Updated: Sep 5, 2022
Q1 mention some of the Generally used words in legal circles in various subjects of law.
In order to prove any agreement is proper or not or marriage is correct or not or any transaction is proper ane and lawful; the three terms or words are used l.e. valid void and voidable.
1) Void - is that which is not legal or in other words, it is lawful or is ab initio i.e.from the time such transaction began Its effect is nullity i.e. will have no meaning in the eyes of law. So void if any contract or agreement is not enforceable in any court of law and if any person files a suit, it will be dismissed because of lack of jurisdiction to the court to entertain such transaction.
2) Voldable - It has 50% valid and 50% void character because the choice is left with the person who is affected or aggrieved by any contract or agreement of this type of voidable character. It he accepts the transaction becomes valid, and if he denies or rejects it becomes void.
3) Valid - is that which is proper and correct and usually is lawful and so it is enforceable in any court of law eg. valid contract, valid agreement of sale, valid marriage etc.
4)Prima facie - means on the face of the agreement or any legal deed it would clearly show what is the intention of the deed or what are its content and its genuineness.
5) Competency - of parties or locus standing generally any transaction of legal nature or where law prescribes certain standard or prescribes certain level or understanding or age only, those person are entitled to enter into any contract or agreement for e.g. a person who is major according to Indian majority act and who is not a minor and also who is not a person of unsound mind or lunatic is generally considered as a person of competent nature.
6) Inter vivos - Means between any two living persons.
7) Absolute owner - Legal meaning of absolute owner is much wider that is, the absoluteness or his exclusive right over other suggest that the owner can do anything with the property L.e. he can purchase with it anything he can hold and he can anjoy he can destroy, hecan dispose of it as he likes. So in short he is master to do anything of such property.
8) Custom - means and includes the following ingredients :-
it must be ancient.
it must be continuous
It must be without a break
Practiced for long period of time
Must not be opposes to any public or moraity.
Must also be not contrary to any loss then only it will calied as prope custorm. Wo see that most of personal laws are having custom as one of the moe important source of law. Cuatom if practiced for a long time, it will out weight was even written to set of law
eg - the latest Supreme court decision on National Anthem Case (i.e the childre who refused ta see in class prayer in Kerala School as singing is against their custom If song in public chorus, the children ware diamissed as a dishonor to National Anthen in appeal Supreme court held custom was prevented in their family and so it is not affecting national anthem in any matter) Therefore asked the school to reinstate the students and hald that custom outweighs written tax of law.
9) Mutatis Mutandis - So tar as it is applicable.
10) Equity - means equity - there are many equality principles. e.g. one who comes to court should come with clean hands i.e, the piaintift or dependent should not hide any facts or issues with the court either it is going to create disfavor or favor to them. They must speak out the true facts and expose all the relevant materials which the court requires in order to do justice according to equity principie.
Secondly, it also speaks "That law will help only the vigilant and not indolent i.e if you ask for your side to be considered with yout side to be considered with you opponent then on equity, you should have gone to the court at an earliest if you sleep over your rights and wake up when imitation period is over then it would not be fair on the part of the court to condone your delay uniess there is any strong reason for It.
Thirdly law of equity also demands that its other principles such as equity justice goods conscience will aiso be balanced by the court in every case and issues are decided.