Right Whole - Law Dictionary Search Results
Home Dictionary Name: right wholePetition de droit (Petition of Right UK)
Petition de droit (Petition of Right UK), one of the Common Law methods of obtaining possession or restitution from the Crown of either real or personal property, or compensation in damages for breach of contract, the Crown not being liable to an ordinary action at the suit of a subject. It is said to owe its origin of Edward I.By the (UK) Petition of Right Act, 1860 (23 & 24 Vict. c. 34) (commonly called Bovill's Act), the procedure on a petition of right is assimilated as far as practic-able to the course of an ordinary action. The fiat of the sovereign 'that right be done' is, however, a necessary preliminary step; this is obtained by leaving the petition with the Home Secretary. A judgment that the suppliant is entitled to the whole or some portion of the relief sought by his petition, or to such other relief as the Court may think right, has the same effect as a judgment of amoveas manus. Costs are made payable both to and by the Crown, and nothing in the Act is to prevent any sup...
Pretensed 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land to the King and the prosecutor; but a right of entry may be sold by virtue of the Real Property Act, 1845, s. 6, repealed by, and see now, Law of Property Act, 1925, s. 4 (2), and to recover under s. 2 of 32 Hen. 8, c. 9 (which is now repealed by s. 11 of the (English) Land Transfer Act, 1897 (now repealed)), it had to be shown that the buyer knew the title to be bad, Kennedy v. Lyell, (1885) 15 QBD 491....
committee of the whole
committee of the whole :the whole membership of a legislative house (as the House of Representatives) sitting as a committee and operating under informal parliamentary rules called also Committee of the Whole House on the State of the Union ...
In the whole
In the whole, 'in the whole' in the context means taking all the items of maintenance together, not all the members of the family put together, Captain Ramesh Chander Kaushal v. Veena Kaushal, AIR 1978 SC 1807 (1811): (1978) 4 SCC 70: (1978) 3 SCR 782. [Criminal PC, 1973, s. 125]The expression 'in the whole' means taking all the items of maintenance together not all the members of the family put together, Ramesh Chander v. Veena Kaushal, AIR 1978 SC 1807 (1811). (Criminal PC, 1973, s. 125)...
Whole
Whole, word 'total' and 'whole' are synonymous, Mangala Prasad Jaiswal v. D.M., AIR 1971 All 77....
Whole blood
Whole blood. 'A kinsman of the whole blood is he that is derived not only from the same ancestor, but from the same couple of ancestors.'-1 Steph. Com.The relationship existing between persons having the same two parents; unmixed ancestry, Black's Law Dictionary, 7th Edn., p. 164....
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...
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