Any Case Which Has Been Decided - Law Dictionary Search Results
Away-going, or Way-going crops
custom or usage has been held to be reasonable and valid, see Wigglesworth v. Dallison, 1 Sm LC, decided by Lord Mansfield in 1799, and to apply to tenants by parol agreement as well as by deed … is sometimes given to him by the express terms of the contact, but, where that is not the case, he is generally entitled to do so by local custom or usage; such custom or usage has been
Notice
mortgage as against a subsequent registered incumbrancer, even with express notice. The principle on which this case was decided has become statutory under the (English) Law of Property Act, 1925, and the (English) Land Charges Act, 1925. … enjoy the full benefit of his own unexceptionable title. If a person, who has notice (except in the case of a charity), sell to another, who has no notice, and is a bona fide purchaser for valuable
Crime
etc. see OFFENCE, and consult Russell on Crimes, and Mellor v. Denham, (1880) 5 QBD 467, and other cases decided upon the meaning of 'criminal cause or matter' in Judicature Act, 1925, s. 31 (1)(a), replacing s.
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Discharge
the rule nisi should take nothing, and the suit remain in statu quo. See RULE. In a warrant case instituted otherwise than on a police report, 'discharge' or 'acquittal' of accused are distinct concepts applicable to different … custody; a jury discharged from the cause. See next title. A rule nisi is discharged when the Court decides that it shall not be made absolute, i.e., that the party who obtained the rule nisi should take
Unclaimed property
six years after demand. (5) Deposits with Bankers for Safe Custody.-It does not appear to have been judicially decided for what length of time bankers are bound to keep these, but it would seem that the liability … duplicate at the National Debt Office. The stock may be re-transferred to persons showing title after, in the case of stock exceeding 20l., three months' public notice by advertisement. A second claimant showing better title may recover
Mens rea
of penalties; the breach of them constitutes an offence and is a criminal matter.... and in such a case the substance of the enactment is that a man shall take care that the statutory direction is obeyed … (1931) 1 KB 636; Dobell v. Barber, (1931) 1 KB 219. As to what must be considered in deciding whether mens rea need be pursued, see Cambridge Law Journal, Vol. VI., No. 1, 1936, p. 1. Mens
Negligence
the person charged with negligence has failed to comply with or perform in the particular circumstance of each case. A very convenient classification has been formulated corresponding to the degree of negligence entailing liability measured by the … often, of law and fact and sometimes of fact only where it is left to the jury to decide whether the defendant has shown a want of care which would have been expected in ordinary course of
Res judicata
reconsideration of matter determined in adjudication, Stowers v. State, 657 NE 2d 194. Means a thing adjudicated; a case decided; a matter settled, Dictionary of Law, Willium C. Anderson, 1889, p. 31. The application of the doctrine
Resolution
(Companies Act, 1929, s. 117). For the purposes of the Bankruptcy Act, 1914, 'ordinary resolution' means a resolution decided by a majority in value of creditors present, personally or by proxy, at a meeting of creditors and … Resolution, a solemn judgment or decision; a revocation of a contract. As to the cases in which resolutions of the House of Commons varying or renewing taxation have statutory effect for a limited
Sufficient cause
requires adoption of pragmatic approach in justice-oriented process. The court should decide the matters on merits unless the case is hopelessly without merit. No separate standards to determine the cause laid by the State vis-a-vis private litigant … governmental conditions would be cognizant to and requires adoption of pragmatic approach in justice-oriented process. The court should decide the matters on merits unless the case is hopelessly without merit. No separate standards to determine the cause
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