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Quia timet

Quia timet, is the right to be protected against anticipated future injury that cannot be prevented by the present action. The doctrine of 'quia timet' permits equitable relief based on a concern over future probable injury to certain rights or interest, where anticipated future injury cannot be prevented by a present action at law, such as where there is a danger that a defense at law might be prejudiced or lost if not tried immediately, 27A Am. Jur. 2d Equity 93, at 581.Means 'because he fears'. A legal doctrine that allows a person to seek equitable relief from future probable harm to a specific right or interest, Black's Law Dictionary, 7th Edn., p. 1260.Means an action brought to prevent a wrong that is apprehended, Kushab Gogoi v. Hon'ble Speaker, Assam Legislative Assembly, (1995) 1 Gau LR 53....


Fellow - servant

Fellow - servant, At Common Law a master is not liable to his servant for injury caused by the negligence of a fellow-servant, Priestly v. Fowler, (1837) 3 M. & W. 1, but this state of the law was altered by the (English) Employers Liability Act, 1880 (43 & 44 Vict. c. 42), at first limited to expire on the 31st December, 1887, but since continued by successive (English) Expiring Laws Continuance Acts. See COMMON EMPLOYMENT; WORK-MEN'S COMPENSATION ACT. At Common Law a master is not liable to his servant for injury caused by the negligence of a fellow-servant, Priestly v. Fowler, (1837) 3 M. & W. 1, but this state of the law was altered by the (English) Employers Liability Act, 1880 (43 & 44 Vict. c. 42), at first limited to expire on the 31st December, 1887, but since continued by successive (English) Expiring Laws Continuance Acts. See COMMON EMPLOYMENT; WORK-MEN'S COMPENSATION ACT....


Reserving points of law

Reserving points of law. It was long the practice for a judge at the assizes to reserve points of law for consideration by the full Court (for which he was sitting as Commissioner) at Westminster, and this practice, recognised by s. 34 of the Common Law Procedure Act, 1854, which conferred a right of appeal, was kept up by s. 46 of the Judicature Act, 1873, and R.S.C. Ord. XXXVI., r. 22, of the Rules of 1875. But s. 17 of the Appellate Jurisdiction Act, 1876, and R.S.C. Ord. XXXVI., r. 22A (now rescinded), substituted for this procedure the argument of the point on 'further consideration' before the judge himself, and now by R.S.C. Ord. XXXVI., r. 39, the judge shall, at or after trial, direct judgment to be entered as he shall think right, and no motion for judgment shall be necessary.As to the reserving points of law at sessions or assizes, see Crown Cases Act, 1848; Judicature Act, 1873, s. 47 [see now Jud. Act, 1925, s. 31 (1) (a)], and Judicature Act, 1875, s. 19 [see now (English...


counselor-at-law

counselor-at-law pl: counselors-at-law : counsel compare attorney-at-law ...


Stamp duties

Stamp duties, a branch of the revenue. They are a tax imposed on all parchment and paper whereon certain legal proceedings and certain private ins-truments re written; and on licences for various purposes.The consolidating Stamp Act, 1870, superseded the very numerous older enactments [in great part repealed by the (English) Inland Revenue Repeal Act, 1870 (33 & 34 Vict. c. 90)] in regard to the duty on the various classes of instruments, but by s. 17 of the Stamp Act, 1870 (re-enacted by s. 14 of the Stamp Act, 1891), reversing the former law, see Buckworth v. Simpson, (1835) 1 CM&R 384, the stamp to be affixed to an unstamped document to render it admissible in evidence was not the stamp in accordance with the law at the time of affixing it, but the stamp in accordance with the law in force at the time when the document was first executed.Very important alterations in the law of stamps were effected by the Customs and Inland Revenue Act, 1888. Prior to that Act it was no offence not ...


barrister-at-law

barrister-at-law pl: barristers-at-law : barrister often used as a formal title ...


attorney-at-law

attorney-at-law pl: attorneys-at-law : lawyer compare attorney-in-fact ...


At law

At law, means according to law, by, for, or in law, Black Law Dictionary 7th Edn., p. 122....


Chancellor of a Diocese, or of a Bishop

Chancellor of a Diocese, or of a Bishop, a law officer, appointed to hold the Bishop's Court in his diocese, and to adjudicate upon matters of ecclesiastical law. He is the vicar-general of the bishop, and by Canon 127 must be at least 26 years old, must be learned in the Civil and Ecclesiastical Laws, must be at least a Master of Arts or Bachelor of Law, and 'reasonably well practised in the course thereof, as likewise well affected, and zealous bent to religion, touching whose life and manners no evil example is had.' By the same canon, he must take the Oath of Supremacy and subscribe the Thirty-nine Articles of Religion (see that title)....


heir at law

heir at law see heir ...


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