Statute Of Limitations - Law Dictionary Search Results
Home Dictionary Name: statute of limitations Page 1 of about 103 results (0.003 seconds)statute of limitations
statute of limitations 1 a : a statute establishing a period of time from the accrual of a cause of action (as upon the occurrence or discovery of an injury) within which a right of action must be exercised compare laches, statute of repose b : a criminal statute establishing the period of time within which an offense can be punished after its commission 2 : a period of time established by a statute of limitations for commencing an action or prosecution 3 : an affirmative defense that the statute of limitations has expired ...
statute of limitation
statute of limitation :statute of limitations ...
Limitation of actions and prosecutions
Limitation of actions and prosecutions. By various statutes, of which the first was 21 Jac. 1, c. 16, the (English) Limitation Act, 1623, and the principal succeeding ones, the Real Property Limitation Act, 1833 (3 & 4 Will. 4, c. 42), the (English) Civil Procedure Act (3 & 4 Will. 4, c. 27) [see Read v. Price, (1909) 2 KB 724], and 37 & 38 Vict. c. 57, the (English) Real Property Limitation Act, 1874, certain periods are fixed within which, upon the principle Interest reipublic' ut sit finis litium, particular actions must be brought or proceedings taken.In the case of simple contract the remedy on the contract is barred, leaving the creditor free to enforce his claims by other means which may be still available, such as enforcing a lien, subsequent acknowledgment by the debtor or appropriation of payments, but not by way of set-off (9 Geo. 4, c. 14, s. 3). In regard to land, the right to it is destroyed after the statutory period and neither re-entry nor acknowledgment after the laps...
Trust
Trust, is a comprehensive expression, as covering not only the relationship of trustee and beneficiary but also that a bailor and bailee master and servant pledger and pledgee, guardian and ward and all other relations which postulate the existence of fiduciary relationship between the complainant and the accused, State v. K.P. Jain, (1983) 2 Crimes 947 (All).Trust, is a trust for public purposes, the substances and primary intention of the creator must be seen, Shabbir Husain v. Ashiq Husain, AIR 1929 Oudh 225.Trust, is an obligation annexed to ownership. A trustee holds property 'subject' to an obligation, which the testator has imposed upon him, Mahadeo Ramchandra v. Damodar Vishwanath, AIR 1957 Bom 218: (1957) 59 Bom LR 478.Means any arrangement whereby property is transferred with intention that it be administered for another's benefit is a trust. It casts an obligation on the trustee to use the property for achieving the purpose for which the trust is created, Baba Jamuna Das Mah...
Fraud
Fraud, a fraud is an act of deliberate deception with the design of securing something by taking unfair advantage of another. It is a deception in order to gain by another's loss. It is a cheating intended to got an advantage, S.P. Chengalvaraya Naidu v. Jagannath, AIR 1994 SC 853 (855): (1994) 1 SCC 1.A term used in a variety of meanings. At Common Law, fraud is actionable under the heading of deceit (q.v.).A knowing misrepresentation of the truth or con-cealment of a material fact to induce another to act to his or her detriment, Black's Law Dictionary, 7th Edn., p. 670.In equity and upon the equitable principles which are now applicable in any Court of law, fraud may be described as an infraction of the rules of fair dealing. For the action at law intention and representation (q.v.) are material. In equity an act or its consequences to the person aggrieved may be of greater importance than the intention of the defendant or any representation made to the plaintiff, and the same may b...
toll
toll [Old English, tax or fee paid for a liberty or privilege, ultimately from Late Latin telonium custom house, from Greek tolōnion, from telōnēs collector of tolls, from telos tax, toll] : a charge for the use of a transportation route or facility ;broadly : a charge for use [a water ] vb [Anglo-French tollir toller to take away, make null, bar, ultimately from Latin tollere to lift up, take away] vt 1 : to take away (as a right) 2 a : to remove the effect of [the court did not the statute of repose after the statutory period had expired] b : suspend [ the running of the statute of limitations] compare run vi : to be suspended [statute of limitations s for a period of seventy-five days following the notice "Parker v. Yen, 823 S.W.2d 359 (1991)"] n : a suspension of effect [the court extended the statute of limitations ] ...
Acknowledgment of debt or liability
Acknowledgment of debt or liability, is an admission that a debt is due or that some claim or liability is still in existence, so as to prevent the operation of the Statute of Limitations. The precise form of acknowledgment necessary in any particular case depends on the terms of the relevant statute. An acknowledgment or part payment after the statutory period will not revive a barred claim to land under s. 34 of the (English) Real Property Limitation Act, 1833 (3 & 4 Will. 4, c. 27), Kibble v. Fairhorne, (1895) 1 Ch 219, but an acknowledgment at anytime before action brought will revive actions, on debt grounded on simple contract, if in writing under 9 Geo. 4, c. 14, and for money charged on land under s. 40 of the Real Property Limitation Act, 1833: see re Clifden, Annaly v. Agar Ellis, 1900 (1) Ch 774. See LIMITATIONS, STATUTE OF....
limitation
limitation 1 a : restriction [a on the rights of ownership] b : a statement or stipulation in a deed or will placing limits on the disposition of an estate or interest esp. in regard to duration or heirs see also word of limitation 2 : a certain period limited by statute after which actions or prosecutions cannot be brought in the courts see also statute of limitations ...
Borrowing statute
Borrowing statute, means a legislative exception to the conflict-of-laws rule holding that a forum State must apply its own statute of limitations. A borrowing statute specifies the circumstances in which a forum State will apply another State's statute of limitations, Black Law Dictionary, 7th Edn., p. 179....
Unclaimed property
Unclaimed property. This devolves on the Crown at Common Law. Unclaimed property may be dealt with under the heads of (1) Government Stock, (2) Chancery Funds, (3) Stock in Public Companies, (4) Bankers' Balances, (5) Deposits with Bankers for Safe Custody, and (6) Found Property.(1) Government Stock.-The National Debt Act, 1870 (33 & 34 Vict. c. 71), ss. 51 et seq., as extended by 20 & 21 Geo. 5, c. 28, s. 49 provides that stock on which no dividend has been claimed for ten years must be transferred to the National Debt Commissioners. Lists of names in which the stock stood, with residence, description and amount of stock and date of transfer, are to be kept at the Bank of England [or Ireland, but see 13 Geo. 5, c. 2, s. 6 (d)] and at the National Debt Office, open to inspection, and also kept in duplicate at the National Debt Office. The stock may be re-transferred to persons showing title after, in the case of stock exceeding 20l., three months' public notice by advertisement. A sec...
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