Ultimate Fact - Law Dictionary Search Results
Constructive total loss
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 … 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 possibility of benefit to the insurer if
arrest
made not by a law officer but by any citizen who derives the authority to arrest from the fact of being a citizen NOTE: Under common law, a citizen may make an arrest for any felony actually … arrest [Middle French arest, from arester to stop, seize, arrest, ultimately from Latin ad to, at + restare to stay] : the restraining and seizure of a person whether
Judgment
Cl. 15] The expression 'judgment' in the context may be understood to mean the judgment which may be ultimately pronounced if the case were to be committed to a Court of Session, Rajender Kumar Jain v. State … it is the affirmation by the law of the legal consequences attending a proved or admitted state of facts. It is always a declaration that a liability, recognised as within the jural sphere, does or does not
Keep your definitions linked to case research
Tenure
called mesne (middle) lords or barons, with regard to such inferior holders, who were styled tenants paravail, the ultimate tenant in possession, because they were supposed to make avail or profit of the land. The lands were … demesne, according to the custom of the manor, but not of the lord's will. These lands were in fact copyholds, and therefore the term customary freeholds is not strictly correct; for although the tenants had an interest
Successor-in-interest
of them is decisive of the matter one way or the other. The decision of the question must ultimately depend upon the evaluation of all the relevant factors and it cannot be reached by treating any one … Successor-in-interest, 'successor-in-interest' the relevant facts to be taken into account in determining this question was explained by Gajendragadkar, J. in the following words:
Good faith
which the imputation was made, the position of the person making the imputation, and a variety of other factors. Good faith, therefore is a matter for evidence. It is a question of fact to be decided on … 530 (554): (1971) 1 SCC 65. The expression good faith qualifies prosecuting the proceeding in the Court which ultimately is found to have no jurisdiction. Failure to pay the requisite court-fee found deficient on a contention being
Hinduism
whether one is practicing or professing Hindu religion or not. Especially when one is born a Hindu the fact that he goes to a Buddhist temple or a church or a durgah cannot be said to show … 923. Hinduism cannot be defined in terms of Polytheism or Henotheism or Monotheism. The nature of Hindu religion ultimately is Monism/Advaita. This is in contradistinction to Monotheism which means only one God to the exclusion of all
Sentence
7th Edn., p. 1367. The expression 'sentence' must be restricted to a sentence which is final, conclusive and ultimate so far as the judicial remedies are concerned. The alternate interpretation is likely to lead to confusion, inconsistency … action of the court before which the trial is held, declaring the consequences to the convict of the fact thus ascertained. Any consequence which flows after conviction can be looked upon as sentence, Mohammad Shabir Maulamaiya v.
use
legal title is held by another [the secret conveyance of s in early English law] ;broadly : the fact or right of having the benefits and profits of property beneficial use : the use of a cestui … for wells that caused injury to adjacent farmers; the water was not for use there and so unreasonableness ultimately depended not on waste or harm but on the final destination of the water. c : a rule
- ‹ Prev
- 1
- Next ›
Try the research workspace - 7 days free