Voluntarily - Law Dictionary Search Results
Home Dictionary Name: voluntarily Page: 4Volenti non fit injuria
Volenti non fit injuria. Plow. 501.-(Where the sufferer is willing no injury is done.) See this maxim criticized by Lord Esher in Yarmouth v. France, (1887) 19 QBD at p. 653, and by Lord Watson in Smith v. Baker, 1891, AC (355). The question is one for the jury, Dublin, etc., Railway Co. v. Slattery, (1878) 3 App Cas 1155. For a recent application of the maxim, see Herd v. Weardale, etc., Co., 195, AC 67.Consent or 'leave and licence' may be said to be a defence in actions of tort or prosecutions (see Archbold, Cr. Pr.), where the consent is to the specific injury or act, unless the act amounts to the infliction of a serious physical injury or where the rights of the public as well as the individual sustaining harm have intervened. The public are interested in preventing one of their number from grievous bodily harm and from exhibitions which alarm the public conscience, such as prize-fights without gloves, duels, etc., and see LIBEL.The maxim has also been invoked in cases where the p...
Unnatural offence
Unnatural offence, the infamous crime against nature, either with man or beast, punishable by the Offences against the Person Act, 1861, by penal servitude for life or any term not less than ten years, but this minimum punishment was abolished by the Penal Servitude Act, 1891.Unnatural offences, whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.Explanation.-Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section. (Penal Code, 1860, s. 377)...
Thrave, or Threave
Thrave, or Threave [Nor.-Fr.], twenty-four sheaves or four shocks of corn; a certain quantity of straw; also a herd, a drove, a heap.Means a communicated intent to inflict harm or loss on another or on another's property, especially one that might diminish a person's freedom to act voluntarily or with lawful consent, Black's Law Dictionary, 7th Edn., p. 1489....
Proved to the satisfaction of the court
Proved to the satisfaction of the court, are com-prehensive enough and indeed seem to have been intended to empower the court to go into the merits of the allegations set by the party denying or disagreeing with the terms of compromise or agreement, and decide them so that the parties get full justice in the suit in which a decree in terms of the compromise is to be passed. Where the court finds during the course of the inquiry that the alleged agreement or compromise is vitiated by fraud, misrepresentation, etc., it cannot be said legally that an agreement has been arrived at. The agreement contemplated envisages the two parties coming to certain terms voluntarily and of a free will so as to put an end to the litigation pending between them in the court, C.K. Chandrahas Shetty v. Jayaram Sasani, AIR 1970 Mys 209....
Tertius interveniens
Tertius interveniens, one who voluntarily interposes in a suit depending between others, with a view to the protection of his own interests, Civ. Law....
Status - capacity
Status - capacity, the fundamental difference bet-ween status and capacity is that the former is a legal State of being while the latter is a legal power of doing. Status determines a person's legal condition in community by reference to some legal class or group and cannot normally be voluntarily changed. The imposition of status carries with its attribution of a fixed quota of capacity and incapacities, but it does not directly compel the holder to do or refrain from doing any particular act. Capacity, on the other hand, is a legally conferred power to affect the rights of oneself and other persons to whom the exercise of the capacity is directed, subject to certain generally and legally defined limits - limits which vary in relation to each particular form of capacity. Capacity in this form is an incident of status, Mahalinga Thambiran Swamigal v. AIR 1974 SC 199 (206): (1974) 2 SCR 74....
Status
Status. The legal position or condition of a person. in Roman law this term indicated the position of a persona. A full Roman citizen must have possessed the status liberatatis, famili', and civitatis, which are sometimes called tria capita. See Sandars' Justinian; Mackenzie's Roman Law, 4th Edn. p. 81. The law of status thus classified men as slaves and free, citizens and aliens-as equals and unequals, so that it may be called the law of inequality. Much in the same way the term 'status' is used at the pesent time in connection with the law of persons, in which connection it signifies some disability or special right or treatment by the law.In Scotland, with few exceptions, actions affecting status must be brought in the Court of Session.Status determines a person's legal condition in community by reference to some legal calls or group and cannot normally be voluntarily changed. The imposition of status carries with it attribution of a fixed quota of capacity and incapacities, but it ...
Attends
Attends, means works voluntarily, Halsbury's Laws of England, Vol. 3(1), 4th Edn., Para 491, Note 5, p. 401....
Settled land
Settled land. For the purposes of the (English) Settled Land Acts, 1882-1890, 'settled land' meant land, and any estate and interest therein, which was the subject of a settlement; and 'settlement' meant any instrument, or any number of instruments, under which any land, or any estate or interest in land, 'stands for the time being limited to or in trust for any persons by way of succession' (Settled Land Act, 1882, s. 2) (see infra for the statutory definitions in the Settled Land Act, 1925, which has repealed the S.L. Acts, 1882-1890). Where the settlement consists of more instruments than one it is commonly called a 'compound settlement,' though this term is not defined in the Acts themselves; as to compound settlements, see Re Du Cane & Nettlefold, (1898) 2 Ch 96; Re Munday & Roper, (1899) 1Ch 275; Re Lord Wimborne & Browne (1904) 1 Ch 537; Wolstenholme & Cherry, Conveyancing, etc., Acts.Prior to 1856 settled estates could not be sold or leased except under the authority of some po...
Regular assessment
Regular assessment, section 148 mandates the Assessing Officer to serve a notice on the assessee before making the assessment, reassessment or re-computation under s. 147. From the aforemen-tioned provisions, it is manifest that an initial assessment made by the Assessing Officer either on the assessee voluntarily furnishing a return of the income or furnishing such a return on being served a notice under s. 148, is a 'regular assessment' under s. 2(40) of the Act, but an order passed by the Assessing Officer making a reassessment or revised assessment in a case where an assessment had been made, does not come within the meaning of the said expression, K. Govindan and Sons v. CIT, AIR 2001 SC 254: (2001) 1 SCC 460....
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