property secure; the other receives money with the probability that it is clear gain. The instrument by which the contract is made is called a policy; the stipulated consideration, a premium. As to what is known as a coupon policy, i.e., a coupon cut out of a diary, etc., see General Accident, etc., Assce. Corpn. v. Robertson, 1909 AC 404.Insurable Interest must be possessed by the person taking out a policy; he must be so circumstanced as to have benefit from the existence of the person or thing insured, and some preju...
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