That Is To Say - Law Dictionary Search Results
Per my et per tout
Per my et per tout (not of any part but of the whole). Et sic totum tenet et nihil tenet, scil, totum conjunctim et nihil per se separatum; see Myrray v. Hall, (1849) 7 CB 455. Joint tenants, by reason of the combination of entirety of interest with the power of transferring in equal shares, are said to be seised per my et per tout. 'And this,' says Littleton, 'is as much as to say, as he is seised by every parcell and by the whole, etc.'; see Co. Litt. 186 a. If any joint tenant severs by alienating his share he destroys the joint tenancy in that share and the grantee obtains no joint tenancy. See JOINT TENANTS; ENTIRETIES....
Maxim
Maxim [fr. maximum Lat.], an axiom; a general principle; a leading truth so called, says Coke, quia maxima est ejus dignitas et certissima auctoritas, atque quod maxime omnibus probetur, 1 Inst. 11.Modern opinion, however, does not rate maxims so highly, and Lord Esher, M.R., in Yarmouth v. France, (1887) 19 QBD 653, in connection with Volenti non fit injuria, went so far as to say that they are almost in variably misleading, and for the most part so large and general in their language that they always include something which really is not intended to be included in them. Similarly, the late Mr. Justice Stephen (Hist. Crim. Law, 94) wrote:-'They are rather minims than maxims, for they give not a particularly great, but a particularly small, amount of information. As often as not the exceptions and qualifications are more important than the so-called rules'--which, while they mostly bad abstracts of it. A contrary view, however, is given in a lecture by Mr. H.F. Manistry, K.C., on 'The ...
Namely
Namely, has been stated 'that is to say, explicitly, specifically to wit, on item of legislation, namely-certain bail, Webster's Encyclopadic Unabridged Dictionary of the English Language.Namely, has been stated as 'A difference, in grammatical sense, in strictness exists between the words namely and including. Namely imports interpretation i.e. indicates what is included in the previous term; but including imports addition i.e. indicates something not included, Black's Law Dictionary, 5th Edn.Namely, means 'by name' or, that is to say, Re Brockett, (1908) 1 Ch 185.Namely, the word 'namely' imports enumeration of what is comprised in the preceding clause. In other words it ordinarily serves the purpose of equating what follows with the clause described before, State of Bombay v. Bombay Education Society, AIR 1954 SC 561 (565): (1955) SCR 568....
Oath
Oath [fr. ath, Sax.], an appeal to God to witness the truth of a statement. It is called a corporal oath, where a witness, when he swears, places his right hand on the Holy Evangelists.The Christian religion, though it prohibits swearing, excepts oaths required by legal authority (Art. Ch. of Engl. xxxix.). All who believe in a God, the avenger of falsehood, have always been admitted to give evidence, but the old rule was, that all witnesses must take an oath of some kind. Very gradually, however, the legislature has relaxed this rule, and the privilege of affirming (see AFFIRMATION) instead of taking an oath has now been universally granted by the (English) Oaths Act, 1888, by which--Every person upon objection to being sworn, and stating, as the ground of such objection, either that he has no religious belief, or that the taking of an oath is contrary to his religious belief, shall be permitted to make his solemn affirmation instead of taking an oath in all places and for all purpose...
Parson
Parson [fr. persona, Lat., because the parson omnium personam in ecclesi' sustinet; or from parochianus, the parish-priest.--Johnson; anciently written persone.--Todd], 'the rector of a church parochiall' (Co. Litt. 300 a); one that has a parochial charge or cure of souls. 'The most legal, most beneficial, and most honourable title that a parish priest can enjoy,' says Sir W. Blackstone.A parson has the freehold for life of the parsonage-house, the glebe, the tithes, and other dues. But these are sometimes appropriated, that is to say, the benefice is perpetually annexed to some spiritual corporation, either sole or aggregate, being the patron of the living; which the law esteems equally capable of providing for the service of the church as any single private clergyman: see 1 Bl. Com. 384. Many appropriations, however, are now in the hands of lay persons, who are usually styled, by way of distinction, lay impropriators. In all appro-priations there is generally a spiritual person attac...
Whoever legally bound by an oath or by an express provisions of law to state the truth
Whoever legally bound by an oath or by an express provisions of law to state the truth, The opening words of s. 191 'whoever being legally bound by an oath or by an express provision of law to state the truth........' do not support the submission that a man who is not bound under the law to make an affidavit, can if he does make one, deliberately retrain from stating truthfully the facts which are within his knowledge. The meaning of these words is that whenever in a court of law a person binds himself on oath to state the truth he is bound to state the truth and he cannot be heard to say that he should not have gone into the witness box or should not have made an affidavit and therefore the submission that any false statement which he had made after taking the oath is not covered by the words of s. 191, IPC is not supportable. Whenever a man makes a statement in court on oath he is bound to state the truth and if he does not, he makes himself liable under the provisions of s. 193. It...
Possession is nine points of the law
Possession is nine points of the law. This adage is not to be taken to be true to the full extent, so as to mean that the person in possession can only be ousted by one whose title is nine times better than his; but it places in a stronger light the legal truth that every claimant must succeed by the strength of his own title and not by the weakness of his antagonists. For instance, if the claimant be able to show a descent from the grantor of the estate, perfect except in one link of the chain, and the man in possession be a perfect stranger, the latter shall keep the estate; and so, also, if the claimant be a natural son of the last owner and adopted by him, and declared by him to be designed as his heir, yet if he dies without making a will in his favour, a stranger in possession has a better title. In Beddall v. Maitland, (1881) 17 Ch D p. 183, Sir Edward Fry, speaking of the statute 5 Rich. 2, stat. 1, c. 8, which makes a forcible entry an indictable offence, says: 'This statute c...
Religion
Religion, in a wide sense, therefore, is those fundamental principles which sustain life and without which life will not survive, Aruna Roy v. Union of India, (2002) 7 SCC 368.Religion, in Australia, the Constitution gives right to a person to follow his own religious belief and can freely exercise his religion, A Commentary on the Constitution of India, Durga Das Basu, Vol. D, p. 198.Religion, in Sri Lanka, the Constitution guarantees a citizen freedom of religion subject to the restrictions prescribed by law in the interest of national unity, integrity and security, A Commentary on the Constitution of India, Durga Das Basu, Vol. D, p. 200.Religion, in U.K., the Protestant Church headed by the Crown is by law established and built into the fabric of the English Constitution. The State has accepted the Protestant Church as a religious body reflecting the Christian faith, A Commentary on the Constitution of India, Durga Das Basu, Vol. D, p. 200.Religion, is a matter of faith stemming fr...
Think fit
Think fit, is a simple word of relation and its ordinary grammatical meaning will not be extended so as to include something else other than that to which it relates, Bryson v. Russell, 14 QB 720.Means sometimes a testator empowers the trustees to invest the proceeds of the sale of certain properties as they should think fit. This means as the trustee shall honestly 'think fit'. It would be futile for a trustee to say that he thought fit to make an investment which he knew to be wrong. The court would say that he ought to 'think fit' so to do and would came to the conclusion that he did not in fact 'think fit', Smith v. Thompson, (1896) 1 Ch 71....
Voice-vote
Voice-vote, in Parliament of India, the question are generally decided by voice vote. The speaker puts a question and invites members in favour of it to say 'Yes' and those against to say 'No'. The Speaker announces his decision by analyzing the voices, Practice and Procedure of Parliament M.N. Kaul and S.L. Shakdher, 5th Edn., 2001, p. 926....
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