Legal Dictionary of Pakistan
Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.
A l'impossible nul nest tenu
No one is hound to do what is impossible.
Abbreviationum ille numerus et sensus accipiendus est ut concessio non sit inanis
Such number and sense is to be given to abbreviations that the grant may not be void.
Absolute assignee
a person who is assigned an unqualified interest in property in a transfer of some or all of the incidents of ownership.
Absolute assignment
an assignment that leaves the assignor no interest in the assigned property or right.
Accession
The act of acceding or agreeing <the family's accession to the kidnapper's demands>. 2. A coming into possession of a right or office <as promised, the state's budget was balanced within two years after the governor's accession>. 3. Int'l law. The process by which a nation becomes a party to a treaty that has already been agreed on by other nations < Italy became a party to the nuclear-arms treaty by accession>. - Also termed adherence; adhesion. 4. The acquisition of title to personal property by bestowing labor on a raw material to convert it to another thing <the owner's accession to the lumber produced from his land>. - Also termed (in Roman law) accessio. See ADJUNCTION (2). "Accessio is the combination of two chattels belonging to different persons into a single article: as when A's cloth is used to patch B's coat, or a vehicle let on hirepurchase has new accessories fitted to it." R.F.V. Heuston, Salmond on the Law of Torts 113 (17th ed. 1977) 5. A property owner's right to all that is added to the land, naturally or by labor, including land left by floods and improvements made by others <the newly poured concrete driveway became the homeowner's property by accession. Cf. ANNEXATION. 6. An improvement to existing personal property, such as new shafts on golf clubs. "The problem of accessions arises infrequently, judging from reported cases, but an obvious instance of the difficulty arises where a motor vehicle is being financed by a secured party and the debtor in possession of necessity acquires a new engine or new tires for the vehicle .... If the seller of the engine or tires reserved a security interest at the time the goods were installed, the seller should prevail over the vehicle's secured party, with a right to remove the accessions. Conversely, if the sale were on open credit with no security interest reserved, or if the seller acquired a security interest after installation of the goods, then the financer of the vehicle should prevail." Ray D. Henson, Handbook on Secured Transactions Under the Uniform Commercial Code § 4-22, at 93 (2d ad. 1979).ACCESSORYSHIP.
Accusator post rationabile tempus non est audiendus, nisi se bene de omissione excusaverit
A person who makes an accusation after a reasonable time has passed is not to be heard unless the person makes a satisfactory excuse for the omission.
Adversus extraneos vitiosa possessio prodesse solet
Possession though faulty is usually sufficient against outsiders. ( Prior possession is a good title of ownership against all who cannot show a better.
Aliud est possidere, aliud esse in pos,essione
It is one thing to possess, another to be in possession-
Argumentum a divisione est fortissimum in jure
An argument based on a subdivision of the subject is most powerful in law.
Argumentum ab auctoritate est fortissimum in lege
An argument drawn from authority is the strongest in law.
Argumentum ab impossibili
[latin] an argument from impossibility.
Argumentum ab impossibili plurimum valet in lege
An argument deduced from an impossibility has the greatest validity in law.
Arrestandis bonis ne dissipentur
see de arrestandis bonis ne dissipentur.
Artificial succession
see succession (4).
Assassination
n. The act of deliberately killing someone, esp. A public figure, usu. For hire or for political reasons. - assassinate, vb. -assassin, n.
Assignable, adj. That can be assigned; transferable from one person to another, so that the transferee has the same rights as the transferor had <assignable right>. Cf. Negotiable. Assignable lease
see lease.
Assignatus utitur jure auctoris
An assignee is clothed with the rights of the principal.
Assigned account
see account
Assigned counsel
see counsel. Assigned risk. See risk.
Assignee
one to whom property rights or powers are transferred by another. ( use of the term is so widespread that it is difficult to ascribe positive meaning to it with any specificity. Courts recognize the protean nature of the term and are therefore often forced to look to the intent of the assignor and assignee in making the assignment -rather than to the formality of the use of the term assignee - in defining rights and responsibilities. - also termed assign.
Assignee ad interim
an assignee appointed between the time of bankruptcy and the appointment of a regular assignee.
Assignee clause
a provision of the judiciary act of 1789 that prevented a litigant without diversity of citizenship from assigning a claim to another who did have the required diversity. ( in 1948 the assignee clause was replaced by 28 usca § 1359, which denies federal jurisdiction when a party is improperly or collusively joined, by assignment or otherwise. Merely to invoke jurisdiction.
Assigner.
See assign;
Assignment
n. 1. The transfer of rights or property <assignment of stock options>. 2. The rights or property so transferred <the creditor took the assignment>.
Assignment for the benefit of creditors
assignment of a debtor's property to another person in trust so as to consolidate and liquidate the debtor's assets for payment to creditors, any surplus being returned to the debtor this procedure serves as a state-law substitute for federal bankruptcy proceedings. The debtor is not discharged from unpaid debts by this procedure since creditors do not agree to any discharge.
Assignment in gross
a transfer of a company's trademark separately from the goodwill of the business. ( courts often hold that such an assignment passes nothing of value to the transferee.
Assignment of account
an assignment that gives the assignee the right to funds in an account, usu. To satisfy a debt.
Assignment of dower
The act of setting apart a widow's share of her deceased husband's real property.
Assignment of error
a specification of the trial court's alleged errors on which the appellant relies in seeking an appellate court's reversal, vacation, or modification of an adverse judgment. Pl.
Assignment of income
see assignment of wages under assignment (2).
Assignment of lease
an assignment in which a lessee transfers the entire un expired remainder of the lease term, as distinguished from a sublease transferring only a portion of the remaining term.
Assignment of rights
contracts. The transfer of rights from a party to a contract to a third party.
Assignment of wages
a transfer of the right to collect wages from the wage earner to a creditor. - also termed assignment of income.
Assignment pro tanto
see assignment (2).
Assignment-of-rents clause
a mortgage provision. Or separate agreement that entitles the lender to collect rents from the mortgaged premises if the borrower defaults.
Assignments of error
see error. Cf. Writ of error.
Assignor
who transfers property rights or powers, to ar, other. - also spelled assigner.
Assignor estoppel
see estoppel_
Assisa armorum
I law latin "assize of arms"] hist. A statute requiring the keeping of arms fur the cormnon defense.
Assisa de foresta
n. ; l:,v latin "assize of the forest"] hist. A statu?r concerning orders to be observed in the roya forest. - also termed ordinatio forestap; nssisr~ forestae.
Assisa de mensuris
n. [law latin "assize of measures"] hast. a. Common rule for weights and measures, estai, lished by richard i in the eighth year of l reign.
Assisa de morte antecessoris
see assize of mort d'ancestor under assize (s)
Assisa de nocumento
n. [law latin "assize of nuisance see .assize of nuisance under assize (s).
Assisa de utrum
latin "assize of utrum"] see assize utrum.
Assisa forestae
see assisa ed forestae
Assisa friscae fortiae
see assize of fresh force under assize
Assisa mortis d'ancestoris
[law latin ] see assixe of mort d'ancessstor under assize
Assisa novae disseysinae
n. [law latin] see assize of novel disseisin.
Assisa panis et cerevisiae
n. [law latin "assize of bread and ale"] h:st. A statute passed in the 51st year of the reign of henry iii, regulating the sale of bread and ale. - also termed statute of bread and ale.
Assisa proroganda
see de assisa proroganda.