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Guardianship

8, the father, and by s. 5 of the Act of 1925, both father and mother have an equal right to appoint a guardian by deed or will to act after death respectively either jointly with the … infants and the care of infants' estates is continued to the Chancery Division of the High Court of Justice by the (English) Judicature Act, 1925, ss. 44 and 56. (6) Guardian in Tort, or by Intrusion (Tutor

Trial

5 SCC 69. Trial, may mean the trial of a controversy that arises from an issue. It may equally mean the trial of an election petition or a complaint or an action from beginning to end, H.V. … or any scientific or local investigation which cannot conveniently be made with a jury.' Under the Administration of Justice (Miscellaneous Provisions) Act, 1933 (23 & 24 Geo. 5, 36), s. 6, trial by jury is entirely at

Loan, gratuitous

loans. 'It has, however,' says he, 'furnished very little occasion for the interposition of judicial tribunals, for reasons equally honourable to the parties and to the liberal spirit of polished society. The generous confidence thus bestowed is … the thing; for, by such payment of the loss, the property is effectively transferred to the borrower. Mr. Justice Story thus concludes his observations on gratuitous loans. 'It has, however,' says he, 'furnished very little occasion for

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Action

prevention of a wrong, or the punishment of a public offence. But in some sense this definition is equally applicable to special proceeding. More accurately, it is defined to be any judicial proceeding, which, if conducted to … in judicio quod alicui debetur.-(An action is nothing else than the right of suing in a court of justice for that which is due to some one.) Actions are divided into criminal and civil: criminal actions are

Competent authority

and the Chairman in case of the council of Staff or legislative Council of a State (ii) Chief Justice of India in case of Supreme Court, (iii) Chief Justice of the High Court in the case of

Equity

by two well-known maxims of the Court of Chancery, viz., 'quitas sequitur legem, and Where the Equities are equal, the Common Law must prevail. The grand characteristic of Municipal Equity is displayed in the nature and extent … (3) But it is in neither of these senses that Equity is to be understood as the substantial justice which has been expounded by the Court of Chancery. It is here accepted in a more limited and

Abatement

specially given to any particular legacy. A testator is always presumed to intend that the legacies shall be equally paid, unless he expresses in his will a contrary intention. When there are specific and pecuniary legacies, and … this kind require an immediate remedy, and cannot wait for the slow progress of the ordinary forms of justice. (3) Plea in Abatement.-A defence by which a defendant showed cause to the Court why he should not

Hire

the accident had not happened (as if it were defectively or improperly done), the same defence will be equally available to him after the loss. The obligations or duties on the part of the workman or undertaker … any direct recognition of them. But it may be safely affirmed that they are so consonant with general justice, and with the nature of the contract, that, in the absence of any controlling authority, they may be

Public Order Act, 1936

to which members or the public have a legal right of access, on the other hand, it is equally plausible to say that a place where the public are permitted to go and habitually go, is also … (xxxi)] Public place shall have the meaning assigned to it in the Immoral Traffic (Prevention) Act, 1956. [Juvenile Justice (Care and Protection of Children) Act, 2000 (56 of 2000), s. 2 (t)] Means any place intended for

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