Undue - Law Dictionary Search Results
Home Dictionary Name: undue Page: 3Fight
Fight. See CHALLENGES TO FIGHT.A fight is a combat between two and more persons whether with or without weapons. It is not possible to enunciate any general rule as to what shall be deemed to be a sudden quarrel. It is a question of fact and whether a quarrel is sudden or not must necessarily depend upon the proved facts of each case, Dhirajbhai Gorakhbhai Nayak v. State of Gujarat, (2003) 9 SCC 322 (327). (Penal Code, 1860, s. 300 Exception 4)A fight is a combat between two and more persons whether with or without weapons. It is not possible to enunciate any general rule as to what shall be deemed to be a sudden quarrel. It is a question of fact and whether a quarrel is sudden or not must necessarily depend upon the proved facts of each case. For the application of Exception 4, it is not sufficient to show that there was a sudden quarrel and there was no premeditation. It must further be shown that the offender has not taken undue advantage or acted in cruel or unusual manner, Ghapoo ...
Mediators of questions
Mediators of questions, six persons authorised by statute, who, upon any question arising among merchants, relating to unmerchantable wool, or undue packing, etc., might, before the mayor and officers of the staple, upon their oath, certify and settle the same; to whose determination therein the parties concerned were to submit, 27 Edw. 3, st. 2, c. 24....
Gift
Gift. The old text-writers made a gift (donatio) a distinct species of deed, and describe it as a conveyance applicable to the creation of an estate-tail; while a feoffment they strictly confine to the creation of a fee simple estate. The operative verb was 'give,' which no longer implies any covenant in law (Real Property Act, 1845 (8 & 9 Vict. c. 106), s. 4), replaced by the Law of Property Act, 1925, s. 59(2), and the deed required livery of seisin. It is obsolete. See Jac. Law Dict.A gift is now understood to mean a mere voluntary assurance or transfer of property without any consideration being given for it. Such a transaction is apt to be very jealously scrutinized in a Court of Equity, and will be set aside on proof of undue influence (see that title), or of a fiduciary relationship of the donee to the donor, see Huguenin v. Baseley, (1806-8) 14 Ves 273; W. & T. L.C.; Morley v. Loughman, (1893) 1 Ch 736 (757); Lyon v. Home, (1868) LR 6 Eq 655. In the absence of any such objectio...
Independent advice
Independent advice, means counsel that is impartial and not given to further the interests of the person giving it. Whether a testator or donor received independent advice before making a disposition is often an important issue in an undue-influence challenge to the property disposition, Black's Law Dictionary, 7th Edn., p. 774....
Induce
Induce, The dictionary meaning of the word 'induce' is to 'prevail on, persuade'. The gratifi-cation must have some connection or reflection, direct or indirect, in persuading the voter to vote or refrain from voting at an election. If the inducement to the voter is not caused by the pay-ment of the gratification to a third person but by the persuasion or influence (not undue influence) of such third person it will not be possible to say that the gratification had any indirect inducement to the voter. Payment of any gratification to any person to work or canvass at an election is outside the ambit of the definition. It will make little difference if the worker or the canvasser on payment of gratification promises or indulges in tall-talk of securing or procuring some votes for a particular candidate, Kalya Singh v. Genda Lal,AIR 1975 SC 1634: (1976) 1 SCC 304: (1975) 3SCR 783. [Representation of the People Act, 1951,s. 123(1)(a)]...
Mala fide
Mala fide, in bad faith.Mala fide, is not meaningless jargon. It has proper connotation. Mala fides depends upon its own facts and circumstances, Prabodh Sagar v. Punjab State Electricity Board, (2005) 5 SCC 630.Means an action taken in undue haste may amount to be mala fide, Inderpreet Singh Kahlon v. State of Punjab, AIR 2006 (SC) 2571: (2006) 5 JT 352: (2006) 5 SCALE 273: 2006 (4) Supreme 8: (2006) 6 SCJ 107: (2006) 5 SCJD 59: (2006) 7 SRJ 432.The expression 'malafide' has a definite significance in the legal phraseology and the same cannot possibly emanate out of fanciful imagination or even apprehensions but there must be existing definite evidence of bias and actions which cannot be attributed to be otherwise bona fide - actions not otherwise bona fide, however, by themselves would not amount to be mala fide unless the same is in accompaniment with some other factors which would depict a bad motive or intent on the part of the doer of the act, State of Punjab v. V.K. Khanna, AIR ...
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 ...
Nepotism
Undue attachment to relations favoritism shown to members of ones family bestowal of patronage in consideration of relationship rather than of merit or of legal claim...
Multiplicity
Multiplicity. A bill in equity might have been objectionable for an undue dividing or splitting up of a single cause of suit, and thus multiplying subjects of litigation. Equity discourages unreasonable litigation. It would not, therefore, permit a bill to be brought for a part of a matter only where the whole was the proper subject of one suit. See (English) Jud. Act, 1873, s. 24 (7) [see now (English) Jud. Act, 1925, s. 43]; and as to inferior courts, see ss. 89-91 [see now (English) Jud. Act, 1925, ss.201, 202, 203]....
Quo warranto
Quo warranto, a writ issuable out of the King's Bench Division of the High Court of Justice, in the nature of a writ of right for the Crown against him who claims or usurps any office, franchise, or liberty to inquire 'by what authority' he supports his claim, in order to determine the right. It lies also in case of non-user or long neglect of a franchise, or mis-user or abuse of it, whereby it is forfeited.This proceeding was, until 1872, the one generally adopted for the purpose of trying the right to be elected to municipal offices, but the (English) Corrupt Practices (Municipal Elections) Act, 1872, by s. 12, replaced by the (English) Municipal Corporations Act, 1882, s. 87 [see now s. 71 of the (English) Local Government Act, 1933 (23 & 24 Geo. 5, c. 51)], substituted an election petition in the cases where an election is sought to be questioned on the ground of bribery, etc., disqualification, or undue return. By s. 84 of the Act of 1933, proceedings must be instituted within six...
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