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Labourer
Labourer, according to the dictionary meaning, this indicates a person who is engaged in the performance of unskilled labour, generally speaking. A person who is called upon to do some work which requires some amount of skill, however little that may be, is not to be regarded as a labourer, G. Venkatachalam Pillai v. Labour and Co. (Pte.) Ltd., AIR 1961 Mad 358 (359). [Limitation Act, 1908, Art. 7]Means servants in husbandry or manufactures, not living intra m'nia. Various repealed Acts of (English) Parliament (see, e.g., 5 Eliz. c. 4) have vested in the justices of the peace the power of com-pelling persons not having any visible livelihood to go out to service in husbandry, or in certain specific trades, for the promotion of honest industry. A 'labourer' is a man who digs and does other work of that kind with his hands (per Brett, M.R., Morgan v. London General Omnibus Co., (1884) 53 LJQB 352); but a farmer is not a labourer within the Sunday Observance Act, 1677 (29 Car. 2, c. 7) [R...
Mandamus
Mandamus [we command). (1) A high prerogative writ of a most extensive remedial nature. In form it is a command issuing in the King's name from the King's Bench Division of the High Court only, and addressed to any person, corporation, or inferior court of judicature requiring them to do something therein specified, which appertains to their office, and which the court holds to be consonant to right and justice. It is used principally for public purposes, and to enforce performance of public duties. It enforces, however, some private rights when they are withheld by public officers.It is a general rule that this writ is only to be issued where a party has no other specific remedy; and he must apply to the court without delay. the jurisdiction is altogether in the discretion of the court. It can only be obtained from the King's Bench Division, and on motion, and not in an action; [(English) R.S.C., Ord. LIII., r. 4]. For rules of procedure, see (English) Crown Office Rules, 1906, rr. 49...
Uses
Uses (History). A use is the intention or purpose, express or implied, upon which property is to be held. The Common Law treated the actual possessor for all purposes as the owner of the property. It was not difficult to find him out, since the possession of his estate was conferred upon him by a formal and notorious ceremony, technically called livery of seisin, which was performed openly and in the presence of the people of the locality.It soon became evident that the simple rules of the Common Law were stumbling-blocks to the complicated wants of an enterprising people.Hence ingenuity was sharpened to hit upon a device which should set at nought the rigidity of existing law and formalities.A system was found by the monastic jurists upon a model furnished by the Civil Law, which, by a nice adaptation, evaded, without overturning, the Common Law. Two methods of transferring realty began to co-exist in this country-the ancient Common Law system, and the later invention, which is denomi...
Presentation
Presentation, the offering by the patron of a benefice to the ordinary of a person to be instituted to the benefice. It must be in writing (29 Car. 2, c. 3), and is in the nature of letters-missive to the ordinary.The sovereign, as protector ecclesi', is the patron paramount of all benefices which do not belong to other patrons, and usually presents by letters-patent (26 Hen. 8, c. 1; 1 Eliz. c. 1).As to other patrons, the right of presentation is sometimes confounded with that of nomination; but presentation is the offering a person to the bishop, while nomination is the offering such a person to the patron. These two rights may co-exist in different persons; thus where an advowson is vested in trustees or mortgagees they have the right of presentation, while the right of nomination is in the cestui que trust, or mortgagors, but the trustees or the mortgagee must judge of the qualification of the nominee, Mirehouse on Advowsons, 136.A bishop has, by Canon 95 (which abridged the period...
