Ex Rel - Law Dictionary Search Results
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ex relatione
ex relatione [Medieval Latin] : by or on the relation or information of NOTE: The abbreviation for ex relatione ex rel., is used in the title of informations and special proceedings to designate the interested individual, called the relator, at whose instance the state or public officer is acting. ...
relator
relator : a party other than the plaintiff upon whose information, knowledge, or relation of facts an action is brought when the right to bring the action is vested in another: as a : the private person who brings a qui tam action b : a party who has standing and on whose behalf a writ (as of mandamus) is petitioned for by the state as plaintiff [ then filed…a petition in prohibition requesting this court to prohibit respondents from transferring the funds "State ex rel. Tate v. Turner, 789 S.W.2d 240 (1990)"] see also ex relatione ...
Relator
Relator, a rehearser, teller, or informer. It was the name given to a plaintiff in an information in Chancery, where the rights of the Crown were not immediately concerned, who was responsible for costs; he must have given the solicitor a written authority to file the information, 15 & 16 Vict. c. 86, s. 11. For the former information in Chancery an action is now substituted (see R.S.C. Ord. 1., r. 1), but the term 'relator' is still in use as meaning the person responsible for costs at whose suggestion an action is commenced by the Attorney-General.Also, a person who brings an information in the nature of a quo warranto, or a criminal information.Means a party who has standing and on whose behalf a writ is petitioned for by the state as plaintiff, State ex rel. Tate v. Turner, 789 SW 2d 240 (1990)....
Misconduct
Misconduct, is a relative term. It has to be considered with reference to the subject-matter and the context wherein such term occurs. It literally means wrong conduct or improper conduct, R.D. Saxena v. Balram Prasad Sharma, (2000) 7 SCC 264.Misconduct, means 'A transgression of some established and definite rule of action, a forbidden act, a dereliction from duty, unlawful behaviour, wilful in character, improper or wrong behaviour; its synonyms are misdemeanour, misdeed, misbehaviour, delinquency, impropriety, mismanagement, offence, but not negligence or carelessness, (Black's Law Dictionary), N.G. Dastane v. Shrikant S. Shivde, (2001) 6 SCC 135.The word 'misconduct' is not capable of precise definition, but at the same time though incapable of precise definition, the word 'misconduct' on reflection receives its connotation from the context, the delinquency in performance and its effect on the discipline and the nature of duty. The act complained of must bear a forbidden quality or...
Churchwardens
Churchwardens, anciently styled Church Reeves or Ecclesi' Guardiani, the guardians or keepers of the church, and representatives of the body of the parish; but though in some sort ecclesiastical officers, they are always lay persons. They are a quasi corporation for certain purpose, Withnell v. Gartham, (1795) 6 TR 388 (396), and in the City of London they are a corporation for the purpose of holding lands; but beyond that they are only annual officers, Fell v. Official Trustee of Charity Lands, 1898 (2) Ch 59. They are sometimes appointed by the minister, sometimes by the Vestry and Parochial Church Meeting sitting together (see 11 & 12 Geo. 5 No. 1, s. 13), sometimes by the minister and the meeting together, sometimes one by the minister and another by the meeting, as custom directs. Where there is no custom the election must be according to Canon 89 and s. 13 above, under which they must be chosen by the joint consent of the minister and the meeting, and if they cannot agree, then t...
Cousin
Cousin [fr. Cousin, Fr.; cugino, It.; consobrinus, Lat., whence cusdrin, susrin; sabrino, Sp.]. A cousin is any collateral relation except brothers and sistes, and their descendants, and the brothers and sisters of any ancestor. The child of A.'s uncle or aunt is called his cousin-german, or first cousin, and the child, grandchild, etc., of such cousin is called his first cousin once, twice, etc., removed. The grand child of A.'s great-uncle is his second cousin, and the chld, grandhchild, etc., of such cousin is his second cousin, once, twice, etc., removed, and so on. This distinction between first cousins once removed and second cousins is well recognized by the law [see Re Parker, (1881) 17 Ch D 262]. The word 'cousin' properly means the children of brothers and sisters and implies consanguinity, but it is sometimes used in a loose and vague sense without any such implication, as when the sovereign addresses a nobleman, or a member of the Privy Council, as a 'cousin,' and when we s...
Necessaries
Necessaries, a relative term, not strictly limited to such things as are absolutely requisite for support and subsistence, but to be construed liberally, and varying with the state and degree, the rank, fortune, and age of the person to whom they are supplied, Wharton v. Mackenzie, (1845) 5 QB 606. It has often been held that an infant is bound to pay a reasonable price for such necessary things as relate to his maintenance and education--as food, lodging, apparel, medical attendance, schooling and instruction--unless credit be given solely to the parent, which is presumed to be the fact it if appears that the infant was placed at school or is supported by him: see Co. Litt. 172 a; Ryder v. Wombwell, (1868) LR 4 Ex. 32; Barnes v. Toye, (1884) 13 QBD 410; Roberts v. Gray, (1913)1 KB 520; and INFANT.Where 'necessaries,' that is, goods suitable to the condition in life' of an infant, 'and to his actual requirements at the time of the sale and delivery,' 'are sold and delivered to an infan...
Tenant
Tenant, embraces in itself, the heirs of the deceased called 'statutory tenants' as even after the determination of the tenancy continued to have an estate on the tenanted premises, which are heritable, Kasturi Lal v. Brimlal, 1986 Sim LJ 86.Tenant, includes a sub-tenant and self-cultivating lessee, but shall not include a present holder, Punjab Tenancy Act, 1887, ss. 5, 6, 7, 8; Punjab Settlement Manual, 1899, pp. 142.Tenant, is a word which standing by itself denotes in law 'one who holds lands by any kind of title whether for years or for life or in fee' and does not necessarily mean a lessee unless it is used in opposition to landlord, Ekambara Ayyar v. Meenatchi Ammal, 1904 ILR 27 Mad 401.Means a agriculturist who cultivates personally the land he holds on lease from the landlord and includes a person who is deemed to be a tenant, Racha Naika v. State of Karnataka, 1992 (3) Kant LJ 616.Means a person by whom its rent is payable, and on the tenant's death--(1) in the case of a resi...
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