Absence Without Leave - Law Dictionary Search Results
Home Dictionary Name: absence without leaveabsence without leave
absence without leave :the military offense of being absent without leave ...
absent without leave
absent without leave :absent from one's place of duty in the armed forces without authority ...
Desertion
Desertion, (1) the criminal offence of abandoning the naval or military service without license. See ss. 12 et seq. of the (English) Army Act, 1881, replacing similar s.s of the (English) annual Mutiny Acts, and Reg. v. Cuming, (1887) 19 QBD 13.Also (2) an abandonment of a wife, a matrimonial offence, for which the remedy is under (English) Judicature Act, 1925, s. 185, by which a sentence of judicial separation may be obtained either by the husband or wife on the ground of desertion, without cause, for two years and upwards; and see (English) Matrimonial Causes Act, 1857 (20 & 21 Vict. c. 85), s. 21, as to orders for the protection of the property of wives deserted by their husbands; and the (English) Summary Jurisdiction (Married Women) Act, 1895 (58 & 59 Vict. c. 39), repealing and re-enacting the (English) Married Women (Maintenance in Case of Desertion) Act, 1886, under which a deserted wife may obtain an order from justices of the peace that the husband pay her such weekly sum, n...
Leave
Leave, having regard to the language of Rule 123 doubtless the word 'leave' has been used as a verb and not as a noun. Taking the word in its ordinary parlance if used as a verb it clearly connotes that the candidate should have given up the job or quitted the service or severed all connections with the post that he was holding. If the word 'leave' would have been used as a noun in the sense of obtaining leave or furlough then the concept of permission would undoubtedly have to be considered. In Black's Law Dictionary, Revised Fourth Edition at p. 1036 the author referring the case of Landreth v. Casey, 340 III 519; 173 NE 84 (85) observes as follows: 'Wilful departure with intent to remain away, and not temporary absence with intention of returning.' To the same effect is the definition of the word 'leave' when used as a verb in Webster's New International Dictionary at p. 1287 where it has been defined as meaning 'desert, abandon, forsake, to give up the practice, to quit service and...
Furlough
Leave of absence especially leave given to an officer or soldier to be absent from service for a certain time also the document granting leave of absence...
Abscond
Abscond, to fly the country in order to escape arrest (see FLY FOR IT) for crime. By s. 6 of the (English) Debtors Act, 1869 (32 & 33 Vict., C. 62), in any action in the High Court in which before the Act the debtor might have been arrested on 'mesne process,' the plaintiff may procure the defendant to be arrested and imprisoned up to six months (unless he has sooner given security not to quit England without leave of the Court) on proof that he has good cause of action to the amount of 50/. or upwards; that there is probable cause to believe that the defendant is about to quit England unless he be apprehended; and that the absence of the defendant from England will materially prejudice the plaintiff in the prosecution of his action. See R. S. C., Ord. LXIX....
Escheat
Escheat [eschet or echet, formed from the word eschoir or echoir, Fr., to happen], a species of reversion; it is a fruit of seigniory, the Crown or lord of the fee, from whom or from whose ancestor the estate was originally derived, taking it as ultimus h'res upon the failure, natural or legal, of the intestate tenant's family.Escheat to the Crown, the Duchy of Lancaster, the Duke of Cornwall and to mesne lords has been abolished by (English) Administration of Estates Act, 1925, s. 45(1). The right of the Crown to 'bona vacantia' now includes real property under (English) A.E. Act, 1925, s. 46. See BONA VACAN-TIA.The title of the Crown was ascertained by inquiry regulated by rules under the (English) Escheat Procedure Act, 1887 (50 & 51 Vict. c. 53), which repealed, as practically inoperative, the numerous statutes from 29 Edw. 1, by which officers called 'escheators' were authorized to hold such inquiries.If differed from a forfeiture [now abolished for treason or felony by the (Engli...
Remains on unauthorised absence
Remains on unauthorised absence, the expression 'remains on unauthorised absence' means an employee who has not respect for discipline and absents himself repeatedly and without any justification or the one who remains absent for a sufficiently long period, Pyare Lal Sharma v. Managing Director, AIR 1989 SC 1854: (1989) 3 SCC 448. (J.K. Industries Employees Service Rules and Regulationsm, Regns. 16, 14)...
Chief of the Naval Staff
Chief of the Naval Staff, means the flag officer appointed by the President as Chief of the Naval Staff or in his absence on leave or otherwise an officer appointed by the Central Government to officiate as such or in the absence of such officiating appointment the officer on whom the command devolves in accordance with regulations made under this Act [Navy Act, 1957 (62 of 1957), s. 3(2)]...
Amendment
Amendment, a correction of any errors in the writ or pleadings in actions, suits, or prosecutions. The power of allowing amendments has been much extended by modern statutes and rules, but it will not be exercised to the prejudice of a party to the proceeding; apart from this, it is in general a mere matter of costs.1. Amendment of proceedings in the Supreme Court. By R. S. C. Ord. XXVIII., r. 1, the Court or a judge may, at any stage of the proceedings, allow either party to alter or amend his indorsement or pleadings, in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties. This is the general principle. The remaining rules of the Order prescribe the practice in detail; they allow the plaintiff to amend his statement of claim once without leave, and the defendant similarly to amend a counterclaim or set-off. But a defence cannot be amended without le...
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