That Is To Say - Law Dictionary Search Results
Home Dictionary Name: that is to sayThat is to say
That is to say, are employed to make clear and fix the meaning of what is to be explained or defined; and such words are not used, as a rule, to amplify a meaning while removing a possible doubt for which purpose the word includes is generally employed, Stroud's Judicial Dictionary, 4th Edn., Vol. 5.Ordinarily, the expression 'that is to say' is employed to make clear and fix the meaning of what is to be explained or defined. Such words are not used, as a rule, to amplify a meaning while removing a possible doubt for which purpose the word 'includes' is generally employed. In unusual cases, depending upon the context of the words 'that is to say', this expression may be followed by illustrative instances, State of Tamil Nadu v. Pyare Lal Malhotra, AIR 1976SC 800 (804): (1976) 1 SCC 834: (1976) 3 SCR 168.(ii) The precise meaning of the words 'that is to say, must vary with the context ....... But in the context of single point sales tax, subject to special conditions when imposed on sep...
Say not less than
Say not less than, means if a covenant provides for the purchase of say not less than hundred packs of combing skins, it would mean that there is a stipulation securing to the purchaser a minimum quantity of hundred packs, or, in other words, there is an absolute contract to supply hundred packs at least, owing to the use of the words 'not less than', Leeming v. Snaith, (1851) 16 QB 275....
Say about
Say about, means unless there is any indication in the context to the contrary giving a more positive signification, such words ought not to be construed as words of warranty, McConnel v. Murphy, 1873 LR 5 PC 203....
Insurance
Insurance, see, Income-tax Act, 1961 (43 of 1961), s. 80C, Expl. 1.Insurance, the act of providing against a possible loss, by entering into a contract with one who is willing to give assurance, that is, to bind himself to make good such loss should it occur. In this contract, the chances of benefit are equal to the insured and the insurer. The first actually pays a certain sum, and the latter undertakes to pay a larger, if an accident should happen. The one renders his property secure; the other receives money with the probability that it is clear gain. The instrument by which the contract is made is called a policy; the stipulated consideration, a premium. As to what is known as a coupon policy, i.e., a coupon cut out of a diary, etc., see General Accident, etc., Assce. Corpn. v. Robertson, 1909 AC 404.Insurable Interest must be possessed by the person taking out a policy; he must be so circumstanced as to have benefit from the existence of the person or thing insured, and some preju...
Accused, statement of
Accused, statement of. Where an accused person is brought before justices of the peace, the (English) Criminal Justice Act, 1925 (15 & 16 Geo. 5, c. 86), s. 12, directs the justices, after the close of the evidence for the prosecution, to ask him whether he wishes to say anything in answer to the charge, telling him that he is not obliged to say anything unless he desires to do so, but that whatever he says will be taken down in writing, and may be given in evidence upon his trial. The justices, before the accused person makes any statement, must make him clearly understand that he has nothing to hope from any promise of favour, and nothing to fear from any threat which may have been held out to him to induce him to make any confession, but that whatever he says may be given in evidence upon his trial, notwithstanding such promise or threat. Whatever the accused states in answer to the charge shall be taken down in the manner shown in the forms prescribed by the rules made under the Ac...
Malice
Malice [fr. malitia, Lat.], a formed design of doing mischief to another, technically called malitia pr'cogitata, or malice prepense or aforethought. It is either express, as when one with a sedate and deliberate mind and formed design kills another, which formed design is evidenced by certain circumstances discovering such intentions, as lying in wait, antecedent menaces, former grudges, and concerted schemes to do him some bodily harm; or implied, as where one wilfully poisons another; in such a deliberate act the law presumes malice, though no particular enmity can be proved. The nature of implied malice is also illustrated by the maxim, 'Culpa lata dolo 'quiparatur'-when negligence reaches a certain point it is the same as intentional wrong-'Every one must be taken to intend that which his the natural consequence of his actions'-if any one acts in exactly the same way as he would do it he bore express malice to another, he cannot be allowed to say he does not, 4 Steph. Com.'Malice ...
Delivery of a Deed
Delivery of a Deed, a requisite to a good deed.The delivery may be effected either by acts or by words, i.e., by doing something and saying nothing, as merely handing it to the grantee or his agent; or by saying something and doing nothing, as 'I deliver this writing as my act and deed,' or language of a similar import; or by doing and saying something. See Shep. Touch. P. 57.Delivery is of two kinds:--(a) Absolute, when the execution perfects the deed, and nothing is left to be done; or(b) Conditional, which is the handing of the writing to some third person to be delivered by him as the act and deed of the grantor, when certain specified conditions shall be performed. Until the conditions are performed the instrument is called an escrow, scrowl, or writing. See ESCROW.A deed takes effect only from delivery; for if the date be false or impossible, the delivery ascertains the time of it, 2 Bl. Com. 307.Deeds take precedence according to the time of their delivery, but their effect may ...
Leuca
Leuca, a measure of land, the extent of which is not precisely known: some say 1,500 paces. Ingulphus, p. 910, says 2,000 paces. In Dugd. Mon., tom. i. p. 313,it is 480 perches. Spelman says a mile....
Magna Carta
Magna Carta, [Latin 'great charter'] The English charter that King John granted to the barons in 1215 and Henry III and Edward I later confirmed. It is generally regarded as one of the great common-law documents and as the foundation of constitution liberties. The other three great charters of English Liberty are the Petition of Right (3 Car. (1628)), the Habeas Corpus Act (31 Car. 2 (1679)), and the Bill of Rights (1 Will. SM. (1689)). Also spelled Magna charta, Black's Law Dictionary, 7th Edn., p. 963.This Great Charter is based substantially upon the Saxon Common Law, which flourished in this kingdom until the Normaninvasion consolidated the system of feudality, still the great characteristic of the principles of real property. The barons assembled at St.Edmund's Bury, in Suffolk, in the later part of the year 1214, and there solemnly swore upon the high alter to withdraw their allegiance from the Crown, and openly rebel, unless King John confirmed by a formal charter the ancient li...
Procedure established by law
Procedure established by law, does not mean due process of law, A.K. Gopalan v. State of Madras, AIR 1980 SC 27.In India as in UK, the legislature is free to lay down any procedure, within the ambit of its legislative power, all that is required to deprive a person of his life or personal liberty is to lay down a procedure by an intra vires enactment, A Commentary on the Constitution of India, Durga Das Basu, 6th Edn., Vol. D, p. 101.In UK the law being State made or enacted and not the general principles of natural justice, procedure established by law means the procedure proscribed by the legislature, A Commentary on the Constitution of India, Vol. D , 6th Edn., p. 101.Means procedure enacted by a law made by the State, that is to say, the Union Parliament or the legislatures of the State, Collector of Malabar v. Erimmal Ebrahim Hajee, AIR 1957 SC 688. (See Constitution of India, Art. 21)Means the procedure prescribed by the law of the State. (Constitution of India, Art. 21)The term ...
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