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Common law practitioner

Common law practitioner, practitioners in other common law jurisdictions who have for a period of not less than three years regularly exercised rights of audience in superior courts which administer law which is substantially equivalent to the common law of England and Wales, Consolidated Regulations of the Four Inns of Court (1988) reg. 34 (UK) Halsbury's Laws of England, Vol. 3(1), para 380, p. 296....

Doctor

Doctor, the courtesy title 'doctor' is commonly applied to all registered medical practitioners, excepting consulting surgeons. Whether or not they hold the degree of Doctor of Medicine, Halsbury's Laws of England (28), para 28, p. 31....

Common Law

Common Law [lex communis, Lat.]. 'The phrase 'common law' is used in two very different senses. It is cometimes contrasted with equity; it then denotes the law which, prior to the Judicature Act, was administered in the three ' superior ' Courts of law at Westminster, as distinct from that administered by the Court of Chancery at Lincoln's Inn. At other times it is used in contradistinction to the statute law, and then denotes the unwritten law, whether legal or equitable in its origin, which does not derive its authority from any express declaration of the will of the Legislature. This unwritten law has the same force and effect as the statute law. It depends for its authority upon the recognition given by our Law Courts to principles, customs, and rules of conduct previously existing among the people. This recognition was formerly enshrined in the memory of legal practitioners and suitors in the Courts; it is now recorded in the voluminous series of our law reports which embody the d...

Arrest

Arrest [fr. restae, Lat.; arrestare, It.; arrester, Fr., to bring one to stand], the restraining of the liberty of a man's person in order to compel obedience to the order of a Court of Justice, or to prevent the commission of a crime, or to ensure that a person charged or suspected of a crime may be forthcoming to answer it. Arrests are either in civil or (see APPREHENSION) criminal cases; civil arrests must be affected, in order to be legal, by virtue of a precept or writ issue out of some Court. The law of civil arrest (see MESNE PROCESS), so far as it still exists, is regulated by the Debtors Act, 1869 (see that title),which abolished imprisonment for debt except in special cases, as where a debtor has the means to pay his debt but refuses to do so, and s. 218 of the Companies Act, 1929, as to the power to arrest an absconding contributory in case of winding up by the Court. see also CONTEMPT OF COURT. The two great statues for securing the liberty of the subject against unlawful a...

Jury

Jury [fr. jurata, Lat.; jure, Fr.], a number of persons sworn to deliver a verdict upon evidence delivered to them touching the issue.Trial by jury may be traced to the earliest Anglo-Saxon times. One of the judicial customs of the Saxons was that a man might be cleared of an accusation of certain crimes, if an appointed number of persons (juratores, or more properly compurgatores) came forward and swore to a veredictum, that they believed him innocent. It is remarkable that for accusations of any consequence among the Saxons on the continent, twelve juratores was the number required for an acquittal. Similar customs may be observed in the laws of Athens and Rome, where dikaotai and judices answer to jurors, an of the continental Angli and Frisiones, though the number of jurors varied.See, as to the introduction and growth of trial by jury in England, Forsyth's History of Trial by Jury; and for comments on and proposed amendments of the law, see Erle's Jury Laws and their Amendment, pu...

Precedent

Precedent, a decision is a precedent of its own features. Further, the enunciation of the reason or principle on which a question before a court has been decided is alone binding as a precedent, Uttaranchal Road Transport Corporation v. Mansaram Nainwal, (2000) 6 SCC 366.A precedent acquirers added authority from lapse of time, the longer a precedent has remained unquestioned, the more hard it becomes to reverse it. The courts has to adopt a construction of law, which would inevitably result in upsetting titles long founded on the contrary view, Pratap Bahadur Sahi v. Lakshmidhar Singh, AIR 1946 PC 189: 73 IA 231; Vijaya Charari v. Khubchand, AIR 1964 SC 1099.Precedent, are not an immutable dogma. Courts may evolve principles which are applicable to the facts involved in each case, Rumana Begum v. Government of Andhra Pradesh, 1992 Cr LJ 3512.Means every judgment must be based upon facts, declared by the Indian Evidence Act, 1872 to be relevant and duly proved. But when a Judge, in dec...

