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S 2d - Law Dictionary Search Results

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Insurer

Insurer. The person assuring against loss.The word 'insurer' in s. 2D of the Insurance Act, 1938 means a person who was carrying on the business of insurance but has closed it, Vanguard Fire and General Insurance Co. Ltd. v. Fraser and Ross AIR 1960 SC 971; see also (1973) 1 SCC 310: (1960) 3 SCR 857. [Insurance Act, 1938, s. 2D; 339 (9)]Insurer means an insurer as defined in the Insur-ance Act who carries on life insurance business in India and includes the government and a provi-dent society as defined in s. 65 of the Insurance Act. [Life Insurance Corporation Act, 1956 (31 of 1956), s. 2(6)]...


disposition

disposition 1 a : the final determination of a matter (as a case or motion) by a court or quasi-judicial tribunal [the beneficiary of such a of charges against him "United States v. Smith, 354 A.2d 510 (1976)"] compare decision, holding, judgment, opinion, ruling, verdict b : the sentence given to a convicted criminal defendant [probation is often a desirable "W. R. LaFave and J. H. Israel"] ;also : the sentence given to or treatment prescribed for a juvenile offender 2 : transfer to the care, possession, or ownership of another [to either a surviving spouse or a charity, those s are totally exonerated from the payment of taxes "Matter of McKinney, 477 N.Y.S.2d 367 (1984)"] ;also : the power of such transferral 3 : the state or condition of being predisposed : predisposition ...


anticipate

anticipate -pat·ed -pat·ing 1 : to bar or invalidate (a patent) by anticipation [the patent on the compound had been anticipated by the Beilstein reference "Misani v. Ortho Pharm. Corp., 210 A.2d 609 (1965)"] 2 : to negate the novelty of (an invention) by its appearance in prior art [appeared to have anticipated a variable light makeup mirror "Wilson v. Bristol-Myers Co., 503 N.Y.S.2d 334 (1986)"] ...


redeem

redeem 1 a : repurchase b : to repurchase by right and not on the open market [ preferred shares] 2 a : to free from a lien or pledge usually by payment of the amount secured thereby [ collateral] b : to exercise an equity of redemption in (real property) by payment in full of a mortgage debt after default but prior to a foreclosure becoming effective [a right to property prior to the actual sale under a judgment of foreclosure "Bowery Sav. Bank v. Harbert Offset Corp., 558 N.Y.S.2d 821 (1990)"] see also equity of redemption c : to exercise a right of redemption in (real property) within the period set by law by a repurchase that voids the effect of foreclosure or sale see also right of redemption NOTE: A mortgagor with a right of redemption might redeem property within the set period following a foreclosure sale by paying the new purchaser the purchase price, interest, taxes, and lawful charges. d : to remove the obligation of by payment (as at maturity) [ a bond] 3 a : to...


circumstance

circumstance 1 a : a condition, fact, or event accompanying, conditioning, or determining another [the s constituting fraud or mistake shall be stated "Federal Rules of Civil Procedure Rule 9(b)"] b : a piece of evidence that indicates the probability or improbability of an event [a statement…offered to exculpate the accused is not admissible unless corroborating s clearly indicate the trustworthiness of the statement "State v. Lopez, 764 P.2d 1111 (1988)"] 2 pl : situation with regard to wealth [the s of the parties before the divorce] ...


novation

novation [Late Latin novatio renewal, legal novation, from Latin novare to make new, from novus new] : the substitution by mutual agreement of one obligation for another with or without a change of parties and with the intent to extinguish the old obligation [no evidence that the contract was assigned, or that there was a "Boccardi v. Horn Constr. Corp., 612 N.Y.S.2d 180 (1994)"] compare accord substituted contract at contract ...


Trial

Trial, does not exclude a proceeding relating to the delivery of judgment, Inayat v. Rex, AIR 1950 All 369: 1950 All LJ 127: 1950 All WR 245.Trial, is not necessary that the trial must be a full-dressed or a jury trial or a trial which concludes only after taking evidence of the parties in support of their respective cases, Dipak Chandra Ruhidas v. Chanden Kumar Sarkar, AIR 2003 SC 3701.Trial, is the conclusion, by a competent tribunal, of question in issue in legal proceedings, whether civil or criminal. Strouds Judicial Dictionary (5th Edn.) Indian Bank v. Maharashtra State Co-op. Marketing Federation Ltd., (1998) 5 SCC 69.Trial, is the examination by a competent court of the facts or laws in dispute, or put in issue in a case. It is the judicial examination of issues between the parties, whether they are of law or of fact, Sajjan Singh v. Bhagilal Pandya, AIR 1958 Raj 307.Trial, is understood as referring to the stage of the proceeding in a criminal case after the charge had been fr...


ground

ground 1 : the foundation or basis on which knowledge, belief, or conviction rests : a premise, reason, or collection of data upon which something (as a legal action or argument) relies for validity [sued the city on the that the city…had wrongfully released…records "City of Lawton v. Moore, 868 P.2d 690 (1993)"] [listed adultery and alcoholism as the s for divorce] 2 : a piece or parcel of land [the design being to create high for use during overflow periods "Bright v. Perkins, 239 S.W.2d 281 (1951)"] [a sudden disruption of a piece of from one man's land "Porter v. Arkansas Western Gas Co., 482 S.W.2d 598 (1972)"] ground·less adj ground·less·ly adv ground·less·ness n vt : to furnish a ground for : set on a basis [that court ed the disclosure requirement in negligence law "Scott v. Bradford, 606 P.2d 554 (1979)"] [an argument ed on erroneous assumptions] ...


Receipt

Receipt, an acknowledgment in writing of having received a sum of money, which is prima facie but not conclusive evidence of payment, Skaife v. Jackson, (1824) 3 B&C 421.The act of receiving something; a written acknow-ledgment that something has been received, Black's Law Dictionary, 7th Edn.A stamp duty first imposed in 1783 was progressively ad valorem, until 1853, when the uniform 1d. rate was imposed; this was increased to 2d. by the Finance Act, 1920.For the purposes of the Stamp Act, 1891, the expression 'receipt' is defined (s. 101) as including--(1) Any note, memorandum, or writing whereby any money amounting to two pounds or upwards, or any bill of exchange or promissory note for money amounting to two pounds or upwards, is acknow-ledged or expressed to have been received or deposited or paid, or whereby any debt or demand, or any part of a debt or demand, of the amount of two pounds or upwards, is acknowledged to have been settled, satisfied, or discharged, or which signifie...


search

search 1 : an exploratory investigation (as of an area or person) by a government agent that intrudes on an individual's reasonable expectation of privacy and is conducted usually for the purpose of finding evidence of unlawful activity or guilt or to locate a person [warrantless es are invalid unless they fall within narrowly drawn exceptions "State v. Mahone, 701 P.2d 171 (1985)"] see also exigent circumstances, plain view probable cause at cause, reasonable suspicion search warrant at warrant compare seizure NOTE: The Fourth Amendment to the U.S. Constitution prohibits unreasonable searches and requires that a warrant may issue only upon probable cause and that the warrant must particularly describe the place to be searched. Some searches, such as a search incident to an arrest, have been held to be valid without a warrant. administrative search : an inspection or search carried out under a regulatory or statutory scheme esp. in public or commercial premises and usually to enf...


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