Experts
Experts, referred in Indian Evidence Act, 1872 (1 of 1872), s. 45.The witnesses who give evidence upon matters of their own professional knowledge, as distingui-shed from particular matters of fact, e.g., professed judges of handwriting, foreign lawyers as to foreign law (see Re Turner, 1906 WN 27), or doctors as to the effects of drugs or poisons. The admissibility of such evidence rests upon the maxim cuilibet in sua arte est credendum.Regarding Court Experts, see R.S.C.Ord. XXXVIIA. An arbitrator under the (English) Small Holdings and Allotments Act, 1908 (8 Edw. 7, c. 36), cannot by virtue f Schedule I. (5) of that Act hear expert witnesses except by direction of the Minister of Agriculture and Fisheries. See Best on Evidence; as to privilege of expert on handwriting, see Seaman v. Netherclift, (1876) 2 CPD 53; and as to the caution with which well-paid expert evidence is to be accepted as proof, see per Jessel, M.R., in Lord Abinger v. Ashton, (1873) LR 17 Eq. 358....
Verba chartarum fortius accipiuntur contra proferentem
Verba chartarum fortius accipiuntur contra proferentem. Co. Litt. 36; Bac. Max. Reg. 3; Broom's Max.-(The words of deeds are received more strongly against the grantor.) Bacon styles this 'a rule drawn out of the depth of reason'; but in 1877, Jessel, M.R., in Taylor v. St. Helen's Corporation, 6 Ch D at p. 280, citing three House of Lords cases, 'did not see how it could be considered as having any force at the present day.' The cases cited by Jessel, M.R., however, all turned upon the construction of wills; the maxim has been recognized in the House of Lords since 1877, see Birrell v. Dryer, (1884) 9 App Cas 345; and it is submitted that the dictum of Jessel, M.R., is incorrect....
Contract
Contract, an agreement between competent parties, to do or to abstain from doing some act. For numerous other definitions, see Chalmers's Sale of Goods Act, App. II., where it is said that the 'disposition of the best modern writers appears to be to define ' contract ' as an agreement enforce-able at law,' but contended that this definition seems rather too narrow.Every contract is founded upon the mutual agree-ment of the parties; the other essentials are legality, capacity (depending on age, mental ability, sex and status) a mutual identity of consent (consensus ad idem), and form. When an agreement is stated either verbally or in writing it is usually called an express contract; when the agreement is matter of inference and deduction, it is called n implied contract. (See IMPLIED CONTRACT.)Contract, which provides that the price includes the cost of the goods, the freight and the insurance premium for the transit, Halsbury's Laws of England, Vol. 3(1), para 253, p. 210.Contracts may...
Maxim
Maxim [fr. maximum Lat.], an axiom; a general principle; a leading truth so called, says Coke, quia maxima est ejus dignitas et certissima auctoritas, atque quod maxime omnibus probetur, 1 Inst. 11.Modern opinion, however, does not rate maxims so highly, and Lord Esher, M.R., in Yarmouth v. France, (1887) 19 QBD 653, in connection with Volenti non fit injuria, went so far as to say that they are almost in variably misleading, and for the most part so large and general in their language that they always include something which really is not intended to be included in them. Similarly, the late Mr. Justice Stephen (Hist. Crim. Law, 94) wrote:-'They are rather minims than maxims, for they give not a particularly great, but a particularly small, amount of information. As often as not the exceptions and qualifications are more important than the so-called rules'--which, while they mostly bad abstracts of it. A contrary view, however, is given in a lecture by Mr. H.F. Manistry, K.C., on 'The ...
Recital
Recital, is evidence as against the parties to the instrument and those claiming under them and in an action on the instrument itself, the recitals operate as an estoppel, though would not be so on a collateral matter, Ram Charan Das v. Girja Nandini Devi, AIR 1966 SC 323: (1965) 1 SCWR 837: (1966) 1 SCJ 61.The rehearsal or making mention in a deed or writing of something which has been done before, 1 Lilly Abr. 416. As to how far the recitals govern the construction of a deed the rule is as follows:-If the recitals are clear and the operative part is ambiguous, the recitals govern the construction. If the recitals are ambiguous, and the operative part is clear, the operative part must prevail. If both the recitals and the operative part are clear, but they are inconsistent with each other, the operative part is to be preferred [Ex parte Dawes, (1886) 17 QBD 286, per Lord Esher, M.R.]. As between the parties to a deed and for its purposes only and subject to the intention of the partie...
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