Break In - Law Dictionary Search Results
Home Dictionary Name: break in Page: 3Breakup
Disruption coming apart a separation and dispersion of the parts or members as a break up of a meeting assembly or dinner party the break up of a spacecraft on re entry into the atmosphere...
Housebreaking
The act of breaking open and entering with a felonious purpose the dwelling house of another whether done by day or night See Burglary and To break a house under Break...
Domus sua cuique est tutissimum refugium
Domus sua cuique est tutissimum refugium, (To every one his own house is the safest refuge.) See Broom's Leg. Max.; Semayne's case, (1605) 5 Rep. 91; 1 Sm. L.C., 1, in which the extent of a sheriff's power to break doors was discussed, and five points resolved, the first being that every man's house 'is to him as his castle,' so that he is justified in killing another who breaks into his house to rob or murder him; and a sheriff to execute process may not break an outer door [see per Lord Ellenborough, C.J., in Burdett v. Abbott, (1811) 14 East 157]; neither may a bailiff to distrain for rent, though he may enter through an open window [Crabtree v. Robinson, (1885) 15 QBD 312] or over a wall (Long v. Clarke, 1894 QB 19)....
Fieri facias
Fieri facias, usually abbreviated fi. fa. (that you cause to be made), a judicial writ of execution, the most commonly used that lies for him who has recovered any debt or damages in the King's Courts. It is a command to the sheriff, that of the goods and chattels of the party he 'cause to be made' the sum recovered by the judgment, with interest at 4l. per cent. from the time of entered-up judgment, to be rendered to the party who sued it out. If the sheriff return nulla bona, an alias fi. fa. may issue; and upon that being returned, a pluries or testatum fi. fa. may be issued into another county. The 12th s. of the Judgments Act,1838 (1 & 2 Vict. c. 110), authorizes the sheriff to seize money, bank notes, cheques, bills of exchange, etc., of the person against whose effects the writ is sued out; but he cannot seize money or bank notes after the death of the debtor, Johnson v. Pickering, (1908) 1 KB 1.A writ of execution that directs a marshal or sheriff to seize and sell a defendants...
Fracture
Fracture, It is true that fracture has not been defined in the Penal Code. It is sometimes though as in the case of Po Yi Maung v. Ma E Tin, A (1937) Rang 253 that the meaning of the word fracture would imply that there should be a break in the bone and that in the case of a skull bone it is not merely sufficient that there is a crack but that the crack must extend from the outer surface of the skull to the inner surface. In Mutukdhar Singh v. Emperor, A (1942) Pat 376, it was observed that if the evidence is merely that a none has been cut and there is nothing whatever to indicate the extent of the cut, whether a deep one or a mere scratch on the surface of the bone, it will be difficult to infer is a grievous hurt within the meaning of S. 320 of the Penal code. Both these assumptions are misleading. It is not necessary that a bone should be cut through and through or that the crack must extend from the outer to the inner surface or that there should be displacement of any fragment of...
Sacrilege
Sacrilege, larceny from a church. By s. 24, Larceny Act, 1916, breaking and entering any church, chapel, meeting-house, or other place of divine worship and committing any felony therein, or being therein and committing any felony therein, and breaking out of the same, is felony punishable by penal servitude or imprisonment. The offence was for a long time capital, the last execution having taken place in 1819.The act or an instance of desecrating or profaning a sacred thing, Black's Law Dictionary, 7th Edn., p. 1336....
Scold
Scold [communis rixatrix, Lat.], a troublesome and angry woman who, by brawling and wranging amongst her neighbours, breaks the public peace, increases discord, and becomes a public nuisance to the neighbourhood, 4 Steph. Com. see CASTIGATORY.A person who regularly breaks the peace by scolding people, increasing discord, and generally being a public nuisance to neighbourhood, Black's Law Dictionary, 7th Edn., p. 1348....
Unless and until the contrary is proved
Unless and until the contrary is proved, significance and effect of presumption under parties in contract themselves providing a sum to be paid by the party breaking the contract-Whether this provision removes the presumption under-Whether after removal of his presumption bar under s. 21 oper-ates. (ii) The fact that the parties themselves have provided a sum to be paid by the party breaking the contract does not, by itself, remove the strong presumption contemplated by the use of the words 'unless and until the contrary is proved'. The sufficiency or insufficiency of any evidence to remove such a presumption is a matter of evidence, M.L. Devender Singh v. Syed Khaja, AIR 1973 SC 2457: (1973) 2 SCC 515: (1974) 1 SCR 312....
Pasture
Pasture, land on which cattle feed. See Norton on Deeds.The laying down permanent pasture with the written consent of the landlord is an improvement for which a tenant is entitled to compensation on quitting by the (English) Agricultural Holdings Act, 1923; and so is, though without any consent or notice, laying down temporary pasture with clover, grass, lucerne, sainfoin, or other seeds, sown more than two years before the termination of the tenancy. See AGRICULTURAL HOLDINGS ACT.Breaking up pasture is frequently prohibited by penal rents and otherwise in agricultural leases, and s. 29 of the (English) Agricultural Holdings Act, 1923, which restricts penal rents to the actual damage done, excepts 'breaking up permanent pasture,' amongst other things, from its operation. See Rush v. Lucas, (1910) 1 Ch 437, and Aggs on Agricultural Holdings....
Sealed container
Sealed container, means a container which is 'so closed that access is impossible without breaking the fastening, CST v. G.G. Industries, (1968) 21 STC 63 (SC).Sealed containers, 'sealed Container' merely means a container which is 'so closed that access 'to the contents' is impossible without breaking the fastening'. The expression 'seal' in this context does not involve an affixture of the seal of the seller such as impressing a signet in wax, etc., as evidence or guarantee of authenticity. An article may be regarded as put in sealed containers if it is closed securely in any vessel or container by any kind of fastening or covering that must be broken before access can be obtained to what is packed inside, Martand Dairy and Farm v. Union of India, AIR 1975 SC 1492 (1493): (1975) 4 SCC 313: (1975) Supp SCR 265. (Central Sales Tax Act, 1956, s. 6)...
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