Disabling Statutes - Law Dictionary Search Results
Home Dictionary Name: disabling statutes Page: 2 Page 2 of about 32 results ( seconds)Financial non-viability
Financial non-viability, The expression 'financial non-viability' has not been defined in the Income Tax Act but the Finance Minister's speech, the Notes on Clauses of the Bill and the Memorandum explaining the provisions thereof make it clear that the financial non-viability of an undertaking has been equated with the 'sickness' of such undertak-ing and obviously in the context of its revival by a sound undertaking the sickness must be of a temporary character and not any basic or permanent sickness. An undertaking which is basically or potentially non-viable will ordinarily be incapable of revival and would face a closure; in other words, the financial non-viability spoken of by the s. must refer to sickness brought about by temporary adverse financial circumstances that disables the unit to stand and work on its own. Since the expression is occurring in a taxing statute in the context of amalgamation of companies it will have to be understood in its popular sense, that is to say, th...
Minor
Minor, a person under twenty-one years of age. There is no legal distinction between a minor in this sense and an infant. See INFANT. Strictly speaking, in Scotland a minor is a person between the ages of pupilarity and majority--in males from fourteen to twenty-one years and females from twelve to twenty-one years. minors must act with a curator if they have one, whereas pupils (under the age of pupilarity) act through their tutor. These are summary disabilities imposed by Common Law and Statute on minors.It means a person of either sex who is under eighteen years of age. [Child Marriage Restraint Act, 1929, s. 2 (d)]It means a person who has completed the age of sixteen years but has not completed the age of eighteen years. [Immoral Traffic (Prevention) Act, 1956, s. 2 (cb)]It means a person who has not attained the age of eighteen years. [Workmen's Compensation Act, 1923 (8 of 1923), s. 2 (1) (ff)]It means a person who has not attained the age of eighteen years. [Citizenship Act, 19...
Limitation of actions and prosecutions
Limitation of actions and prosecutions. By various statutes, of which the first was 21 Jac. 1, c. 16, the (English) Limitation Act, 1623, and the principal succeeding ones, the Real Property Limitation Act, 1833 (3 & 4 Will. 4, c. 42), the (English) Civil Procedure Act (3 & 4 Will. 4, c. 27) [see Read v. Price, (1909) 2 KB 724], and 37 & 38 Vict. c. 57, the (English) Real Property Limitation Act, 1874, certain periods are fixed within which, upon the principle Interest reipublic' ut sit finis litium, particular actions must be brought or proceedings taken.In the case of simple contract the remedy on the contract is barred, leaving the creditor free to enforce his claims by other means which may be still available, such as enforcing a lien, subsequent acknowledgment by the debtor or appropriation of payments, but not by way of set-off (9 Geo. 4, c. 14, s. 3). In regard to land, the right to it is destroyed after the statutory period and neither re-entry nor acknowledgment after the laps...
Blasphemy
Blasphemy [fr. bl'ptw, Gk., to hurt, and fhmh, reputation; blasfhmw', to speak impiously; blasphemo, Lat., to revile, Wedgw.], an offence against God and religion, by denying to the Almighty His Being and Providence, or by contumelious reproaches of our Saviour Christ. Also, all profane scoffing at the Holy Scripture, and exposing it to contempt and ridicule. It is an indictable misdemeanour at Common Law, see Reg. v. Ramsay & Foote, (1993) 15 Cox, CC 231.In case an offender has been educated in or at any time made profession of Christianity, the statute 9 & 10 Wm. 3, c. 32 (c. 35 in the Revised Statutes), Chitty's Statutes, tit. 'Criminal Law (Offences against Peace, etc.), commonly called 'The Blasphemy Act,' though it is only directed against apostasy, but is cumulative upon the common law, R. v. Carlile, (1819) 3 B. & Ald. 167, very severely punishes any person 'who shall by writing printing teaching or advised speaking, deny the Christian religion to be true, or the Holy Scripture...
National insurance
National insurance. The (English) National Insur-ance Act, 1911 (1 & 2 Geo. 5, c. 55), introduced by Mr. Lloyd George, established a wide system of compulsory state insurance covering both ill-health and unemployment, which is based upon premiums contributed in part by the employer, in part by the employee, and in part by the State. The Act consisted of three parts, the first dealing with National Health Insurance, the second with Unemployment Insurance, and the third contained miscellaneous provisions. This Act remained the basis of National Health Insurance, although the subject of very extensive amendment, until the National Health Insurance Act, 1924, consolidated the law. The law has been consolidated again by the (English) National Health Insurance Act, 1936 (26 Geo. 5, and 1 Edw. 8, c. 32), amends and repeals the whole of the Acts passed in 1920, 1922, 1924 and 1928. The arrangement is as follows:-Part I. Insured Persons and Contributions.Part II. Benefits.Part III. Approved Soc...
