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Home Dictionary Name: corpus juris Page: 2Resignation
Resignation, implies that the party resigning has been elected to the office which he resigns: a man cannot 'resign' that which he is not entitled to, Stroud's Judicial Dictionary, Vol. 3, p. 2299.Resignation, is a term of legal art having legal connotations which describe certain legal results. It is characteristically, the voluntary surrender of a position by the person on resigning, made freely and not under duress and the word is generally defined as an act of resigning or giving up, as a claim, possession or position, Corpus Juris Secundum, Vol. 77, p. 311.Resignation, must be unconditional and with an intention to operate as such, Words and Phrases (Permanent Edition) Vol. 37, p. 476.Means the spontaneous relinquishment of one's own right as conveyed by the maxim. Resignatio est juris propril spontanea refutatio, Black's Law Dictionary, 6th Edn.Resignation, must be made with intention of relinquishment the office accompanied by act of relinquishment, Prabha Aarti v. State of Utta...
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,...
Consultation
Consultation, in Words and Phrases (Permanent Edition, 1960, Volume 9, page 3) to 'consult' is defined as 'to discuss something together, to deliberate'. Corpus Juris Secundum (Volume 16A, Edn. 1956, page 1242) also says that the word 'consult' is frequently defined as meaning 'to discuss something together, or to deliberate'. By giving an opportunity to consultation or deliberation the purpose thereof is to enable the Judges to make their respective points of view known to the others and discuss and examine the relative merits of their view, High Court of Judicature for Rajasthan v. P.P. Singh, (2003) 4 SCC 239: AIR 2003 SC 1029 (1038). [Rules of High Court of Judicature for Rajasthan (1952), R. 15]A writ in the nature of a procedendo, whereby a cause, having been removed by prohibition from the Ecclesiastical Court to the King's Court, is returned thither again; for if the judges of the King's Court, upon comparing the libel with the suggestion of the party, find the suggestion false...
Occupation
Occupation, also is employed as referring to that which occupies time and attention; a calling; or a trade; and it is only as employed in this sense that the word is discussed in the following paragraphs.There is nothing ambiguous about the word 'occupation' as it is used in the sense of employing one's time. It is a relative term, in common use with a well-understood meaning, and very broad in its scope and significance. It is described as a generic and very comprehensive term, which includes every species of the genus, and encompasses the incidental, as well as the main, requirements of one's vocation calling, or business. The word 'occupation' is variously defined as meaning the principal business of one's life; the principal or usual business in which a man engages; that which principally takes up one's time, thought, and energies; that which occupies or engages the time and attention; that particular business, profession, trade, or calling which engages the time and efforts of an ...
Vistarama
Vistarama, vista+panorama, 'Indeed, the vistarama of child law persuades any sensitive society to give a high place, in its corpus juris, to child development.' [A Code for Child Rights in Legally Speaking, p. 186 (189)] (Justice V.R. Krishna Iyer...
To merge
To merge, means to sink or disappear in something else, to become absorbed or extinguished, to be combined or be swallowed up, Corpus Juris Secundum, Vol. LVII, pp. 1067-1068....
Timber
Timber, has an enlarged or restricted sense, according to the connection in which it is employed, and may refer to standing trees or wood suitable for the manufacture of lumber to be used for building and allied purposes, Corpus Juris Secundum, Vol. 54, p. 1.Timber, may be used in a restricted as well as enlarged sense. In the restricted sense it means specified trees like oak, ash, elm, teace, blackwood, ebony etc. and in the enlarged sense it means woods suitable for building, furniture, and carpentry etc., and includes standing trees. Its true meaning has to be determined from the context in which it is employed, Divisional Forest Officer v. Tata Finlay Ltd., AIR 2001 SC 2672. [See also Kerala Grants and Leases (Modification of Rights) Act, 1980, s. 4]Means at common law oak, ash and elm are timber if over twenty years old, but not so old as to have unusable wood in them. Other trees may be timber by the custom of the country. Thus beech is timber by the custom of Buckinghamshire an...
Terminus, terminal and terminal tax
Terminus, terminal and terminal tax, the word 'terminus' according to Oxford Dictionary means a point situated at or forming the end or extremity of somethings situated at the end of a line of railway. In other words, terminus means the point to which main action tends, goal, end, finishing point, the point at which something comes to an end. In Corpus Juris Secundum, Vol. 62, page 729 the word 'terminal' in connection with transportation means the fixed beginning or ending point of a given run. It would thus appear that a terminal tax could be levied only by the Corporation or the State which is the final destination of the goods sent from any other area, Man Mohan Tuli v. Municipal Corporation of Delhi, AIR 1981 SC 991 (994): (1981) 2 SCC 467: (1981) 2 SCR 894.Terminus means the point to which motion or action tends, goal, end, finishing point; sometimes that from which it starts; starting point. An end; extremity; the point at which something comes to an end, Express Mills v. Munici...
Revoke
Revoke, carries within the idea of cancellation by the same power which originally acted and not to setting aside of an original order by higher forum of power or jurisdiction. It does not mean repudiation, Corpus Juris Secundum, 1952 Edn., Vol. 77.Means an act of recalling or calling back, the act by which one having the right annuls something pre-viously done, Webster's Third New International Dictionary.Means the recall of some authority or thing granted or a destroying or making void of some deed that had existence until the act of revocation made it void, Black's Law Dictionary....
Professional misconduct
Professional misconduct, may consist in betraying the confidence of a client, in attempting by any means to practise a fraud or impose on or deceive the court or the adverse party or his counsel, and in fact in any conduct which tends to bring reproach on the legal profession or to alienate the favourable opinion which the public should entertain concerning it, Corpus Juris Secundum (p. 740, Vol. 7), see also R.D. Saxena v. Balram Prasad Sharma, (2000) 7 SCC 264.Means dishonesty or some conduct involving moral turpitude, State of Uttar Pradesh v. Kashi Prasad, AIR 1969 All 363.The test to be applied in all such cases is whether the proved misconduct of the advocate is such that he must be regarded as unworthy to remain a member of the honourable profession to which he has been admitted and unfit to be entrusted with the responsible duties that an advocate is called upon to perform. There is a world of difference between the giving of improper legal advice and the giving of wrong legal ...
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