Always Afloat - Law Dictionary Search Results
Home Dictionary Name: always afloatAlways Afloat
Always Afloat. Charter-parties often require that a ship shall discharge her cargo 'always afloat.' This means that the port to which she is sent to discharge must be one in which she can lie safely with her full cargo and discharge it without touching the ground (Halsb. Laws of England)....
Provided always
Provided always, generally refers to and qualifies what has preceded, Martelli v. Hollowdy, LR 5 HL 532....
Canard
An extravagant or absurd report or story a fabricated sensational report or statement esp one set afloat in the newspapers to hoax the public...
Shall
Shall, a word of slippery semantics in a rule is not decisive and the context of the statute, the purpose of the prescription, the public injury in the event of neglect of the rule and the conspectus of circumstances bearing on the importance of the condition have all to be considered before condemning a violation as fatal, State of Punjab v. Shamlal Murari, (1976) 1 SCC 719.Shall, does not always mean that an act is obligatory or mandatory and it depends upon the context in which the word 'shall' occurs and the other circumstances, Ramnath Narayana Mauzo of Margoa v. Union Government of India, AIR 1968 Goa 85.Shall, does not always mean that the enactment is obligatory or mandatory. It depends upon the context in which the word shall occurs and the other circumstances, State of Madhya Pradesh v. Azad Bharat Finance Co., (1966) (Supp) SCR 473: (1967) 1 SCJ 815.Shall, in a statute, though generally taken in a mandatory sense, does not necessarily mean that in every case it shall have th...
Wreck
Wreck, such goods, including the ship or cargo or any part [(English) Merchant Shipping act, 1894 (57 & 58 Vict. c. 60], ss. 518 to 522, and Hals. L. E., sub tit. 'Shipping'; Part XII., 'Wreck,'), as, after a shipwreck, are afloat or cast upon the land by the sea. According to an old definition (Jacob's Law Dict., tit. 'Wreck') they were not wrecks so long as they remained at sea in the jurisdiction of the Admiralty. By s. 510 of the (English) Merchant Shipping Act, 1894, 'wreck' includes in that Act 'jetsam, flotsam, and derelict found in or on the shores of the sea or any tidal water.'The term is used in several senses, e.g., a ship which is so damaged as to be unable to continue her voyage is a 'wreck' for the purposes of s. 158 of the M.S. Act, 1894; and Barras v. Aberdeen Steam Trawlers, 1933, AC 402, under the (English) Merchant Shipping (International Labour Conventions) Act, 1925 (15 & 16 Geo. 5, c. 42); The Olympic, 1913 P. 92. The old distinction appears to be that if propert...
Possession
Possession, correctly understood, means effective physical control or occupation. The word 'possession' is sometimes used inaccurately as synonymous with the right to possess, Gurucharan Singh v. Kamla Singh, (1976) 2 SCC 152.Possession, does not imply mere acts of the user, or of occupation alone, but the occupation must be with the intention of exercising some claim or right in respect of the property occupied. A person who has no claim to the property but succeeds by show of force in acquiring physical control over the same cannot be treated to be in its possession, notwith-standing his physical control over it, Ram Krishna v. Bhagwan Baksh Singh, (1961) All LJ 301.Possession, implies dominion and control and the consciousness in the mind of the person having dominion that he has it and can exercise it, Chhedi Ram v. Mahngoo Tiwari, 1969 All WR (HC) 230.Possession, in common parlance denoted to occupy, to have or hold as owner, to obtain, to maintain, Krishna Prasad Jaiswal v. Kanti...
Consul
Consul, an officer appointed by competent authority to reside in a foreign country, to facilitate and extend the commerce carried on between the subjects of the country which appoints him and those of the country or place in which he is to reside. The office appears to have originated in Italy, about the middle of the twelfth century, and was generally established all over Europe in the sixteenth century. British consuls were formerly appointed by the Crown, upon the recommenda-tion of great trading companies, or of merchants engaged in trade with a particular country and place; but they are now directly appointed by Government, without requiring any such recommendation, though it, of course, is always attended to wen made. The right of sending consuls to reside in foreign countries depends either upon a tacit or express convention.The duties of a consul, even in the confined sense in which they are commonly understood, are important and multifarious. It is his business to be always on...
Payable on demand
Payable on demand, The words 'payable on demand' in a promissory note mean payable 'at once'. Ajyappankutty v. Mathoo Mathai, AIR 1955 Trav 65 (66). (Travancore Cochin Stamp Act, 1899, Art. 89)The words 'payable on demand' have been given different meaning when applied with reference to 'money lent' and 'money deposited'. In the content of Art. 21, the meaning and effect of these words is 'always payable' or payable from the moment when the loan is made, whereas in the content of Art. 22, 'the meaning is 'payable when actually a demand for payment is made'. The words 'on demand' in law have a special meaning and when an agreement states that an amount is payable on demand. It implies that it is always payable, that is payable forthwith and a demand is not a condition precedent for the amount to become payable. The meaning attached to the expression 'on demand' as 'always payable' or 'payable forthwith without demand' is not one of Universal application. The said meaning is normally app...
Sempre
Always throughout as sempre piano always soft...
Abatement
Abatement, a making less:-(1) Abatement of Freehold.-The title of a real action which has been abolished. This takes place where a person dies seised of an inheritance, and before the heir or devisee enters, a stranger, having no right, makes a wrongful entry and gets possession of it. Such an entry is technically called an abatement, and the stranger an abater. It is, in fact, a figurative expression, denoting that the rightful possession or freehold of the heir or devisee is overthrown by the unlawful intervention of a stranger. Abatement differs from intrusion, in that it is always to the prejudice of the heir or immediate devisee, whereas the latter is to the prejudice of the reversioner or remainder man: and disseisin differs from them both, for to disseise is to put forcibly or fraudulently a person seised of the freehold out of possession, Co. Litt. 277a.(2) Abatement of Nuisances.-A remedy allowed by law to a person injured by a nuisance to remove or put an end to it by his own...
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