C Dictionary
Common land
Common land, means land subject to rights of common (which includes cattlegates or beastgates and rights of sole or several vesture or herbage or of sole of several pasture, but not rights held for a term of years or from year to year). Whether those rights are exercisable at all time or only during limited periods, and waste land of a manor not subject to rights of common, but does not include a town or village green or any land forming part of a Highway, Commons Registration Act, 1965, s. 22(1); Animals Act, 1971, s. 11 (UK) Halsbury's Laws of England, Vol. 2, para 474, p. 240....
Common Law
Common Law [lex communis, Lat.]. 'The phrase 'common law' is used in two very different senses. It is cometimes contrasted with equity; it then denotes the law which, prior to the Judicature Act, was administered in the three ' superior ' Courts of law at Westminster, as distinct from that administered by the Court of Chancery at Lincoln's Inn. At other times it is used in contradistinction to the statute law, and then denotes the unwritten law, whether legal or equitable in its origin, which does not derive its authority from any express declaration of the will of the Legislature. This unwritten law has the same force and effect as the statute law. It depends for its authority upon the recognition given by our Law Courts to principles, customs, and rules of conduct previously existing among the people. This recognition was formerly enshrined in the memory of legal practitioners and suitors in the Courts; it is now recorded in the voluminous series of our law reports which embody the d...
Common law constitutionalism
Common law constitutionalism, the protection of fundamental constitutional right through the common law is the main feature of common law constitutionalism, I.R. COELHO v. State of Tamil Nadu, (2007) 2 SCC 1....
Common law nuisances
Common law nuisances, is one which, apart from statute, violates the principles which the common law lays down for the protection of the public and of individuals in the exercise and enjoyment of their rights, Halsbury's Laws of England, Vol. 34, para 4, p. 4....
Common law practitioner
Common law practitioner, practitioners in other common law jurisdictions who have for a period of not less than three years regularly exercised rights of audience in superior courts which administer law which is substantially equivalent to the common law of England and Wales, Consolidated Regulations of the Four Inns of Court (1988) reg. 34 (UK) Halsbury's Laws of England, Vol. 3(1), para 380, p. 296....
Common lodging-house
Common lodging-house. See LODGING HOUSES, COMMON....
common nuisance
common nuisance see nuisance ...
Common object
Common object, 'common object' is different from a 'common intention' as it does not require a prior concert and a common meeting of minds before the attack. It is enough if each has the same object in view and their number is five or more and that they act as an assembly to achieve that object. The 'common object' of an assembly is to be ascertained from the acts and language of the members composing it, and from a consideration of all the surrounding circumstances. It may be gathered from the course of conduct adopted by the members of the assembly, State of Maharashtra v. Kashirao, AIR 2003 SC 3901 (3905): (2003) 10 SCC 434. (Penal Code, 1860, s. 141)Common object, the word object means the purpose or design and in order to make it common it must be shared by all, Charan Singh v. State of Uttar Pradesh, (2004) SCC 205....
Common object, common intention
Common object, common intention, 'common object' is different from a 'common intention' as it does not require a prior concert and a common meeting of minds before the attack. It is enough if each has the same object in view and their number is five or more and that they act as an assembly to achieve that object, Chanda v. State of Uttar Pradesh, (2004) 5 SCC 141 (147). (Indian Penal Code, 1860, s. 149)...
Common of fishery
Common of fishery, is a liberty of fishing in another man's waters in common with certain other person. It may be held as either appurtenant to a house or land (but not to a pasture), or in gross, but it appurtenant may not be without stint, Halsbury's Laws of England, para 617, p. 262....