Appropriation Powers Of - Law Dictionary Search Results
Home Dictionary Name: appropriation powers of Page: 2Finder of goods
Finder of goods, in a public place or shop, acquires a special property in them, available against all the world, except the true owner, who may recover them at anytime within six years; the finder is bound, however, before appropriating them to his own use, to take all the means in his power to discover the owner. If the property had not been designedly abandoned, and the finder knew who the owner was, or with due exertion could have discovered him, he is guilty of larceny if he keep and appropriate the Articles to his own use, see R. v. Thurborn, (1849) 1 Den CC 387; R. v. Ashwell, (1886) 16 QBD 215.Goods found on private property belong to the owner of such property, see South Staffordshire Water Co. v. Sharman, (1896) 2 QB 44, where two rings found in the mud of a pool by a workman employed amongst others to clean the pool out were recovered from the workman by the owners of the pool; and goods found buried in the earth belong to the Crown as against the finder, but not as against ...
Churchwardens
Churchwardens, anciently styled Church Reeves or Ecclesi' Guardiani, the guardians or keepers of the church, and representatives of the body of the parish; but though in some sort ecclesiastical officers, they are always lay persons. They are a quasi corporation for certain purpose, Withnell v. Gartham, (1795) 6 TR 388 (396), and in the City of London they are a corporation for the purpose of holding lands; but beyond that they are only annual officers, Fell v. Official Trustee of Charity Lands, 1898 (2) Ch 59. They are sometimes appointed by the minister, sometimes by the Vestry and Parochial Church Meeting sitting together (see 11 & 12 Geo. 5 No. 1, s. 13), sometimes by the minister and the meeting together, sometimes one by the minister and another by the meeting, as custom directs. Where there is no custom the election must be according to Canon 89 and s. 13 above, under which they must be chosen by the joint consent of the minister and the meeting, and if they cannot agree, then t...
Appropriate court
Appropriate court, means the court which has power to make the order, Halsbury's Laws of England, Vol. 3(2), 4th Edn., Para 863, Note 4, p. 465....
legislative
legislative 1 a : having the power or performing the function of legislating b : belonging to the branch of government that is charged with such powers as making laws, levying and collecting taxes, and making financial appropriations compare administrative, executive, judicial 2 a : of or relating to a legislature [ committees] b : composed of members of a legislature [ caucus] c : created or effectuated by a legislature esp. as distinguished from an executive or judicial body d : designed to assist a legislature or its members [a research agency] 3 : of, concerned with, or created by legislation leg·is·la·tive·ly adv ...
regulatory taking
regulatory taking : an appropriation or diminution of private property rights by a governmental regulation which exceeds the government's legitimate police power (as the power to enact safety regulations) and for which the owner may seek a writ of mandamus, declaratory relief, or just compensation (as by inverse condemnation) compare physical taking, zoning NOTE: In order to determine whether a regulatory taking is effected by a regulation, a court will consider the government's interest that is being furthered by the regulation, the breadth or specificity of the regulation, and the extent of the regulation's impact on the owner's property rights and expectations. The U.S. Supreme Court has held that an owner can bring an action for compensation when the taking has deprived the owner of all use of the property even temporarily. Otherwise, the owner may be entitled only to declaratory relief. ...
Secularism
Secularism, as narrowly understood to mean neutrality of the State towards all religions and bereft of positive approach towards all religions, Aruna Roy v. Union of India, (2002) 7 SCC 368.Secularism, in the realm of Philosophy, is a system of utilitarian ethics, seeking to maximise human happiness or welfare quite independently of what may be either religious or the occult, Ziyauddin Burhanuddin Bukhari v. Brijmohan Ramdass Mehra, AIR 1975 SC 1788 (1800): (1976) 2 SCC 17: (1975) Supp SCR 281.Secularism, is a convenient label to distinguish all that is done in this world without seeking the intervention or favour of or appropriating a superhuman or divine power or being. In the realm of philosophy it is a system of utilitarian ethics, seeking to promote greatest human happiness or welfare, quite independent of what may be called either religious or the occult, Ziauddin Burhanuddin Bokhari v. Brijmohan Ramdas Mehra, (1976) 2 SCC 17....
Recommendation and prescription
Recommendation and prescription, there is a basic distinction between recommendation and pres-cription of a text book. When a text book is pres-cribed by an appropriate authority having legal power to do so, it has to be followed by the schools. Prescription of a text book carries with it a binding obligation to follow the text book. There is no such obligation when a text book is merely recommen-ded. Recommendation has merely a persuasive effect, it being open to the schools to accept the recommendation or to reject it as they think fit, Naraindas Indurkhya v. State of Madhya Pradesh, AIR 1974 SC 1232: (1974) 4 SCC 788: (1974) 3 SCR 624....
Generation
Generation, generation is also for the same purpose as are transmission and transformation of electrical energy into power of appropriate voltage, State of Mysore v. West Coast Paper Mills, AIR 1975 SC 5 (9): (1975) 3 SCC 448.A single degree or stage in the succession of persons in natural descent; the average time span between the birth of parents and the birth of their child, Black's Law Dictionary, 7th Edn., p. 694....
enforce
enforce en·forced en·forc·ing : to cause to take effect or to be fulfilled [enforcing the divorce decree] [Congress shall have power to this article by appropriate legislation "U.S. Constitution amend. XIX"] ...
demurrer
demurrer [Anglo-French, from demurrer to file a demurrer, literally, to stay, dwell, delay, from Old French demorer, from Latin demorari to delay] : a plea in response to an allegation (as in a complaint or indictment) that admits its truth but also asserts that it is not sufficient as a cause of action compare confession and avoidance NOTE: Demurrers are no longer used in federal civil or criminal procedure but are still used in some states. General demurrers are replaced in the Federal Rules of Civil Procedure by motions to dismiss for failure to state a claim on which relief may be granted. Special demurrers are replaced by motions for more definite statement. In the Federal Rules of Criminal Procedure, a motion to dismiss or to grant appropriate relief takes the place of a demurrer. Demurrers are sometimes used to question a court's jurisdiction. demurrer to the evidence : a demurrer that asserts that the evidence is not sufficient to create a question of fact for the jury to...
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