Q8 Mention some of the generaily used words in legal circle in various subjects of law ? Elucidate.

In order to prove any agreement is proper or not or a marriage is correct one or not or

any trarisaction is proper ane and lawful; the three tems or words are used l.e. valid void and

voidable.


1) Void - is that which is not legal or in other words, it is lawtul or is ab initio i.e.from the time such transaction began Its affect is nullity i.e. will have to meaning in the eyesof law. So vold if any contract or agreements is not enforceable in any court of law and if anyperson files a suit, it will be dismissed because of lack of jurisdiction to the court to entertainsuch transaction.


2) Voldable - It has 50% valid and 50% void character because the choice is iet with the person who is atfected or aggrievad by any contract or agraement of this type of voidable character. It he accept the transaction becormes valld, and if he deniesor rejects it becomes void.


3) Valid - is that which proper and correct and usually is lawful and so it is entorceable in any court of law eg. valid oontract, valid agreement of sale, valid marriage etc.


4)Prima facie - means on the face of the agreement or any legal deed it would ciearly show what isthe intention af the deed or what are its content and its genuineness.


5) Competency - of parties or locus standing generally any transaction of legal nature or whero law prescribes certain standard or prescribes certain ievel 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 unsoundmind ar 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 Oit must be ancient. ls it must be

continuous ) It must be without break W) Practiced for long period of time v Must not beopposes to any public or moraity. vi) 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 il practised for a long time, it will out weight even written to sat of law eg - the latest Supreme court decision on National Anthem Case (Le 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 dishonour to National Anthen in appeal Supreme court held custom was prevent in their family and so it is ng affecting national antnem 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 courtshould come with clean hands Le, the piaintift or dependent should not hide any facts or issueswith the court either it is going to create distavour or favour to them. They must speak out thetrue tacts and expose all the relevant materials which the court requires in order to do justiceaccording to equity principie. Secondly l also speak "That law will help only the vigiant and notindolent ie! you ask for your side to be considered with yout aide to be considered with youopponent 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 thecourt to condone your delay uniess there is any strong reason for It. Thirdly law of equity alsodamands that its other principles such as equity justice goods conscience will aiso ba balancedby the court in every case and issues are decided



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