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Home Dictionary Name: advise Page: 2Special circumstances
Special circumstances, the expression 'special cir-cumstances' is not defined in the Civil Procedure Code nor is it capable of any precise definition by the court because problems of human beings are so varied and complex. In its ordinary dictionary meaning it connotes something exceptional in character, extraordinary, significant, uncommon. It is an antonym of common, ordinary and general. It is neither practicable nor advisable to enumerate such circumstances. Non-service of summons will undoubtedly be a special circumstance, Rajni Kumar v. Suresh Kumar Malhotra, (2003) 5 SCC 315. (Civil PC, 1908, O. 37, R. 4)In its ordinary dictionary meaning it connotes some-thing exceptional in character, extraordinary, signi-ficant, uncommon. It is an antonym of common, ordinary and general. It is neither practicable nor advisable to enumerate such circumstances. Non-service of summons will undoubtedly be a special circumstance, Rajni Kumar v. Suresh Kumar Malhotra, AIR 2003 SC 1322: (2003) 5 SCC...
Scalping
Scalping, means the purchase of a security by an investment adviser before the adviser recommends that a customer by the same security, Black's Law Dictionary, 7th Edn., p. 1345....
Distinctly
Distinctly, the word 'distinctly' means 'directly', 'indubitably' 'strictly', 'unmistakably'. The word has been advisedly used to limit and define the scope of the provable information. The phrase 'distinctly' relates 'to the fact thereby discovered' (sic) (and?) is the linchpin of the provision, Mohd Inoyatallah v. State of Maharashtra, (1976) 1 SCC 828: AIR 1976 SC 483 (485). (Evidence Act, 1872, s. 27)The word 'distinctly' means 'directly', 'indubitably', 'strictly', 'unmistakably'. The word has been advisedly used to limit and define the scope of the provable information. The phrase 'distinctly' relates 'to the fact thereby discovered' and is the linchpin of the provision, Anter Singh v. State of Rajasthan, AIR 2004 SC 2865 (2869): (2004) 10 SCC 657. (Evidence Act, 1872, s. 27)...
Partnership
Partnership, the relation which subsists between persons carrying on a business with a view to profit--so defined by s. 1, sub-s. 1, of the (English) Partnership Act, 1890 (53 & 54 Vict. c. 39), a codifying Act of fifty s.s, 'to declare and amend the law of partnership,' which, in effect, transfers the law of the subject from the region of reported cases to that of the statute; Bovill's Act' (see that title) of 1865 (28 & 29 Vict. c. 86), and a small part of the (English) Mercantile Law Amendment Act of 1856, being the only previous statutory enactments on the subject.Rules, which, however, subject to any agreement express or implied between the partners, are laid down by s. 24 for determining the interest of partners in the partnership property and their rights and duties in relation to the partnership. They provide, amongst other things, for equal shares in profits and equal contributions to losses; for indemnification of every partner by the firm in respect of payments properly made...
Laudare
Laudare, to advise or persuade; to arbitrate....
Misprision
Misprision [fr. mepris, Fr.], neglect, negligence, or oversight.All such high offences as are under the degree of capital, but nearly bordering thereon, are misprisions; and it is said that a misprision is contained in every treason and felony whatsoever, and that, if the Crown so please, the offender may be proceeded against for the misprision only. And upon the same principle, while the court of Star Chamber existed, it was held that the sovereign might remit a prosecution for treason, and cause the delinquent to be censured in that Court, merely for a high misdemeanour; as in the case of Roger, Earl of Rutland, in 43 Eliz., concerned in Essex's rebellion. Every great misdemeanour, according to Coke, which has no certain term appointed by the law, is sometimes called a misprision.Misprisions are divided in the text-books into two kinds:-(1) Negative, the concealment of what ought to be revealed; such is misprision of treason, the bare knowledge and concealment of treason without any ...
Mutus
Mutus, silent, not having anything to say.Standing mute is when a person, being arraigned, either cannot speak, or refuses to answer or plead. SEE PEINE FORTE ET DURE.To advise a prisoner to stand mute is a contempt of Court. see MISPRISON....
Panel
Panel [fr. panellum, Lat.; panneau, Fr., a square or panel]. 1. A little part, or rather a schedule or page, containing the names of such jurors as the sheriff returns to pass upon a trial; and empannelling a jury is nothing but the entering them into the sheriff's roll or book, Jac. Law Dict.; Co. Litt. 158 b.2. In Scots law, the accused person in a criminal trial after appearance in court.3. Panel of Arbitrators, the name given to the permanent Court or Tribunal established under the Hague Arbitration Convention.The term is often applied to the list of such medical practitioners as have agreed to administer the Medical Benefit under the National Health Insur-ance Acts. Those entitled to be treated by such a medical practitioner are popularly called 'panel-patients,' and the word is used to denote a list of any authoritative persons or consultants where determination or advise is required by statute, e.g., arbitrators under the (English) Acquisition of Land (Assessment of Compensation...
city attorney
city attorney : an attorney holding a public office whose function is to advise and represent the city in legal matters NOTE: The office of the city attorney has many different titles. In some places the city attorney is called city solicitor or city counselor. At the town level, the title used is often town counsel. In Boston, the title corporation counsel is used. In Cleveland, it is director of law. ...
Retainer
Retainer. (1) The contract between client and solicitor or between solicitor and counsel for professional services: the contract that such services shall not be given to the opposite party; (2) a document given by a solicitor to counsel, engaging the person who receives it to appear for a party, either in some particular suit or action in prospect (which is called a special retainer, or in all matters of litigation in which such party may at any time be involved; this is called a general retainer. Subject to rr. 20 and 21 of the Retainer Rules, a special retainer is binding if duly tendered, whether accepted or not, but there is no rule of the profession which makes a general retainer binding on a counsel unless it is accepted by him.Rules 20 and 21 are shortly as follows.By rule 20 counsel who has drawn pleadings or advised, or accepted a brief, during the progress of an action on behalf of any party must not accept a retainer or brief from any other party without giving the party or ...
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