Profession

Profession, 'one of a limited number of occupation or vocations involving special learning and carry-ing a social prestige -- the learned professional, law, medicine, and the church', New Lexicon Webster Dictionary, p. 798.A profession ordinarily is an occupation requiring intellectual skill, often coupled with manual skill. Thus a teacher uses purely intellectual skill while a painter uses both. In any event, they are not engaged in an occupation in which employers and employees co-operates in the production or sale of commodities or arrangement for their production or sale or distribution and their services cannot be described as material services, Safdarjung Hospital v. Kuldip Singh Sethi, AIR 1970 SC 1407 (1413): (1970) 1 SCC 735; see also Sodan Singh v. NDNC, (1989) 4 SCC 155.Calling, vocation, known employment; divinity, physic, and law are called the learned professions.Includes business, Pioneer Motors v. Municipal Council Ngarcoil, AIR 1967 SC 684: 1961 (3) SCR 609.Profession,...

Woman

Woman, the word 'woman' denotes a female human being of any age. (Indian Penal Code, s. 10)By the (English) Interpretation Act, 1889, s. 1, reproducing 13 & 14 Vict. c. 21, s. 3, words in any Act of Parliament passed after 1850 importing the masculine gender include females unless the contrary intention appears. Women became qualified to be registered as apothecaries by the Apothecaries Amendment Act, 1874 (37 & 38 Vict. c. 34), s. 5; as surgeons by the College of Surgeons Act, 1875 (38 & 39 Vict. c. 43), s. 2; and as medical practitioners by the Medical Amendment Act, 1876 (39 & 40 Vict. c. 41), s. 1, and see infra.The Sex Disqualification (Removal) Act, 1919, s. 1, provides that a person shall not be disqualified by sex or marriage from the exercise of any public function, or from being appointed to or holding any civil or judicial office or post, or from entering or assuming or carrying on any civil profession or vocation, or for admission to any incorporated society (whether incorp...

Proctor

Proctor [fr. procurator, Lat.], a manager of another person's affairs; also a university official of Oxford or Cambridge having disciplinary powers over members of the university.Proctors in the Ecclesiastical and Admiralty Courts formerly discharged duties similar to those of solicitors and attorneys in other courts, as and being a separate body of practitioners. The title still survives, but the separation no longer exists. Owing to the abolition of the jurisdiction of the Ecclesiastical Courts in causes matrimonial and testamentary, the (English) Court of Probate Act, 1857 (2 & 21 Vict. c. 77), ss. 43, 105, 106, and c. 85, s. 69, awarded compensation to the proctors, and admitted them to practise, not only in the Probate and Divorce Courts, but also in the Courts of Equity and Common Law. The Solicitors Act, 1877, s. 17, allows solicitors to practise as proctors; the Jud. Act, 1925, s. 256 (1), replacing Jud. Act, 1873 (s. 87), gives them the title of 'Solicitors of the Supreme Cour...

Office of profit

Office of profit, a person who was a Pramukh at the time of filing of nomination papers and who was drawing a honorarium was not holding an office of profit, Umrao Singh v. Yeshwant Singh, AIR 1970 Raj 134 (141). [Constitution of India, Art. 102(1)(a)]It need not be in the service of Government. Generally it is understood that an office means a position to which certain duties are attached. An office of profit involves two elements namely that there should be such an office and that it should carry some remunerations. It is not the same as holding a post under the Government and therefore for holding an office of profit under the Government, a person need not be in the service of the Government, Satrucharla Chandrasekhar Raju v. Vyricherla Pradeep Kumar Devi, AIR 1992 SC 1959: (1992) 4 SCC 404.The word 'office' does not, therefore, necessarily imply that it must have an existence apart from the person, who may hold it. Cases are known, in which, in order to make use of the Special know...

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