Whereas - Law Dictionary Search Results
Home Dictionary Name: whereasWhereas
Whereas, a word which implies a recital of a fact. The word whereas when it renders the deed senseless or repugant, may be struck out as impertinent, and shall not vitiate a deed in other respects sensible. See Platt on Covts. 35....
Lawful, Legal
Lawful, Legal, legal and litigious, Litigious and lawful possession are concepts of varying legal shades deriving their colour from the setting in which they emerge. Epithet used itself indicates the filed in which they operate. The one pertains to disputed in which possession may be coterminous with physical or de facto control, only, whereas the domain of other is control with some legal basis. The former may be uncertain in character and may even be without any basis or interest but the latter is founded on some rule, sanction or excuse. Dictionarily 'litigious' means 'disputed' (Concise Oxford Dictionary) or 'disputable' or 'marked by intention to quarrel' (Webster Third New International Dictionary), 'inviting controversy', 'relating to or marked by litigation', 'that which is the subject of law suit'. (Black's Law Dictionary) Lawful on the other hand is defined as, 'legal, warranted or authorised by law'. Jurisprudentially a person in physical control or de facto possession may h...
Burden of proof
Burden of proof [onus probandi, Lat.]. the most prominent canon of evidence is, that the point in issue is to be proved by the party who asserts the affirmative, according to the civil law maxims, Ei incumbit probatio qui dicit, nonqui negat; Actori incumbit onus probandi; and Affirmanti non neganti incumbit probatio. The burden of proof lies on the person who has to support his case by proof of a fact which is peculiarly within his own knowledge, or of which he is supposed to be cognizant. See Best on Evidence, Bk. III., Pt. 1, ch. 2.The expression 'burden of proof' really means two different things. It means sometimes that a party is required to prove an allegation before judgment can be given in its favour; it also means that on a contested issue one of the two contending parties has to introduce evidence, Narayan Bhagwantrao Gosavi v. Gopal Vinayak Gosavi, AIR 1960 SC 100: (1960) 1 SCR 773: (1960) SCJ 263.The phrase 'burden of proof' has not been defined in the Indian Evidence Act....
Deemed to be
Deemed to be, a person is 'deemed to be' something the only meaning possible is that whereas he is not in reality that something, the Act requires him to be treated as if he were.When a person deemed to be the only meaning possible is that whereas he is not in reality that something the Act of the legislature requires him to be treated as if obviously for the purpose of the said Act an not otherwise, State of Maharashtra v. Laljif Rajshi Shah, (2000) 2 SCC 699....
False pretence, obtaining property
False pretence, obtaining property, this offence, though allied to larceny, is distinguishable from it, as being perpetrated through the medium of a mere fraud; it is a misdemeanour at Common Law. By the Larceny Act, 1916, s. 32:-Every person who, by any false pretence:(1) with intent to defraud, obtains from any other person any chattel, money or valuable security, or causes or procures any money to be paid or any chattel or valuable security to be delivered to himself or to any other person for the use or benefit or on account of himself or any other person; or(2) with intent to defraud or injure any other person fradulently causes or induces any other person:(a) to execute, make, accept, endorse or destroy the whole or any part of any valuable security; or(b) to write, impress or affix his name or the name of any other person, or the seal of any corporate body or society, upon any paper or parchment in order that the same may be afterwards made or converted into, or used or dealt wi...
recital
recital : a formal statement or setting forth of some relevant matter of fact in a deed or other document [a of a factual reason for a transaction] NOTE: A recital is often preceded by whereas. ...
Half life
the time it takes for one half of a substance decaying in a first order reaction to be destroyed For radioactive substances it is the time required for one half of the initial amount of the radioactive isotope to decay The half lifeis a measure of the rate of the reaction being observed For processes that are true first order processes such as radioactive decay the half life is independent of the quantity of material present and it is thus a constant The time it takes for one half the remaining quantity of a radioactive isotope to decay will be the same regardless of how far the decay process has advanced Some chemical reactions are also first order and may be characterized as having a half life However for chemical reactions the half life will depend upon temperature and in some cases other environmental conditions whereas for radioactive isotopes the rate of decay is largely independent of the environment...
Abatement
Abatement, a making less:-(1) Abatement of Freehold.-The title of a real action which has been abolished. This takes place where a person dies seised of an inheritance, and before the heir or devisee enters, a stranger, having no right, makes a wrongful entry and gets possession of it. Such an entry is technically called an abatement, and the stranger an abater. It is, in fact, a figurative expression, denoting that the rightful possession or freehold of the heir or devisee is overthrown by the unlawful intervention of a stranger. Abatement differs from intrusion, in that it is always to the prejudice of the heir or immediate devisee, whereas the latter is to the prejudice of the reversioner or remainder man: and disseisin differs from them both, for to disseise is to put forcibly or fraudulently a person seised of the freehold out of possession, Co. Litt. 277a.(2) Abatement of Nuisances.-A remedy allowed by law to a person injured by a nuisance to remove or put an end to it by his own...
Abode
Abode, habitation or place of residence; stay or continuance. In law it is used in different senses, to denote the place of a man's residence, or business, temporary or permanent. For some purposes in law a man may be deemed to have an 'abode' where he has a place of business, even although he reside elsewhere, or where he has a temporary residence, although his permanent residence is elsewhere or even abroad. But 'abode' or residence is quite distinct from domicil, which means much more than even a place of permanent residence (see DOMICIL); whereas it would seem that 'abode' does not even necessarily imply that. 'Abode' seems larger and looser in its import than the word 'residence,' which in strictness means the place where a man lives, i.e., where he sleeps or is at home. 'A man's residence, where he lives with his family and sleeps at night, is always his place of abode in the full sense of that expression', R. v. Hammond, (1852) 17 QB 781, per Lord Campbell, C.J. Consult Stroud, ...
Acting in any manner prejudicial to the main-tenance of public order
Acting in any manner prejudicial to the main-tenance of public order, The expressions 'law and order', 'public order' and 'security of the State' are distinct concepts though not always separate. Whereas every breach of peace may amount to disturbance of law and order, every such breach does not amount to disturbance of public order and every public disorder may not prejudicially affect the 'security of the State'. One has to imagine three concentric circles, in order to understand the meaning and import of the above expressions. 'Law and order' represents the largest circle within which is the next circle representing 'public order' and the smallest circle represents 'security of State'. It is then easy to see that an act may affect law and order but not public order just as an act may affect public order but not security of State. It is in view of the above distinction, the Act defines the expressions 'acting in any manner prejudicial to the security of the State' and 'acting in any ...
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