Continuity - Law Dictionary Search Results
Home Dictionary Name: continuityContinuing 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....
Continuous
Without break cessation or interruption without intervening space or time uninterrupted unbroken continual unceasing constant continued protracted extended as a continuous line of railroad a continuous current of electricity...
Continuing default
Continuing default, in 'Words and Phrases', Permanent Edition, under the head 'Continuing Offence', instances have been given which indicate that as long as the default continues the offence is deemed to repeat and, therefore, it is taken as a continuing offence, Maya Rani Ponj v. C.I.T, AIR 1986 SC 293 (299): (1986) 1 SCC 445....
Continuator
One who or that which continues esp one who continues a series or a work a continuer...
Continuance, notice of trial by
Continuance, notice of trial by, when notice of trial had been given, and the a plaintiff was not ready to proceed, instead of countermanding his notice, he might continue it to any sitting by notice of trial by continuance (R. 36, H.T. 1853). It could be given only one in a term, 1 Chit. Arch. It is now obsolete, notice of trial not being given now for any particular sittings. See NOTICE OF TRIAL...
Continuation 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....
Continuing candidate
Continuing candidate, a continuing candidate has been defined to mean not elected and not exclude from the poll at any given time, Lalit Mohan Pandey v. Pooran Singh, (2004) 6 SCC 626 (644): AIR 2004 SC 2303.Continuing candidate, has been defined to mean not elected and not excluded from the poll at any given time, Lalit Mohan Pandey v. Pooran Singh, (2004) 6 SCC 626....
Continuing wrong
Continuing wrong, If a duty continues from day to day, the non-performance of that duty from day to day is a continuing wrong, Maya Rani Punj v. Commissioner of Income-tax, (1986) 1 SCC 445: AIR 1986 SC 293: 91985) Supp 3 SCR 827....
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