Strict Construction - Law Dictionary Search Results
Home Dictionary Name: strict constructionstrict construction
strict construction : interpretation (as of a writing or legislation) based on a literal or technical understanding of the words used ...
Interpretation and construction
Interpretation and construction, The very concept of interpretation connotes the introduction of elements which are necessarily extrinsic to the words in the statute. Though the words 'interpretation' and 'construction' are used interchangeably, the idea is somewhat different. Dr. Patrick Devlin says: A better word, I think, would be construction, because construction, although one often used it alternatively with interpretation, suggests that something more is being got out in the elucidation of the subject matter than can be got by strict interpretation of the words used. In the very full sense of the word 'construction' the judges have set themselves in this branch of the law to try to frame the law as they would like to have it, Commissioner of Wealth Tax v. Hashmatunnisa Begum, AIR 1989 SC 1024 (1929): (1989) Supp 2 SCC 43....
practical construction
practical construction 1 : the interpretation of the terms of a contract as shown by the performance of the parties that may be used by the court to help determine the intent of the parties ;also : the doctrine that permits such a method of discerning intent compare course of performance 2 : interpretation of a statute or document in a manner that does not defeat its purpose esp. when a strict interpretation would produce clearly unintended or absurd results ...
Memorials or petitions
Memorials or petitions, according to the strict construction of the words of article 320(3)(c), an application for review would be covered by the words 'memorials or petitions', State of Uttar Pradesh v. Manbhodan Lal Srivastava, AIR 1957 SC 912 (916): 1958 SCR 533. [Constitution of India, Art. 320(3)(c)]...
strict foreclosure
strict foreclosure 1 : a proceeding in which the amount due on a mortgage is determined and a period of time within which it must be paid is fixed with the understanding that in the event of the mortgagor's default title will be vested in the mortgagee free of any right of the mortgagor to redeem compare statutory foreclosure 2 : the acceptance by a creditor of collateral as discharge of an obligation which under the Uniform Commercial Code denies the creditor the right to a deficiency judgment NOTE: Under the U.C.C.'s strict foreclosure provision, notice must be given to other parties having a security interest in the property. If one of these parties objects to the strict foreclosure, there must be a foreclosure sale instead. In some states, deficiency judgments are allowed in strict foreclosure cases as well as foreclosures by sale. ...
strict
strict 1 : characterized by narrowness : not demonstrating a broad or liberal view [ interpretation] 2 a : firm or rigid in requirement or control b : severe in discipline 3 a : inflexibly maintained or adhered to b : rigorously conforming to a principle or norm or condition [a bill of interpleader] 4 : not requiring fault see also strict liability at liability strictly adv ...
Construction
Construction, 'construction' does not necessarily mean construction over the land which must rise above the surface of the land in all contingencies, Jnanedaya Yogam v. K.K. Pankajashy, AIR 1999 SC 3891 (3895): (1999) 9 SCC 492. [Land Acquisition Act, (1 of 1894), s. 40(1)(b)]As to construction of statutes, see ACT OF PARLIAMENT; and of contracts, see Chitty on Contracts, Ch. v.; and of deeds, see Norton on Interpretation of Deeds.Partem aliquam recte intelligere nemo potest, antequam totum, iterum atque iterum, perlegerit. 3 Rep. 52.--(No one can rightly understand any part until he has read the whole again and again.)In contractibus benigna; in testamentis, benignior; in restitutionibus, benignissima interpretatio facienda est. Co. Lit. 112.--(In contracts, the construction ought to be liberal; in wills, more liberal; in restitutions, most liberal.)Includes any construction in place of an existing building which has been wholly or substantially demolished, Lal Chand v. District Judge...
Constructive notice
Constructive notice. The knowledge which is imputed to a party: (a) if he omits to make the usual and proper inquiry into the title of property which he has purchased; (b) if he omits to investigate some fact which has been brought to his notice suggesting the existence of such title or claim; (c) if he deliberately refrains from inquiry in order to avoid notice. See Halsbury, L.E., vol. 13, and the person affected with constructive notice takes, if at all, subject to the title or claim, whether he knew of it or not; for instance, a purchaser of land who is satisfied to take a shorter title than he could call for by statute is affected by notice of all trusts and equities of which he would have had notice if he had seen the full title. See Cox and Neve's Contract, (1891) 2 Ch 109; Patman v. Harland, (1881) 17 CD 353 illustrates the doctrine. It was there held that: (a) notice of a material document is notice of its contents, and (b) although the (English) Vendor and Purchaser Act, 1874...
Encroachment and unauthorised construction
Encroachment and unauthorised construction, there is a distinction between the two concept namely unauthorised construction and raising of construc-tion or encroached land. As far as the first facet is concerned, it fundamentally conveys that a con-struction has been raised without obtaining approved plan or map from the competent au-thority, raising of construction in total transversion of the master plan and rasing of a construction without sanctioned plan or map and in deviation in the construction which are within the compound-able on one's own land. As far as the second facet i.e. construction on the raising land is concerned it is construction raised by a person on the land of the State Government or any public authority, Panital Chowk v. State of Madhya Pradesh, AIR 1906 NOC 299....
Constructive total loss
Constructive total loss, a term used in the law of marine insurance to denote a loss which entitles the assured to claim the whole amount of his insurance, on giving to the assurers notice of abandonment. Generally there is a constructive total loss when the subject-matter assured has not actually perished or lost its form or species, but has, by one of the perils insured against, been reduced to such a state or placed in such a position as to make its total destruction, though not inevitable, yet highly imminent, or its ultimate arrival under the terms of the policy, though not utterly hopeless, yet exceedingly doubtful. In such a case the assured, by giving notice within a reasonable time to the assurers of abandonment, i.e., the relinquishment of all his right to whatever may be saved, is entitled to recover against them as for a total loss.If notice is not given, the loss is treated as a partial loss unless the ship in fact has become a total loss or if there would be no possibilit...
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