Skip to content


Unless - Law Dictionary Search Results

Home Dictionary Name: unless

Unless

Unless, means a lessee's covenant not to do a thing 'unless' he makes a stipulated payment gives him permission to do the thing on making the payment, Legb v. Lillie, 30 LJ Ex 27....


Unless a shorter period is specified in the order

Unless a shorter period is specified in the order, the s. is clear and unless a shorter period is specified in the order, s. 11A(2) applies. S. 11A(2) validly extended the period of detention till the April 1, 1953, Godavari Parulekar v. State of Bombay, AIR 1953 SC 52: (1953) SCR 210; see also AIR 1953 SC 49. [Preventive Detention Act (4 of 1950), s. 11A]...


Unless and until the contrary is proved

Unless and until the contrary is proved, significance and effect of presumption under parties in contract themselves providing a sum to be paid by the party breaking the contract-Whether this provision removes the presumption under-Whether after removal of his presumption bar under s. 21 oper-ates. (ii) The fact that the parties themselves have provided a sum to be paid by the party breaking the contract does not, by itself, remove the strong presumption contemplated by the use of the words 'unless and until the contrary is proved'. The sufficiency or insufficiency of any evidence to remove such a presumption is a matter of evidence, M.L. Devender Singh v. Syed Khaja, AIR 1973 SC 2457: (1973) 2 SCC 515: (1974) 1 SCR 312....


Unless the articles of the company otherwise provide

Unless the articles of the company otherwise provide, the effect of these words 'unless the articles of the company otherwise provide' is to subordinate the provisions of clause (c) to the provisions of the articles of association of the company. In other words, the provision that the offer of further shares shall be deemed to include the right of renunciation in favour of any other person will not apply if the articles of the company 'otherwise provide', Needle Industries (India) Ltd. v. Needle Industries Newey (India) Holdings Ltd., AIR 1981 SC 1298: (1981) 3 SCC 333: (1983) 3 SCR 698....


Unless the contrary is proved

Unless the contrary is proved, the words 'unless the contrary is proved' mean that the presumption raised by s. 4 has to be rebutted by proof and not by bare explanation which may be merely plausible. The required proof need not be such as is expected for sustaining a criminal conviction: it need only establish a high degree of probability, State of Assam v. Krishna Rao, AIR 1973 SC 28 (37): (1973) 3 SCC 227: (1973) 2 SCR 239. [Prevention of Corruption Act (2 of 1947), s. 4]...


Unless the context otherwise requires

Unless the context otherwise requires, the said definition set out is to be applied and given effect to but this rule may be departed from if there be something in the context to show that the definition could not be applied, KV. Muthu v. Angamuthu Ammal, AIR 1997 SC 628: (1997) 2 SCC 53: (1997) 1 Supreme Today 13....


Copyhold

Copyhold. Tenure in copyhold has been abolished under the (English) L.P. Acts, 1922 and 1925, and the Amending Acts of 1924 and 1926, but the greater part of the former title on this subject has been retained verbatim in view of the importance of the subject in examining titles. In the previous edition of this work, copyhold was described as a base tenure founded upon immemorial custom and usage; its origin is undiscoverable, but it is said to be the ancient villeinage modified and changed by the commutation of base services into specified rents, either in money or money's worth.A copyhold estate is a parcel of the demesnes of a manor held at the lord's will, and according to the custom of such manor. The tenant may have the same quantities of interest in this tenure as he may enjoy in freeholds, as an estate in fee-simple or (by particular custom) fee-tail, or for life, and he may have only a chattel interest of an estate for years in it. By the custom of some manors, the estate devol...


Agricultural Holdings Act, 1923

Agricultural Holdings Act, 1923 (English) (13 & 14 Geo. 5, cc. 9 and 25). By a series of statutes commencing with the Agricultural Holdings Act, 1875, statutory compensation has been provided for an outgoing agricultural tenant in respect of the improvements effected by him during his tenancy. The operation of this Act could be and frequently was excluded by agreement, but now the tenant cannot deprive himself by contract of the right to claim compensation which is conferred on him by the Act, although he may within limits substitute other benefits by agreement. The Act of 1923 (as amended by the Agricultural Holdings Amendment Act, 1923) repeals and consolidates all the earlier statutes dealing with the subject, and confers on outgoing tenants of 'holdings' the rights and benefits briefly outlined below. The term 'holding' means any parcel of land held by a tenant which is wholly agricultural or wholly pastoral, or in whole or in part cultivated as a market garden, and which is not le...


Malik or milkiyat

Malik or milkiyat, See, Ram Kishorelal v. Kamalanarayan, AIR 1963 SC 890.Malik, a devise or donee described as a 'malik' has a full right of alienation unless there is something in the context or in the surrounding circumstances to indicate that such full proprietary rights were not intended to be conferred, Sartaj Koer v. Mahadeo Bux, 29 OC 153: 1926 Oudh 332.Malik, a proprietor, Indian.The testator used the word 'malik' to describe the absolute interest in the property. The word 'malik' which had a well-known connotation, when used in a Will described the position of the divisee as an owner possessed of full proprietary rights, including a full right of alienation, unless there is something in the context or in the surrounding circumstances to indicate that such full proprietary rights were not intended to be conferred, Pearey Lal v. Rameshwar Das, AIR 1963 SC 1703 (1706): (1963) Supp 2 SCR 834.The term 'malik' when used in a will or other document as descriptive of the position whic...


Marriage

Marriage. Marriage as understood in Christendom is the voluntary union for life of one man and one woman, to the exclusion of all others, Hyde v. Hyde, 1866 LR 1 P&D 130. Where a marriage in a foreign country complies with these requirements it is immaterial that under the local law dissolution can be obtained by mutual consent or at the will of either party with merely formal conditions of official registration, and it constitutes a valid marriage according to English law, Nachimson v. Nachimson, 1930, P. 217. Previous to 1753 the validity of marriage was regulated by ecclesiastical law, not touched by any statutory nullity but modified by the Common law Courts, which sometimes interfered with the Ecclesiastical Courts, by prohibition, sometimes themselves decide on the validity of a marriage, presuming a marriage in fact as opposed to lawful marriage. A religious ceremony by an ordained clergyman was essential to a lawful marriage, at all events for dower and heirship; but if in an i...


  • << Prev.

Sign-up to get more results

Unlock complete result pages and premium legal research features.

Start Free Trial

Save Judgments// Add Notes // Store Search Result sets // Organize Client Files //