C J - Law Dictionary Search Results
Home Dictionary Name: c jThornton (C.J.)
Thornton (C.J.), author of a summa or abridgment of Bracton, containing most of the titles of the law in a concise form. Though a professed epitomiser, he omits many things inthat author, and does not adhere to his method, 2 Reeves, c. 11, p. 281....
C.J.
C.J. 1 chief justice 2 chief judge ...
Common employment
Common employment. The general rule that a master is liable for damage caused by the negligence of his servant has the exception that where the person injured is the fellow-servant of and engaged in common employment with the person whose negligence causes the injury, the master is not liable in an action at Common law. The principle upon which the exception rests is that 'a servant who engages for the performance of services for compensation does as an implied part of the contract take upon himself, as between himself and his master, the natural risks and perils incident to the performance of such services; the presumption of law being that the compensation was adjusted accordingly, or, in other words, that these risks are considered in the wages' [per Balckburn, J., Morgan v. Vale of Neath R. Co., (1864) 5 B&S 578]. For review of cases, see Bray, J., in Cribb v. Kynoch, Ltd., (1907) 2 KB 548. The doctrine applies in spite of difference in rank or grade between the two servants, e.g.,...
Hearing
Hearing, an investigation of a controversy. See TRIAL.A judicial session, usu. open to the public, held for purpose of deciding issues of fact or of law, sometimes with witnesses testifying, Black's Law Dictionary, 7th Edn., p. 725.Traditionally, testimony that is given by a witness who relates not what he or she knows personals but what others have said, and that is therefore dependent on the credibility of some one other than witness, Black's Law Dictionary, 7th Edn., p. 725.Word hearing can admit of a very wide and liberal interpretation. It may include recording of evidence, consideration of arguments on some aspect of suit, examination of various questions relating to suit and so on. The essential perquisite is whether the Judge is applying his mind to some aspect of the case. If he is conducting some routine work or passing interlocutory orders, he can't be said to be 'hearing the suit', Sham Lal v. Rajinder Kumar Modi, AIR 1993 J&K 50. In a suit, 'hearing' can be conducted at va...
General custom of the Punjab
General custom of the Punjab, General custom - 'the general custom of the Punjab' is inaccurate. Plowden J., in Ralla v. Budha, 50 Pun Re 1893 at p. 223 said, 'it seems expedient to point out that there is strictly speaking no such thing as a custom or a general custom of the Punjab, in the same sense as there is a common law of England, - a general custom applicable to all persons throughout the province, subject (like the English common law) to modification in its application, by a special custom of a class, or by a local custom.' Young C.J., said in Mt. Simon v. Shahu, ILR 17 Lah 10 (11): AIR 1935 Lah 93, 'There is no such thing as general customary law known to the Legislature.' In Kesar Singh v. Achhar Singh, ILR 17 Lah 101 (106): AIR 1936 Lah 68 (69), Addison A.C. J. said that the expression 'general custom of the Punjab' was clearly a misnomer. Ujagar Singh & Co. v. Jeo, AIR 1959 SC 1041 (1044): 1959 Supp (2) SCR 781....
Confession to a priest
Confession to a priest. The English law does not recognise the duty of a priest (whether Roman Catholic or Anglican) to keep secrets revealed to him in his religious character, Normanshaw v. Normanshaw, (1893) 69 LT 468; Wheeler v. Le Marchant, (1881) 17 Ch D 681; but some judges have disapproved of extorting such secrets [see, e.g., per Best, C.J., in Broad v. Pitt, (1828) 3 C&P 518]. The practice of the law on this subject is very uncertain, and in Phillimore's Ecclesiastical Law as edited by Phillimore, L.J., when at the bar, the view is taken that it is not improbable that an English Court would decide the question in favour of the inviolability of confession and expand the law into harmony with that of other Christian states. See Best, Ev.; Taylor, Ev. The 113th Canon provides that 'if any man confess his secret and hidden sins to the minister for the unburdening of his conscience, and to receive spiritual consolation and ease of mind from him,' he 'do not reveal to any person who...
Bill of Exchange
Bill of Exchange. Defined in the (English) Bills of Exchange Act, 1882 (45 & 46 Vict. c. 61), s. 3, as an 'unconditional order in writing, addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand or at a fixed or determinable future time a sum certain in money to or to the order of a specified person, or to bearer.'It is a chose in action, but, for the encouragement of commerce, it is assignable, at Common Law, by mere endorsement, so that very many names are frequently attached to one bill as endorsers, and each of them is liable to be sued upon the bill, if it be not paid in due time. the person who makes or draws the bill is called the drawer, he to whom it is addressed is, before acceptance, the drawee, and after accepting it, the acceptor; the person in whose favour it is drawn is the payee; if he endorse the bill to another, he is called the endorser, and the person to whom it is thus assigned or negotiated ...
By-laws, or bye-laws
By-laws, or bye-laws [fr. bilagines, from by, Sax., pagus, civitas, and lagen, lex, Spelm.], the laws, regulations, and constitutions of corporations, for the government of their members. See per Lord Russell, C.J., in Kruse v. Johnson, (1898) 2 QB 91. They are binding, unless contrary to law, or unreasonable, and against the common benefit, and then they are void.No trading company is allowed to make by-laws which may affect the crown, or the common profit of the people under penalty of 40l., unless they be approved by the chancellor, treasurer, and chief justices, or the judges of assize, 19 Hen. 7, c. 7.County Councils and Borough Councils under Local Government Act, 1933 (23 & 24 Geo. 5, c. 51) (English) s. 249; may make by-laws for the good rule and government of the whole or any part of the county or borough, as the case may be, and for the prevention and suppression of nuisances; Provided that by-laws made under this section by a County Council shall not have effect in any borou...
Penal statute
Penal statute, penal statute or penal law is a law that defines an offence and prescribes its corresponding fine, penalty or punishment, Karnataka Rare Earth v. Senior Geologist, (2004) 2 SCC 783 (791).Those which impose penalties or punishments for an offence committed; they are construed strictly in favour of the person charged with the offence. See, however, remarks of Lord Alverstone, C.J., in Dunning v. Swetman, (1909) 1 KB 776.The penalties or forfeitures under these statutes are generally made recoverable by the Crown, or the party aggrieved, or a common informer, as the case may be. See 4 Hen. 7, c. 20; 31 Eliz. c. 3; 18 Eliz. c. 5; 21 Jac. 1, c. 4; the (England) House of Commons (Disqualification) Acts of 1782 and 1801; and Chitty's Statutes, tit. 'Penal Actions.'This remedy is generally designated a penal action; or, where one part of the forfeiture is given to the Crown and the other part to the informer, a popular or qui tam (q.v.) action. For an instance of a recent action...
Prerogative of mercy
Prerogative of mercy. In early times the operation of the Royal Prerogative of Mercy was far wider than at the present day, as it was not only extended to some persons who in later ages would not be considered to have incurred any criminal respon-sibility, e.g., persons who had committed homicide by misadventure or in self-defence (Pollock and Maitland's Hist. Engl. Law, vol. ii., pp. 476 et seq.), but was even extended to jurors who had been attained for an oath that, though not false, was fatuous: ibid. p. 661. The power of pardoning offences is stated by Blackstone to be one of the great advantages of monarchy in general above every other form of government, and which cannot subsist in democracies. Its utility and necessity are defended by him on all those principles which do honour to human nature: see 4 Bl. Com. c. 31, p. 397. In early times, again, there were fewer offences that did not admit of being pardoned. In appeals (i.e., private accusations of felony) which were not the s...
- << Prev.
- Next >>