Trust
Trust, is a comprehensive expression, as covering not only the relationship of trustee and beneficiary but also that a bailor and bailee master and servant pledger and pledgee, guardian and ward and all other relations which postulate the existence of fiduciary relationship between the complainant and the accused, State v. K.P. Jain, (1983) 2 Crimes 947 (All).Trust, is a trust for public purposes, the substances and primary intention of the creator must be seen, Shabbir Husain v. Ashiq Husain, AIR 1929 Oudh 225.Trust, is an obligation annexed to ownership. A trustee holds property 'subject' to an obligation, which the testator has imposed upon him, Mahadeo Ramchandra v. Damodar Vishwanath, AIR 1957 Bom 218: (1957) 59 Bom LR 478.Means any arrangement whereby property is transferred with intention that it be administered for another's benefit is a trust. It casts an obligation on the trustee to use the property for achieving the purpose for which the trust is created, Baba Jamuna Das Mah...
Legal right
Legal right, 'legal right' is a difficult concept, legal right in its strict sense is one which is an assertable claim, enforceable before Courts and administrative agencies; in its wider sense, a legal right has to be understood as any advantage or benefit conferred upon a person by a rule of law; there are legal rights which are not enforceable, though recognized by the law; there are rights recognised by the International Court, granted by international law; but not enforceable; a legal right is a capacity of asserting a secured interest rather than a claim that could be asserted in the Courts, Daniel Hailey Walcott v. State, AIR 1968 Mad 349 (355). (Penal Code, 1860, s. 30)It includes not only rights conferred by statute but also those which may be claimed independently of any statute, Anandrao Laxmanrao Mandloi v. Board of Revenue, AIR 1965 MP 237 (247) (FB).A legal right may be defined as an advantage or benefit conferred upon a person by a rule of law. Immunity in short is no li...
Poor laws
Poor laws. By the (English) Poor Relief Act, 1601, (43 Eliz. c. 2), frequently called 'The Act of Elizabeth,' overseers of the poor were annually appointed in every parish; the churchwardens of every parish being also ex-officio overseers, except in rural parishes, in which the churchwardens ceased to be overseers by virtue of the Local Government Act, 1894.Overseers of the Poor and Boards of Guardians were abolished (overseers from 1st April, 1927, boards of guardians from 1st April, 1930, except in the Scilly Islands) by the Rating and Valuation Act, 1925, and their powers, duties and property were transferred to local authorities.By the Poor Law Amendment Act, 1834, the administration of the parochial funds and the management of the poor throughout the country were placed for five years under the control of a central board called 'The Poor Law Commissioners'; succeeded in 1847 by a temporary 'Poor Law Board' made perpetual, after many continuances, in 1867; and in 1871, by 'The (Eng...
University
University, an association of learners, and of teachers and examiners of the learners, upon whose report the association grants upon whose report the association grants titles called 'degrees' (such as 'Master of Arts,' 'Doctor of Divinity'), showing that the holders have attained some definite proficiency.The English Universities are those of Oxford, Cambridge (incorporated by 13 Eliz. c. 29, by the two names of the Chancellor, Masters and Scholars of the University of Oxford and Cambridge respectively, with the direction that they shall be called and named by none other name for evermore), Durham, London, Victoria of Manchester, Birmingham, Liverpool, Leeds, Sheffield, Bristol, and East Midland University Nottingham, the graduates of which (see University of Liverpool Act, 1904; (English) University of Leeds Act, 1904; and (English) Sheffield University Act, 1914) have equal statutory privileges and exemptions; and Reading University (see 18 & 19 Geo. 5, c. 25). There is also the Uni...
idiot
idiot : a person with esp. profound mental retardation NOTE: While the terms idiot imbecile, and moron survive in many state codes and statutes, they are generally no longer used in both medical and legal contexts. The modern terminology distinguishes between mild, moderate, severe, and profound levels of retardation. Historically persons with mental retardation have suffered legal disabilities (as in not being allowed to marry or vote). Generally today, an adult with mental retardation who is his or her own guardian does not suffer these disabilities. ...
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