Separability Clause - Law Dictionary Search Results
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separability clause : severability clause ...
severability clause
severability clause : a clause (as in a contract) which states that provisions are severable ;esp : a clause in a statute that makes the statute's parts or provisions severable so that one part can be invalidated without invalidating the whole called also separability clause ...
Scilicet
Scilicet [Lat., abbrev. Scil. Or sc., i.e., scire licet] (that is to say, to wit).This is not a direct and separate clause, nor a direct and entire clause, in a conveyance, but intermedia; neither is it a substantive clause of itself, but it is rather to usher in the sentence of another, and to particularize that which was too general before, or distribute that which was too gross, or explain that which was doubtful; and it must neither increase nor diminish the premises nor habendum, for it gives nothing of itself; but it may make a restriction where the precedent words are not so very express but that they may be restrained, Hob. 171....
Married women's property
Married women's property, At Common Law, a woman, by marrying, transferred the ownership of all her property, real and personal, present and future, to her husband absolutely, so that he might sell, pay his debts out of, give away, or dispose by will of it as he pleased, with these exceptions and modifications:-1) Her freehold estate became his to manage and take the profits of during the joint lives only. After his death, leaving her surviving, it passed to her absolutely; after her death, leaving him surviving, provided that it was an estate in possession and issue who could in her it had been born during the marriage, it passed to him as 'tenant by the curtesy (q.v.) of England,' during his life, and after his death to her heir-at-law.(2) Her leasehold estate, her personal estate in expectancy, and the debts owing to her and other 'choses in action,' became his absolutely if he did some act to appropriate or reduce them into possession during the marriage, or if he survived her. If ...
separation of church and state
separation of church and state :the separation of religion and government mandated under the establishment clause and the free exercise clause of the U.S. Constitution that forbids governmental establishment or preference of a religion and that preserves religious freedom from governmental intrusion ...
Wife
Wife [wif, Sax.; wiff, Dut,; wyf, Icel.; uxor, Lat.], a woman that has a husband. See HUSBAND AND WIFE.Wife includes a divorced Muslim wife, Zohara Khatoon v. Mohd. Ibrahim, AIR 1981 SC 1243: (1981) 2 SCC 509: (1981) 2 SCR 910. [Criminal PC, (1974), s. 125 (1) Cl. (b) and s. 127(3)]Wife includes divorced wife, Capt. Ramesh Chander Kaushal v. Veena Kaushal, AIR 1978 SC 1807: (1978) 4 SCC 70: (1978) 3 SCR 782.The word 'wife' is not defined in the Code except indicating in the Explanation its inclusive character so as to cover a divorcee, Yamuna Bai Anantrao Adhav v. Anantrao Shivram Adhav, AIR 1988 SC 644: (1988) 1 SCC 530: (1988) 2 SCR 809.It means a Parsi wife. [Parsi Marriage and Divorce Act, 1936 (3 of 1936), s. 2 (9)]Clause (b) of the Explanation to s. 125(1), provides that 'wife' includes a woman who has been divorced by, or has obtained a divorce from her husband and has not remarried. 'Wife' means a wife as defined, irrespective of the religion professed by her or by her husband....
standard mortgage clause
standard mortgage clause : a mortgage clause that is usually considered to form a separate contract between the insurer and mortgagee under which the mortgagee can collect payment even if the policy is void or voidable with regard to the insured (as because of fraud or nonpayment) called also union mortgage clause ...
Chemical weapons
Chemical weapons, 'chemical weapons' means,--(i) the toxic chemicals and their precursors, except where intended for--(a) industrial, agricultural research, medical, pharmaceutical or other peaceful purposes; (b) protective purposes, namely those purposes directly related to protection against toxic chemicals and to protection against chemical weapons; (c) military purposes not connected with the use of chemical weapons and not dependent on the use of the toxic properties of chemicals as a method of warfare; or (d) Law enforcement including domestic riot control purposes, as long as the types and quantities are consistent with such purposes (ii) the munitions and devices, specifically designed to cause death or other harm through the toxic properties of those toxic chemicals specified in sub-clause (i), which would be released as a result of the employment of such munitions and devices; and (iii) any equipment specifically designed for use directly in connection with the employment of ...
Or is otherwise unfit for human consumption
Or is otherwise unfit for human consumption, the words 'or' is otherwise unfit for human consumption are disjunctive of the rest of the words preceding them. It relates to a distinct and separate class altogether. The clause 'or is otherwise unfit for human consumption' is residuary provision which would apply to a case not covered by or falling squarely within the clauses preceding it. If the phrase is to be read disjunctively the mere proof of the article of food being 'filthy, putrid, rotten,decomposed.... or insect infested' would be per se sufficient to bring within the purview of theword 'adulterated' as defined in sub-clause (f) and it would not be necessary in such a case toprove further that the article of food was unfit for human consumption, Municipal Corporation v. Tek Chand Bhatia, (1980) 1 SCC 158: AIR 1980 SC 360 (362). [Prevention of Food Adulteration Act, 1954, s. 2(1)(f)]...
Anticipation
Anticipation, doing or taking a thing before the appointed time. For anticipation of an invention see PATENTS. A married woman may be restrained by the terms of a will or settlement from aliening, by way of anticipation, property settled to her separate use during coverture. Such a clause absolutely disables her from selling, mortgaging or dealing with the property in anticipation, but it does not apply to income actually accrued due, Hood Barrs v. Heriot, 1896 AC 174, and on the determination of the coverture the restraint is at an end, Tullett v. Armstrong, (1839) 4 My&Cr 377; 1 Beav 1. Such a provision is only effective during coverture; it cannot affect dispositions in favour of a man, Brandon v. Robinson, (1871) 18 Ves 429, or a feme sole. The restraint may be applied either to corpus or income, usually only to the latter; in a marriage settlement the wife's income is almost invariably directed to be paid to her, without power of anticipation.' The L.P. Act, 1925, s. 169, repeatin...
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