Continuation Clause - Law Dictionary Search Results
Home Dictionary Name: continuation clauseContinuation clause
Continuation clause. In English time policies it has been usual to provide by a clause attached to the policy, called the continuation clause, that if at the end of the period of insurance the ship is at sea, the insurance may be extended until her arrival at some port, Arnould's Marine Insurance, 8th Edn. P. 570. The Finance Act, 1901, (1 Edw. 7, c. 7), s. 11,provides that a policy of sea insurance shall not be invalid on the ground only that by reason of such a clause it may become available for a period exceeding twelve months, and a continuation clause is for this purpose defined as an agreement to the effect that in the event of the ship being at sea or the voyage otherwise not completed on the expiration of the policy, to subject-matter of the insurance shall be held covered until the arrival of the ship, or for a reasonable time thereafter not exceeding thirty days....
May have been allowed to officiate continuously
May have been allowed to officiate continuously, The words 'may have been allowed to officiate continuously' in clause (e) of Rule 16 mean actual and continuous officiation and not a fortuitous or fictional officiation. A notional construction of the clause would lead to anomalous results, State of Bihar v. Madan Mohan Prasad, AIR 1976 SC 404: (1976) 1 SCC 529: (1976) 3 SCR 110. [Bihar Superior Judicial Service Rules, R. 16 (e)]...
So long as that tax continues to be levied in that State
So long as that tax continues to be levied in that State, the plain and simple meaning which must be culled out from the said expression in the context of the other phraseology in clause (2) is that the local authority can claim protection under clause (2) if it is a local authority in the same State in which it was before the advent of the Constitution. There does not seem to be any ambiguity in this matter and there is, therefore, no escape from the position that Bellary Municipal Council in the city of Bellary which was a local authority within the State of Madras cannot take the advantage of clause (2) as at the time when it was making the claim for realisation of the tax it was a part of the Mysore State. It is neither necessary nor advisable for us to speculate or hazard a surmise to find out a reason for making this distinction between the right of a local authority in the same State and being part of the different States in the pre-Constitution and post-constitution eras, Union...
Clause
Clause, means a clause the article in which the ex-pression occurs. [Constitution of India, Art. 366(5)]A distinct section or provision of a legal documentor instrument, Black's Law Dictionary, 7th Edn., p. 243.Clauses, means a series of numbered parts into which a Bill is divided; a descriptive title is printed in the margin of each clause, Parliamentary Practice; Erskine May, 22nd Edn., 1997, p. 463The main clauses of a bill in the Indian Parliament are: (i) Extent clause, (ii) Commencement clause, (iii) Definition clause, (iv) Rule making clause etc., Practice and Procedure by Parliament, M.N. Kaul & S.L. Shakdher, 5th Edn., 2001, p. 537....
Lands Clauses Consolidation Act, 1845, (English)
Lands Clauses Consolidation Act, 1845, (English) (8 & 9 Vict. C. 18), amended by 23 & 24 Vict. C. 106, and 32 & 33 Vict. c. 18, applicable to England and Ireland, the Public Act of Parliament whereby railway companies and other public bodies, authorised by special Act of Parliament to take the land of individuals for the purpose of such special Act, enter upon and make compensation for the land. Ss. 3 and 5 apply this general Act to every undertaking established by any special Act passed after its date by which the purchase or taking of lands for such undertaking is authorised and incorporate the general Act with such special Act except when or in so far as it is expressly excluded.The (English) Acquisition of Land (Assessment of Compensation) Act, 1919 (15 & 16 Geo. 5, c. 59), varied the principles of compensation provided by the Lands Clauses Acts upon compulsory purchase by a Government Department or a local or public authority, inter alia, compensation under the Act of 1919, is to ...
Continuing offence
Continuing offence, means type of crime which is committed over a span of time, Gokal Patel Volkart Ltd. v. Dundoyya Guru Shiddaiah Hiremath, (1991) 2 SCC 141 (145). [Criminal Procedure Code, 1973, s. 472 and 468(2)(a)]A continuing offence is one which is susceptible of continuance and is distinguishable from the one which is committed once and for all. It is one of those offences which arises out of a failure to obey or comply with a rule or its requirement and which involves a penalty, the liability for which continues until the rule or its requirement is obeyed or complied with. On every occasion that such disobedience or non-compliance occurs and reoccurs, there is the offence committed. The distinction between the two kinds of offences is between an act or omission which constitutes an offence once and for all and an act or omission which continues, and therefore, constitutes a fresh offence every time or occasion on which it continues, State of Bihar v. Deokaran Nenshi, (1972) 2 ...
Puis darrein continuance, plea of
Puis darrein continuance, plea of. In olden times, when the pleadings were each entered separately on the record, every entry after the first was called a continuance. When the matter of defence arose after writ, but before plea or continuance, it was said to be pleaded 'to the further maintenance' of the action. When it arose after plea or continuance it was called a plea of puis darrien continuance--since the last continuance; see 1 H&C 797 (Odgers on Pleading, 7th Edn., p. 232).'Pleading after action' is now regulated by Order XXIV. Of the Rules of the Supreme Court....
Expiring laws continuance Acts
Expiring laws continuance Acts. Acts so called and continuing, generally until the end of the year following that in which they are passed, temporary Acts which would otherwise expire have for many years been passed at the end of each session of Parliament. The practice of passing temporary acts and continuing them by annual continuance Acts is a very old one, which has frequently caused complaint in the House of Commons (see Solicitors' Journal, April 18th, 1903). The (English) Ballot Act, 1872 (35 & 36 Vict. c. 33), was, for example, kept in force by annual inclusion in successive Expiring Laws Continuance Acts until 1908, when it was made permanent. The (English) Expiring Laws Act, 1922, made nineteen Acts permanent, thus effecting a simplification long overdue, and the (English) Expiring Laws Acts of 1925 and 1932 made permanent several other statutes....
ipso facto clause
ipso facto clause : a clause in an agreement stipulating the consequences (as termination of a lease or acceleration of a payment) of the insolvency of one of the parties called also bankruptcy clause ipso facto bankruptcy clause NOTE: An ipso facto clause is invalid under the Bankruptcy Code because a trustee is not bound by any provision or applicable law that is conditioned on the debtor's insolvency. ...
penalty clause
penalty clause 1 : a clause (as in a contract) that calls for a penalty to be paid or suffered by a party under specified terms (as in the event of a breach) and that is usually unenforceable NOTE: A penalty clause differs from a liquidated damages clause by not being tied to an estimate of possible actual damages. 2 : a clause in a statute or judgment that sets forth a penalty for a specific act or omission (as failure to make a support payment on time) ...
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