Distributive Justice - Law Dictionary Search Results
Home Dictionary Name: distributive justice Page: 3Portion
Portion, property settled or provided in favour of children or their issue. In settlements by deed or will of personal property, portions were and are usually effected by direct trusts in favour of the children or issue, either immediately or after the death of the parent or parents. In regard to realty the usual plan was to settle a long term of years from or out of the real estate upon trust to sell or mortgage the term in order to provide the portions when they became payable. See SATISFIED TERM; ATTENDANT TERM. This term preceded the settlement of the estate in fee or in tail according to the intention of the settlor. This method is still available although the term is not a legal estate and will not affect a purchaser even with notice who takes his title from estate owners who are entitled to sell the estate unaffected by the term, but the trustees entitled to the term may require to have the term secured by a legal mortgage. See Law of Property Act, s. 3 (1) and Settled Land Act,...
Publish
Publish, means (1) To make known or announce publicly; promulgate; proclaim. (2) To print and issue to the public. (3) To communicate to a third person, Webster's Comprehensive Dictionary, International Edn.; C.C.E. v. New Tobacco Co., (1998) 8 SCC 250.Publish, means to make generally accessible or available; to place before or offer to public; to bring before the public for sale or distribution. Thus the word 'publish' connotes not only an act of printing but also further action of issuing or making it available to the public, Legal Glossary, Published by the Legislative Department, Ministry of Law, Justice and Company Affairs, Government of India in 1992; C.C.E. v. New Tobacco Co., (1998) 8 SCC 250.To publish a news item is to make it known to people in general; 'an advising of the public or making known of something to the public for a purpose 'The purpose of s. 3 animates the meaning of the expression 'publish'. 'Publication' is 'the act of publishing anything; offering it to publi...
Separation of powers
Separation of powers, means the division of governmental authority into three branches of government viz., legislative, executive and judicial, each with specified duties on which neither of the other branches can encroach; the constitutional doctrine of checks and balances by which the people are protected against tyranny, Black's Law Dictionary, 7th Edn., p. 1370.The doctrine of separation of powers was adopted by the convention of 1787 not to promote efficiency but to preclude to exercise of arbitrary power. The purpose was not to avoid friction, but by means of the inevitable friction incident to the distribution of the governmental powers among three depart-ments, to save the people from autocracy. The Development of Constitutional Guarantees of Liberty, Justice Louis Brendeis, 1957, p. 94....
Sewer
Sewer, a trench or channel through which water or sewage flows.The Court of Commissioners of Sewers is a temporary tribunal, erected by commission under the Great Seal, which used to be granted pro re nata at the pleasure of the Crown, and later at the discretion of the Lord Chancellor, Lord Treasurer, and Chief Justices, pursuant to the Statute of Sewers (23 Hen. 8, c. 5). Their jurisdiction is to overlook the repairs of the banks and walls of the sea-coast and navigable rivers; or, with consent of a certain proportion of the owners and occupiers, to make new ones, and to cleanse such rivers, and the streams communicating therewith, and is confined to such county or particular district as the commission shall name. They are a Court of record, and may proceed b jury, or upon their own view, and may make orders for the removal of annoyances, or the conservation of the sewers within their commission according to the customs of Romney Marsh, or otherwise. They may also assess necessary ra...
Wills
Wills. A will is the valid disposition by a living person, to take effect after his death, of his disposable property. ''But in law ultima voluntas in scriptis is used, where lands or tenements are devised, and testamentum, when it concerneth chattels': Co. Litt. 111 a.Depository of Will of Living Person.-By the (English) Jud. Act, 1925, s. 172, replacing s. 91 of the Court of Probate Act, 1857:-There shall, under the control and direction of the High Court, be provided safe and convenient depositories for the custody of the wills of living persons, and any person may deposit his will therein.And see (English) Administration of Justice Act, 1928 (18 & 19 Geo. 5, c. 26), s. 11, as to deposit of wills under control of the High Court.Law before 1838.-The right of testamentary aliena-tion of lands is a matter depending on Act of Parliament. Before 32 Hen. 8, c. 1, a will could not be made of land, and before the Statute of Frauds a will (see NUNCUPATIVE WILL) could be made by word of mouth...
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