Suits Pending - Law Dictionary Search Results
Home Dictionary Name: suits pending Page: 3Breach of trust
Breach of trust, a violation of duty by a trustee, executor, or other person in a fiduciary position.In some cases a breach of trust may be a comparatively venial offence, arising from the trustee having honestly misconstrued the deed or will creating the trust either as to the persons entitled, or as to his powers of investment of or dealing with the trust property, or having otherwise erred in the discharge of his strict duty; in other cases he may have been guilty of negligence or carelessness involving at least some degree of moral blame; or, in other cases again, he may have committed some gross fraud. But in all these cases alike the trustee is personally responsible at the suit of the beneficiaries for any loss which may have resulted, and the rules of equity on the subject were extremely strict and were enforced with great severity by the Court of Chancery. In later times, however, the Court was not quite so astute in fixing honest trustees with liability for breach of trust as...
Proved to the satisfaction of the court
Proved to the satisfaction of the court, are com-prehensive enough and indeed seem to have been intended to empower the court to go into the merits of the allegations set by the party denying or disagreeing with the terms of compromise or agreement, and decide them so that the parties get full justice in the suit in which a decree in terms of the compromise is to be passed. Where the court finds during the course of the inquiry that the alleged agreement or compromise is vitiated by fraud, misrepresentation, etc., it cannot be said legally that an agreement has been arrived at. The agreement contemplated envisages the two parties coming to certain terms voluntarily and of a free will so as to put an end to the litigation pending between them in the court, C.K. Chandrahas Shetty v. Jayaram Sasani, AIR 1970 Mys 209....
Restitution of stolen goods
Restitution of stolen goods. By the Common Law there was no restitution of goods upon an indictment, because it is at the suit of the Crown only; therefore the party was enforced to bring an appeal of robbery in order to have his goods again; but a writ of restitution was authorized to be granted by 21 Hen. 8, c. 11, and it became the practice of the court, upon the conviction of a felon, to order, without any writ, immediate restitution of such goods as were brought into Court to be made to the several prosecutors. The Larceny Act, 1916, s. 45, gives power to the court to award from time to time writs of restitution for stolen property, or to order the restitution thereof in a summary manner, upon a conviction of the guilty party. This restitution reaches the stolen goods (unless they be negotiable instruments) notwithstanding that the guilty party may have sold them for value to an innocent purchaser [see s. 24 (1), Sale of Goods Act, 1893], but see MARKET OVERT; a sum not exceeding ...
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