Divisional - Law Dictionary Search Results
Home Dictionary Name: divisionalDivisional Court
Divisional Court. A Court (which takes under the Jud. Act the place of the Court 'in banc': see BANC) constituted of two judges of the High Court, or as many more judges as the President of a Division, with the concurrence of the judges of the Division, may think expedient, for the transaction of such business as may be ordered by Rules of Court to be heard by a Divisional Court (Judicature Act, 1925, s. 63, replacing App. Jur. Act, 1876, s. 17). Much of the business of the King's Bench Division, but none of that of the other Divisions, is transacted by Divisional Courts, consisting usually of two judges. Five judges have thrice sat, but in order for more than two to sit, the President of the Division, with the concurrence of not less than two judges thereof, must be of opinion that it is expedient so to constitute the Court (Judicature Act, 1925, s. 63(6), replacing Jud. Act, 1884, s. 4). See PRECEDENTS and R.S.C. Ord. LIX.Appeals from County Courts no longer lie to the Divisional Cou...
Divisional
That divides pertaining to making or noting a division as a divisional line a divisional general a divisional surgeon of police...
Divisionally
So as to be divisional...
Argumentum a divisione est fortissimum in jure
Argumentum a divisione est fortissimum in jure [Lat.], An argument from division is most powerful in law....
Lex non patitur fractiones et divisiones statutorum
Lex non patitur fractiones et divisiones statutorum [Lat.], the law suffers no fractions and divisions of statutes....
Precedent
Precedent, a decision is a precedent of its own features. Further, the enunciation of the reason or principle on which a question before a court has been decided is alone binding as a precedent, Uttaranchal Road Transport Corporation v. Mansaram Nainwal, (2000) 6 SCC 366.A precedent acquirers added authority from lapse of time, the longer a precedent has remained unquestioned, the more hard it becomes to reverse it. The courts has to adopt a construction of law, which would inevitably result in upsetting titles long founded on the contrary view, Pratap Bahadur Sahi v. Lakshmidhar Singh, AIR 1946 PC 189: 73 IA 231; Vijaya Charari v. Khubchand, AIR 1964 SC 1099.Precedent, are not an immutable dogma. Courts may evolve principles which are applicable to the facts involved in each case, Rumana Begum v. Government of Andhra Pradesh, 1992 Cr LJ 3512.Means every judgment must be based upon facts, declared by the Indian Evidence Act, 1872 to be relevant and duly proved. But when a Judge, in dec...
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...
Act of God
Act of God, a direct, violent, sudden, and irresistible act of nature, which could not, by any reasonable care, have been foreseen or resisted, see Nugent v. Smith, (1876) 1 CPD 423. The general rule is that where the law creates a duty and the party is disabled from performing it, without any default of his own, by the act of God or the King's enemies, the law will excuse him; but when a party by his own contract creates a duty he is bound to make it good, notwithstanding any accident by inevitable necessity, Nichols v. Marsland, (1876) 2 Ex D 4. See also Common Carrier, tit. CARRIER.Accidental fire is not an act of God which can be traced to natural causes, Patel Roadways Ltd. v. Birla Yamaha Ltd., (2000) 4 SCC 91.Means an overwhelming, unpreventable event caused exclusively by forces of nature, such as an earthquake, flood, or tornado. The definition has been statutorily broadened to include all natural phenomena that are exceptional, inevitable, and irresistible, the effects of whi...
Banc (or Banco), sittings in
Banc (or Banco), sittings in [fr. bancus, Lat., a seat or bench of justice. Thus Bancus Regin' or Bank la Reine is the Queen's Bench; Bancus communium Placitorum, or Bench le Common Pleas, is the Court of Common Pleas, or the Common Bench], the sittings of a Superior Court of Common Law as a full court as distinguished from the sittings of the judges at Nisi Prius or on circuit. Such sittings might be held out of term as well as in term (1 & 2 Vict. c.32, s. 2, and (English) C.L.P. Act, 1854, s. 95). The business of the courts in banc was transferred to Divisional Courts of the High Court of Justice [(English) Jud. Act, 1873, ss. 40, 41]. See now (English) Judicature Act, 1925, s. 63. See DIVISIONAL COURT....
Cut and removed from any land
Cut and removed from any land, words 'cut and removed from any land' used in s. 4 to not suggest felling of the trees and removing the wood from one part to another on the land. They would indicate cutting the trees and removing them out of the limits of the land held by the grantee or the lessee under the grant or lease, Divisional Forest Officer v. Tata Finlay, (2001) 5 SCC 684: AIR 2001 SC 2672 (2676). [Kerala Grants and Leases (Modification of Rights) Act, 1980, s. 4]Cut and removed from any land, the words 'cut and removed from any land, used in s. 4 of the Kerala Grants and Leases (Modification of Rights) Act, 1980 do not suggest falling of trees and removing the wood from one part to another on the land, Divisional Forest Officer v. Tata Finlay Ltd., (2001) 5 SCC 684 [Kerala Grants and Leases (Modification of Rights) Act, 1980 (16 of 1980)]...
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