Encyclop Dia - Law Dictionary Search Results
Home Dictionary Name: encyclop diaEncyclop'dia
Encyclop'dia. A collective work containing a series of Articles by many contributors, either on all subjects, as the Encyclop'dia Britannica, Chambers's Encyclop'dia, or on all parts of a special subject, as the Encyclop'dia of the Laws of England or the Encyclop'dia of Sport. An encyclop'dia is a 'collective work' within the meaning of the Copyright Act, 1911; see s. 35 of the Act, and see also s. 5 (2)....
Commercial Court
Commercial Court, the name given to a court presided over by a single judge for the trial, as expeditiously as may be, of cases set down in a commercial list at the Royal Courts of Justice. The list was established in 1896 [not by any Rule of the Supreme Court, but by inherent power of the High Court or any Division of it to arrange its business-see Barry v. Peruvian Corporation, (1896) 1 QB 109]-and Mr. Justice Mathew was the first judge. The particular circumstances and the question in issue must be considered in order to decide whether a case should be made a commercial cause, see Insurance Co. v. Carr, 1901 (1) KB 7. See Annual Practice, part vi., 'Commercial Causes,' and Encyclop'dia of the Laws of England....
Goodwill
Goodwill, may be the whole advantage belonging to the firm, its reputation as also connection thereof. It, thus, means that every affirmative advantage as contrasted with negative advantage that has been acquired in carrying on the business whether connected with the premises of business or its name or style, everything connected with or carrying the benefit of the business, Ramnik Vallabhdas Madhwani v. Taraben Pravinlal Madhwani, (2004) 1 SCC 407: AIR 2004 SC 1084 (Partnership Act, 1932, s. 55).A business's reputation, patronage, and other intan-gible assets that are considered when apprising the business, esp. for purchase; The ability to earn income in excess of the an come that would be expected from the business veined as a mere collec-tion of assets, Black's Law Dictionary, 7th Edn., p. 703.The advantage or benefit which is acquired by a business, beyond the mere value of the capital, stock, funds, or property employed therein, incon-sequence of the general public patronage and ...
Incorporated Law Society
Incorporated Law Society, now termed the Law Society, was founded by Mr. Bryan Holme in 1825, and incorporated in 1831 by Royal Charter; this was surrendered for a new Charter in 1845, by which, as amended by Supplemental Charters in 1872, 1903, and 1909, the Society now remains constituted. The Society was incorporated 'to facilitate the acquisition of legal knowledge, and for better and more conveniently discharging the professional duties of the members of the Society,' under the full title of 'The Society of Attorneys, Solicitors, Proctors, and others not being Barristers practicing in the Courts of Law and Equity of the United Kingdom'; since the charter of 1903 it has been officially (as before them commonly) called 'The Law Society.'The Society first instituted lectures for students in 1833, and was made registrar of attorneys and solicitors in 1843 by the (English) Solicitors Act, 1843 (6 & 7 Vict. c. 73), s. 21.On the decay of the Inns of Chancery, which in their later aspect ...
Maxim
Maxim [fr. maximum Lat.], an axiom; a general principle; a leading truth so called, says Coke, quia maxima est ejus dignitas et certissima auctoritas, atque quod maxime omnibus probetur, 1 Inst. 11.Modern opinion, however, does not rate maxims so highly, and Lord Esher, M.R., in Yarmouth v. France, (1887) 19 QBD 653, in connection with Volenti non fit injuria, went so far as to say that they are almost in variably misleading, and for the most part so large and general in their language that they always include something which really is not intended to be included in them. Similarly, the late Mr. Justice Stephen (Hist. Crim. Law, 94) wrote:-'They are rather minims than maxims, for they give not a particularly great, but a particularly small, amount of information. As often as not the exceptions and qualifications are more important than the so-called rules'--which, while they mostly bad abstracts of it. A contrary view, however, is given in a lecture by Mr. H.F. Manistry, K.C., on 'The ...
Ornaments rubric
Ornaments rubric, that rubric of the Prayer Book which directs just before the Order for Morning Prayer that--Such Ornaments of the Church, and of the Ministers thereof, at all times of their Ministration shall be retained, and be in use, as were in this Church of England by the Authority of Parliament in the Second Year of the reign of King Edward the Sixth.The meaning of this rubric has been declared by the Judicial Committee of the Privy Council to be that 'vestments' of ministers as celebrates cannot be worn, though prescribed by the First Prayer Book of Edward the Sixth, which had the authority of the First Act of Uniformity (2 & 3 Edw. 6, c. 1; see Clifton v. Ridsdale, (1877) 2 PD 276; but that judgment has been the subject of much contro-versy. See Whitehead's Church Law, tit. 'Vestments'; Talbot on Ritual; Encyclop'dia of the Laws of England, tit. 'Vestments'; Lely on the Church of England Position, p. 148....
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...
Roman Catholics
Roman Catholics. Very severe laws, commonly called the penal laws, were passed against Roman Catholics, generally under the name of Papists (see that title), after the Reformation, an Act of Elizabeth, for instance, 13 Eliz. c. 2, punishing with the penalties of a pr'munire (see that title) any person bringing into this country any Agnus Dei, cross, picture, etc., from Rome; an Act of James, 3 Jac. 1, c. 5, penalizing the sale or purchase of Popish primers; and an Act of William and Mary (11 & 12 Wm. 3, c. 4), punishing any Papist assuming the education of youth with imprisonment for life. Exclusion from Parliament was effected by the requirement of the Declaration against Trans-ubstantiation (see TRANSUBSTANT- IATION) from members of either House by 30 Car. 2, s. 2, and disfranchisement by the requirements of the Oath of Supremacy by 7 & 8 Wm. 3, c. 27, s. 19; while 7 & 8 Wm. 3, c. 24, effected (until 1791) exclusion from the profession of barrister, attorney, or solicitor by requirin...
Torture
Torture, an account of this atrocious expedient may be found in the Encyclop'dia Britannica (tit. 'Torture'). Reference may also be made to Jardine's Reading on the Use of Torture in the Criminal Law of England previously to the Commonwealth (1837), and an article by Mr. Wyatt Paine in the Law Times of January 28th, 1905, at p. 294, where attention is directed to the preamble of the Act for Pirates, 27 Hen. 8, c. 4 (repealed by the (English) Statute Law Revision Act, 1863).The infliction of intense pain to body or mind to punish; to extract a confession or information, or to obtain sadistic pleasure, Black's Law Dictionary, 7th Edn., p. 1498.Torture is strictly the infliction of gradually increasing pain for the purpose of extracting confession, or accusation, but it is also used in the secondary sense of those 'cruel and unusual punishments' which, by the Bill of Rights of 1688, 'ought not to be inflicted.' The peine forte et dure (see that title) is also a kind of torture in the prim...
Pr'dia volantia
Pr'dia volantia. In the duchy of Brabant, certain things movable, such as beds, tables, and other heavy Articles of furniture, were ranked amongst immovables, and were called pr'dia volantia, or volatile estate, 2 Bl. Com. 428....
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