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Tort

Tort [fr. tortus, Lat.], an injury or wrong independent of contract, as by assault, libel, malicious prosecution, negligence, slander, or trespass (see those titles). Actions are divided into actions in contract and actions in tort: see as to county Court jurisdiction in actions of tort when claim is under 100l. (except libel, slander seduction). See County Courts Act, 1934, s. 40, and as to costs of actions of tort commenced in High Court which could have been commenced in County Court, see s. 47, and COUNTY COURT. An action founded on tort was Tort [fr. tortus, Lat.], an injury or wrong independent of contract, as by assault, libel, malicious prosecution, negligence, slander, or trespass (see those titles). Actions are divided into actions in contract and actions in tort: see as to county Court jurisdiction in actions of tort when claim is under 100l. (except libel, slander seduction). See County Courts Act, 1934, s. 40, and as to costs of actions of tort commenced in High Court whic...


Civil nature

Civil nature, The word 'civil' according to dictionary means 'relating to the citizen as an individual; civil rights'. In Black's Law Dictionary it is defined as 'relating to private rights and remedies sought by civil actions as contrasted with criminal proceedings'. In law it is understood as an antonym of criminal. Historically the two broad classifications were civil and criminal. Revenue, tax and company etc. were added to it later. But they too pertain to the larger family of 'civil'. There is thus no doubt about the width of the word 'civil'. Its width has been stretched further by using the word 'nature' along with it. That is even those suits are cognizable which are not only civil but are even of civil nature. In Article 133 of the Constitution an appeal lies to this Court against any judgment, decree or order in a 'civil proceeding'. The word 'nature' has been defined as 'the fundamental qualities of a person or thing; identity or essential character; sort; kind; character'....


Civil Law

Civil Law, that rule of action which every particular nation, commonwealth, or city has established peculiarly for itself, more properly distinguished by the name of municipal law.The term 'civil law' is now chiefly applied to that which the Romans complied from the laws of nature and nations.The 'Roman Law'and the 'Civil Law' are convertible phrases, meaning the same system of jurisprudence; it is now frequently denominated 'the Roman Civil Law.'The collections of Roman Civil Law, before its reformation in the sixth century of the Christian era by the eastern Emperor Justinian, were the following:--(1) Leges Regi'. These laws were for the most part promulgated by Romulus, Numa Pompilius and Servius Tullius. To Romulus are ascribed the formation of a constitutional government, and the imposition of a fine, instead of death, for crimes; Numa Pompilius composed the laws relating to religion and divine worship, and abated the rigour of subsisting laws; and Servius Tullius, the sixth king,...


Civil proceeding

Civil proceeding, there is no ground for restricting the expression 'civil proceeding' only to those proceedings which arise out of civil suits or proceedings which are tried as civil suits, nor is there any rational basis for excluding from its purview proceedings instituted and tried in the High Court in exercise of its jurisdiction under Art. 226, where the aggrieved party seeks relief against infringement of civil rights by authorities purporting to act in exercise of the powers conferred upon them by revenue statutes, CIT, Bombay v. Iswarlal Bhagwandas (1966) 1 SCR 190.The words 'civil proceeding' used in Art. 133 of the Constitution cover all proceedings which directly affect civil rights, Arbind Kumar Singh v. Nand Kishore Prasad, (1968) 3 SCR 322: AIR 1968 SC 1227 (1229).The expression in our judgment covers all proceedings in which a part asserts the existence of a civil right conferred by the civil law or by statute, and claims relief for breach thereof, Cultivable land, S.A....


Civil list

Civil list, an annual sum granted by Parliament at the commencement of each reign, for the expenses of the royal household and establishment, as distinguished from the general exigencies of the state; it is the provision made for the Crown out of the taxes, in lieu of its proper patrimony, and in consideration of the assignment of that patrimony to the public use. This arrangement has prevailed from the time of the Revolution downwards, though the amount fixed for the civil list has been subject in different reigns to considerable variation. At the commencement of her reign a civil list was settled by the (English) Civil List Act, 1837 (1 Vict. c. 2), upon her late Majesty Queen Victoria for life, to the amount of 3,85,000l. was assigned for her Majesty's privy purse; in return for which grant it was provided that the hereditary revenues of the Crown (with the exception of the hereditary duties of excise on beer, ale, and cider, which were to be discontinued during the reign, and as to...


Civil consequences

Civil consequences, 'civil consequences' covers infraction of not merely property or personal right but of civil liberties, material deprivations and non-pecuniary damages. In its comprehensive connotation every thing that affects a citizen in his civil life inflicts a civil consequence, P.K. Yadav v. J.M.A. Industries Ltd., (1993) 3 SCC 259 (267). [Constitution of India, Art. 14]...


Civil post and civil service

Civil post and civil service, the true test for determination of the question whether a person is holding a civil post or is member of the civil service is the existence of a relationship of master and servant between the State and the person holding a post under it and that the existence of such relationship is dependent upon the right of the State to select and appoint the holder of the post, its right to suspend and dismiss him, its right to control the manner and method of his doing the work and the payment by it of his wages and remuneration, State of Gujarat v. Raman Lal Keshav Lal, (1980) 4 SCC 653: (1981) 1 SCR 144: AIR 1981 SC 53 (61). (Gujarat Panchayats Act, 1961, s. 203)...


Civil Engineer

Civil Engineer. In 1923 the Institution of Civil Engineers was granted a supplemental Royal Charter which gives members and associate members an exclusive right to describe themselves as 'Chartered Civil Engineers.' The term 'engineer' was originally understood to mean military engineer; the word 'civil' was therefore applied to distinguish the institution....


civil law

civil law often cap C&L 1 : Roman law esp. as set forth in the Code of Justinian 2 : the body of law developed from Roman law and used in Louisiana, in continental Europe, and in many other countries outside of the English-speaking world including esp. those that were colonized by countries of continental Europe see also the Judicial System in the back matter compare common law NOTE: Although Louisiana is the only state in the U.S. whose law is based entirely on civil law, remnants of civil law remain in other states (as Texas and California) in which countries of continental Europe had a strong influence. 3 : the law established by a nation or state for its own jurisdiction 4 : the law that applies to private rights esp. as opposed to the law that applies to criminal matters compare criminal law ...


civil procedure

civil procedure : the steps taken and methods used in bringing and conducting a civil action ;also : a course of study in the rules of procedure in civil actions ...


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