All Laws In Force - Law Dictionary Search Results
Home Dictionary Name: all laws in force Page: 2Colonial Laws (English)
Colonial Laws (English). The validity of laws passed by colonial legislature is established by the Statute of Westminster, 1931, which enacts, subject to the provisions of the Act, that the Colonial Laws Validity Act, 1865, shall not apply to any law made after December 11th, 1931, by the Parliament of a Dominion. Also that no law made by the Parliament of a Dominion be void on the ground that it is repugnant to the law of England. The Colonial Laws Validity Act, 1865 (28 & 29 Vict. c. 63) enacts that no colonial law shall be void for repugnancy to the law of England, unless it be repugnant to the provisions of some Act of Parliament extending to the colony, or to any Order made under authority of such Act, or having in the colony the force and effect of such Act. In the case of such repugnancy the colonial law shall be void to the extent thereof and not otherwise. By the same Act all colonial legislatures are empowered to establish courts of judicature, and to abolish and reconstitute...
Precedent
Precedent, a decision is a precedent of its own features. Further, the enunciation of the reason or principle on which a question before a court has been decided is alone binding as a precedent, Uttaranchal Road Transport Corporation v. Mansaram Nainwal, (2000) 6 SCC 366.A precedent acquirers added authority from lapse of time, the longer a precedent has remained unquestioned, the more hard it becomes to reverse it. The courts has to adopt a construction of law, which would inevitably result in upsetting titles long founded on the contrary view, Pratap Bahadur Sahi v. Lakshmidhar Singh, AIR 1946 PC 189: 73 IA 231; Vijaya Charari v. Khubchand, AIR 1964 SC 1099.Precedent, are not an immutable dogma. Courts may evolve principles which are applicable to the facts involved in each case, Rumana Begum v. Government of Andhra Pradesh, 1992 Cr LJ 3512.Means every judgment must be based upon facts, declared by the Indian Evidence Act, 1872 to be relevant and duly proved. But when a Judge, in dec...
Battery
Battery [batterie, Fr., fr battre, to beat], beating and wounding. This, in law, includes every touching or laying hold, however trifling, of another's person or clothes, in an angry, revengeful, rude, insolent, or hostile manner. It is a good defence to prove that the alleged battery happened by misadventure, or that it was merely an amicable contest, or that it was the correcting of a child by its parent, or the punishment of a criminal by the proper officer, or that the prosecutor assaulted or beat the defendant first, and that the defendant committed the alleged battery merely in his own defence as to the criminal proceedings for battery, see (English) Offences against the Person Act, 1861 (24 & 25 Vict. c. 100), ss. 42, 43. See ASSAULT.Battery, includes even the slightest force, no actual harm need result, it is actionable per se, Kenlin v. Gardiner, (1967) 2 QB 510; Fagan v. Metropolitan Police Commissioner, (1969) 1 QB 439; Freeman v. Home Office, (1984) QB 524.Means a crime and...
Occupancy
Occupancy, mere possession or use either by agreement or otherwise without other claim (if any) to the ownership or enjoyment of property, also taking possession of land to which no one else lays claim or without leave of the owner.The right of occupancy has been confined by the laws of England within a very narrow compass, e.g., where a person was tenant pur autre vie, or had an estate granted to himself only (without mentioning his heirs) for the life of another man, and died without alienation, during the life of the cestui que vie, or him by whose life it was holden; in this case, he that entered first on the land was called the occupant or common occupant and might lawfully retain the possession so long as the cestui que vie lived, by right of occupancy, see Re Michell, Moore v. Moore, (1892) 2 Ch 96. The title of common occupancy is now, in effect abolished, for it is enacted by the Wills Act, 1837, s. 3, that an estate pur autre vie, of whatever tenure, and whether it be an inco...
rule
rule 1 a : a prescribed guide for conduct or action b : a regulating principle or precept 2 a : an order or directive issued by a court in a particular proceeding esp. upon petition of a party to the proceeding that commands an officer or party to perform an act or show cause why an act should not be performed [a directing the district court to show cause why its ruling should not be vacated "People v. District Court, 797 P.2d 1259 (1990)"] b : a usually judicially promulgated regulation having the force of law that governs judicial practice or procedure [s of evidence] [s of appellate procedure] see also rule of court c : rule of law 3 : all or part of a statement (as a regulation) by an administrative agency that has general or particular applicability and future effect and that is designed to implement, interpret, or prescribe law or policy or that describes the organization, procedure, or practice of the agency itself [a subject to statutory notice and comment requirement...
Declaration of war
Declaration of war. The formal announcement by one nation of an intention to treat another nation as an enemy and to commence hostilities, agreed to be necessary by the Hague Convention, 1907. In modern times the future belligerents, generally, are in a state of war before any declaration of war is made. Before this Convention was signed, in the war between Russia and Japan, the Japanese ambassador, on the 6th February, 1904, notified to Russia the rupture of negotiations and the cessation of diplomatic relations, hostile operations were commenced by Japan on the 8th February, and formal declarations of war were not made until the 10th of February by Japan, and 11th February by Russia. The British Declaration of War on Germany was made on the 4th August, 1914, after an ultimatum.The force of a declaration of war is equal to that of an Act of Parliament prohibiting intercourse with the enemy except by the king's license. As an act of State done by virtue of the prerogative it carries wi...
Fate
A fixed decree by which the order of things is prescribed the immutable law of the universe inevitable necessity the force by which all existence is determined and conditioned...
Physical
Of or pertaining to nature as including all created existences in accordance with the laws of nature also of or relating to natural or material things or to the bodily structure as opposed to things mental moral spiritual or imaginary material natural as armies and navies are the physical force of a nation the body is the physical part of man...
Laws in force
Laws in force, Article 313 refers to laws in force which means statutory laws, Union of India v. Majji Jangammayya AIR 1977 SC 757 (767): (1977) 2 SCR 28: (1977) 1 SCC 606. [Constition of India, Art. 313]--the definition of the phrase 'laws in force' is an inclusive definition and is intended to include laws passed or made by a Legislature or other competent authority before the commencement of the Constitution irrespective of the fact that the law or any part thereof was not in operation in particular areas or at all, Sant Ram v. Labh Singh, (1964) 7 SCR 756: AIR 1965 SC 314 (316)....
Tail
Tail [fr. tailler, Fr., to prune]. An estate-tail was formerly a freehold of inheritance and is now an equitable interest which may be created after 1925 in respect of personalty as well as realty by way of trust and which (if not barred or disposed of by will after 1925) will devolve inequity on the person who would have taken realty as heir of the body or as tenant by the curtesy if the Law of Property Act, 1925, had not been passed [s. 130 (4) (ibid.)]The limitation of an estate so that it can be inherited only by the fee owner's issue or class of issue, Black's Law dictionary 7th Edn., p. 1466.An estate-tail in land now constitutes a settlement. [(English) Settled Land Act, 1925, s. 1]With this and other statutory modifications under the (English) Law of Property Act, 1925, the rules relating to this form of estate are still applicable (a) in the investigation of all titles to land in existence on the 31st December, 1925; (b) in the construction of equitable interests into which th...
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