Exception - Law Dictionary Search Results
Home Dictionary Name: exceptionException
Exception, exclusion of anything or person; a stop or stay to an action; also the particular point of law stated in the margin of a demurrer. In Chancery, exceptions might be taken to pleadings if scandalous, and if a defendant's answer were insufficient, the plaintiff might file exceptions to it, Sm. Ch. Pr. 344, 786.An exception, in a conveyance, must be of part of the thing granted and of a thing in esse at the time of the grant; whereas a reservation must be of some new thing issuing out of the thing granted; see Co. Litt. 47 a; Shep. Touch. 80; Savill Bros., Ltd. v. Bethell, (1902) 2 Ch 523, and see RESERVATION.Under s. 162(1)(d) of the (English) Law of Properties Act, 1925, the rule of law relating to perpetuities does not apply to any exception of any right of entry or user of the surface of land, or to easements, rights and privileges in relation to mines and minerals as set out in the section.In summary proceedings upon an Act of Parliament, an exception in the Act 'may by pro...
Bill of exceptions
Bill of exceptions. Prior to the Judicature Acts, if a judge, at the trial of a cause at Nisi Prius, mistook the law, either in directing a judgment of nonsuit or in refusing or admitting evidence or challenges, and other matters, the counsel for the party dissatisfied with the ruling of the judge might tender a bill of exceptions at any time before verdict, and require the judge to seal it.By the Judicature Act, 1875, Ord. LVIII., r. 1, bills of exception are abolished. But it is provided by s. 22, 'that nothing in the said Act, nor in any rule, etc., shall prejudice the right of any party to any action to have the issues for trial by jury submitted and left by the judge to the jury, etc.: Provided also, that the said right may be enforced either by motion in the High Court of Justice or by motion in the Court of Appeal, founded upon an exception entered upon or annexed to the record.' It is believed that this section has never been acted upon. The present mode of proceeding is by mot...
Exceptional grant
Exceptional grant, the exceptional grants are to be regulated by the same procedure as is applicable in the case of demands for grants subject to such adaptations as the speaker, Lok Sabha, may deem to be necessary or expedient, Rules of Procedure and Conduct of Business in Lok Sabha, 10th Edn., 2002, r. 215.In India, the Lok Sabha has the power to make an exceptional grant which does not form part the current service of any financial year, Constitution of India, Art. 166.In U.K. such grants are presented either as estimates or dealt with on a financial resolution. A grant to provide for rewards to individuals for distingui-shed public service, a special grant for presentation of a mail to a new commonwealth legislature etc. are examples of exceptional grant, the Office of the Speaker in the Parliaments of Commonwealth, Wilding and Philip Laundary, p. 255.Is the type of sanction of money by Parliament of cover expenses of an unusual character, Dictionary of Constitutional and Parliamen...
Save with the authority of law and except by authority law
Save with the authority of law and except by authority law, there is no distinction between the expression, 'save with the authority of law' in art. 31(1) and the expression 'except by authority of law' in art. 265. Laws under art. 31(1) must lay down a procedure containing reasonable restric-tions. Law under art. 265 also lays down a pro-cedure. Therefore, there is no difference between the expression 'except according to procedure established by law' in art. 21 and the expression save with the authority of law' in art. 31(1) or the expression 'except by authority of law' in art. 265, Additional District Magistrate v. Shivakant Shukla, AIR 1976 SC 1207: (1976) 2 SCC 521: (1976) Supp SCR 172. (Constitution of India, Art. 21)...
except
except : to take or leave out (as from insurance coverage or a deed) : exclude [specifically ed the air carriers and unions from the provisions "M. A. Kelly"] vi : object ;esp : to file a bill of exceptions or make a formal exception [ed to the judge's order] ...
exception
exception 1 : something that is excepted or excluded ;esp : a situation to which a rule does not apply [the supreme Court shall have appellate jurisdiction, both as to law and fact, with such s, and under such regulations as the Congress shall make "U.S. Constitution art. III"] 2 : an act of excepting ;esp : exclusion of a section of real property from a conveyance compare reservation 3 : a usually written objection esp. to a judge's ruling [demurrers, pleas, and s for insufficiency of a pleading shall not be used "Federal Rules of Civil Procedure Rule 7(c)"] used esp. in equity proceedings ...
Exceptive
That excepts including an exception as an exceptive proposition...
automobile exception
automobile exception : an exception to the prohibition on warrantless searches that allows a police officer to search an automobile without a search warrant in cases where the officer has probable cause to believe that the automobile contains evidence of a crime and that the evidence would be disposed of if the officer were to leave to obtain a warrant ...
business records exception
business records exception : an exception to the hearsay rule that allows admission into evidence of records, reports, compilations of data, or memoranda of an event, act, condition, opinion, or diagnosis that are made at or near the time of the event by a person with knowledge or from information transmitted by a person with knowledge and that are made as a regular practice of the business ...
emergency exception
emergency exception : an exception to the requirement for a search warrant in a situation in which a police officer has reason to believe that immediate action including a search is necessary to protect life or prevent serious injury ...
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