Undue - Law Dictionary Search Results
Home Dictionary Name: undue Page 1 of about 58 results (0.002 seconds)Undue influence
Undue influence, Any influence, pressure, or domination in such circumstances that the person acting under that influence may be held not to have exercised his free and independent volition in regard to the act.As to gifts, see title SPIRITUALISM and Lyon v. Home, (1868) LR 6 Eq 655, and as to wills, see Parfitt v. Lawless, (1872) LR 2 P&M 462.In the case of benefits or advantages obtained in certain relationships, the existence of this influence is presumed, e.g., guardian and ward, a parent over a child upon or soon after attaining age and the possession of property, a guide or instructor, medical advisers, ministers or professors of religion, managers of business [Coomber v. Coomber, (1911) 1 Ch 174], attendants upon or advisers of aged and infirm people. In such cases, in regard to transactions inter vivos, the onus of proving absence of undue influence lies on the person claiming the benefit of the disposition or act, and in some cases, e.g., gifts by clients to their solicitors (...
undue influence
undue influence : improper influence that deprives a person of freedom of choice or substitutes another's choice or desire for the person's own compare coercion, duress, necessity NOTE: It is a doctrine of equity that a contract, deed, donation, or testamentary disposition can be set aside if the court finds that someone has exercised undue influence over the maker at the time that the contract, conveyance, or will was made. To establish a prima facie case it is usually necessary to show a susceptibility to undue influence (as from mental impairment), the opportunity and disposition on someone's part to exercise such influence, and that the transaction would not have been made except for the undue influence. ...
Undue advantage
Undue advantage, means 'unfair advantage', Mayadhar Paramanik v. State, (1971) Cut LT 582; Prakash Chand v. State of H.P., (2004) 11 SCC 381. (Penal Code, 1860, s. 300 Excep. 4)The expression 'undue advantage' as used in the provision means 'unfair advantage', Ghapoo Yadav v. State of Madhya Pradesh, AIR 2003 SC 1620 (1622): (2003) 3 SCC 528. [Penal Code (45 of 1860), s. 300, Expl. 4]The expression undue advantage means 'unfair advantage', Naveen Chandra v. State of Uttranchal, AIR 2007 SC 363....
Undue
Undue, 'undue' must mean something which is not merited by the conduct of the claimant, or is very much disproportionate to it, Sterling General Insurance Co. Ltd. v. Planters Airways Pvt. Ltd., AIR 1975 SC 415 (419): (1975) 1 SCC 603: (1975) 3 SCR 136. [Arbitration Act, 1940, s. 37(4)]1. Not yet owed; not currently payable 2. Excessive or unwarranted, Black's Law Dictionary, 7th Edn....
undue
undue 1 : not due : not yet payable [an bill] 2 : exceeding or violating propriety or fitness [would impose hardship on the debtors] [such a requirement would place an burden on employers] ...
Undue preference
Undue preference, the improper preferring of one customer over another by a railway or canal com-pany, prohibited by the (English) Railway and Canal Traffic Act, 1854 (17 & 18 Vict. c. 31), s. 2. See RAILWAY AND CANAL COMMISSION.As to avoidance of preference of creditor within three months of bankruptcy of debtor, see FRADU-LENT PREFERENCES....
Free consent
Free consent, defined, Consent is said to be free when it is not caused by--(1) coercion, as defined in s. 15, or(2) undue influence, as defined in s. 16, or(3) fraud, as defined in s. 17, or(4) misrepresentation, as defined in s. 18, or(5) mistake, subject to the provisions of ss. 20, 21 and 22.Consent is said to be caused when it would not have been given but for the existence of such coercion, undue influence, fraud, misrepresentation or mistake. [Contract Act, (9 of 1872), s. 14]...
Organised crime
Organised crime, in Europe, the terms 'organised crime' and 'professional crime' are largely inter-changeable. As compared to American standards, the European criminal orgainsations are small-scale and short-lived. Such crimes are defined as involving system of specifically defined relation-ship with mutual obligation and privileges and association of a small group of criminals for the execution of the intended crime. The eruption of organised crime in India is of recent origin and is at the initial stage. It is the need of the hour to control such criminal activities which tempt the persons involved to amass huge profit. Such crimes have not only a legal facet but have a social and economic aspect which is required to be felt and dealt with by all concerned including the judiciary, the executive, the politicians, the social reformers, the intelligentsia and the law enforcing agency, State of Maharashtra v. Bharat Chaganlal Raghani, (2001) 9 SCC 1.Means any continuing unlawful activity...
Common Pleas, the Court of
Common Pleas, the Court of, so called because its original jurisdiction was to determine controversies between subject and subject, one of the three Superior Courts of Common Law at Westminster, presided over by a lord chief justice and five (formerly four) puisne, judges. It was detached from the King's Court (Aula Regis) as early as the reign of Richard I., and the 14th clause of Magna Charta enacted that it should not follow the King's Court, but be held in some certain place. Its jurisdiction was altogether confined to civil matters, having no cognizance in criminal cases, and was concurrent with that of the King' Bench and Exchequer in personal actions and ejectment. It had a peculiar or exclusive jurisdiction in the following cases:-(I.) Formal or plenary.(1) Real actions, under the C.L.P. Act, 1860, s. 26.(2) Under the (English) Parliamentary Elections Act, 1868 (31 & 32 Vict. c. 125), over petitions complaining of an undue return or undue election of a member of Parliament.(II....
Extortion
The act of extorting the act or practice of wresting anything from a person by force by threats or by any undue exercise of power undue exaction overcharge...
- << Prev.
- Next >>