Exclusiveness - Law Dictionary Search Results
Home Dictionary Name: exclusiveness Page: 4Discovery
Discovery, revealing or disclosing matter. The Courts of Common Law were originally unable to compel a litigant to disclose any fact resting merely within his knowledge, or discover any document in his power, which would aid in the enforcement of a right, the repelling of an unjust demand, or the redress of a wrong; an infirmity which the equity judges cured by compelling such a party to disclose the fact, or discover the document, upon his oath, in his answer to a bill of complaint, filed by the opposite party, called a bill of discovery, which was an original bill.Sir James Wigram, V.C., in his work, entitled Points in the Law of Discovery, epitomized the two cardinal principles on this subject in the two following propositions:(1) It is the right, as a general rule, of a plaintiff in equity to exact from the defendant a discovery upon oath as to all matters of fact, which, being well pleaded in the bill, are material to the plaintiff's case about to come on for trial, and which the ...
East India Company
East India Company. The East India Company was originally established for prosecuting the trade between England and India, which they acquired as a right to carry on exclusively. By the middle of the eighteenth century, however, the company's political affairs had become of far more importance than their commerce. In 1858, by 21 & 22 Vict. c. 106, the government of the territories of the company was transferred to the Crown. Consult Mill's History of British India; Jac. Law Dict. See INDIA.The company that was originally established to pursue exclusive trade between England and India and that later become more active in political affairs than in commerce, Black's Law Dictionary, 7th Edn., p. 529....
Fishery
Fishery, the right to take fish. Fisheries are either free, common, or several. A free fishery is the exclusive right of fishing in a public river, and is a royal franchise, Common of fishery, or common of piscary, is the right of fishing in another man's water. A several fishery is the exclusive right of fishing in another man's water, and he that has it, according to Blackstone, 'must also be the owner of the soil' (2 Bl. Com. 40). This position of Blackstone, however, has been questioned, and the distinction between the various kinds of fishery is not clear; see Hrg. Co. Litt. 122 a, n. 7; Holford v. Bailey, (1846) 8 QB 1000; 13 ib. 426; Marshall v. Ulleswater Steam navigation Co., (1863) 3 B&S 732; Chesterfield (Earl) v. Harris, (1908) 2 Ch 397; 1911 AC 623; Coulson and Forbes on the Law of Waters; Leake on Uses and Profits of Land. No right can exist in the public to fish in an inland non-tidal lake, O'Neil v. Johnston, (1909) 1 Ir R 237.The fishing rights of the lord of the manor...
Fixed fee
Fixed fee, the term 'licence fee' or the term 'fixed fee' in the context of the Uttar Pradesh Excise Act, the Ordinance with its preamble and the Excise (Amendment) Rules, connotes the idea of payment of a sum by a person to the grantor of a licence as consideration for conferring upon such person by the grant of shop-licence, the exclusive privilege or right to carry on certain activities in respect of country liquor, or foreign liquor or intoxicating drug, within any local area of Uttar Pradesh State, the carrying of which activities would have been otherwise the exclusive privilege or right of the grantor (Government), State of Uttar Pradesh v. Sheopat Rai, 1994 Supp (1) SCC 8: AIR 1994 SC 813. [U.P. Excise Act (40 of 1910) s. 24A (as inserted by U.P. Excise (Amendment) Ordinance, 1972)]...
Private water
Private water, means water--(i) which is the exclusive property of any person, or(ii) in which any person has for the time being an exclusive right of fishing whether as owner, lessee or in any other capacity.Explanation.--Water shall not cease to be 'private water' within the meaning of this definition by reason only that other persons may have by custom a right of fishing therein. [The Gujarat Fisheries Act, 2003, s. 2(m)]...
Indian customs water
Indian customs water, means the waters extending into the sea upto the limit of contiguous zone of India under s. 5 of the Territorial Waters Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976 and includes any bay, gulf, harbour, creek or tidal river. [Customs Act, 1962 (52 of 1962), s. 2 (28)]Indian customs waters, Indian Customs waters' covers not only, Indian coastal waters but also much more because the customs waters extends 24 nautical miles from the coastal baseline which follows that Indian coastal waters are within the Indian Customs Waters, Hawabi Sayed Arif Sayed Hanif v. L. Hrringliana, (1993) 1 SCC 163: AIR 1993 SC 810 (816). [Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976, ss. 3(2) and 5]...
Judicial service
Judicial service, the expression 'judicial service' can be defined as inclusive of a wide variety of offices connected with the administration of justice in one way or the other, Syed T.A. Naoshbandi v. State of J&K, (2003) 9 SCC 592 (604).The expression 'Judicial service' is defined in Article 236 (b) and it means service consisting exclusively of persons intended to fill the post of district Judge and other civil judicial posts inferior to the post of district judge, State of West Bengal v. Nripendranath Bagchi, AIR 1966 SC 447 (450): (1966) 1 SCR 771.The expression 'Judicial Service' means a service consisting exclusively of persons intended to fill the post of District Judge and other Civil Judicial posts inferior to the District Judge and the ex-pression 'District Judge' includes among others an Additional District Judge and an Additional Sessions Judge, State of Assam v. Kuseswar Saikia, AIR 1970 SC 1616 (1618): (1969) 3 SCC 505, See also Chandra Mohan v. State of Uttar Pradesh, ...
Neutral Court
Neutral Court, the parties to a contract may agree to have their disputes resolved by a foreign Court termed as a 'neutral Court' or 'Court of choice' creating exclusive or non-exclusive jurisdiction in it, Modi Entertainment Network v. W.S.G. Cricket Pvt. Ltd., (2003) 4 SCC 341: AIR 2003 SC 1177....
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...
Conditional fee
Conditional fee. This species of formerly inheritable freehold (now, equitable interest, except under (English) Law of Property Act, 1925, s. 8) is marked, as to its duration or time of continuance, by an event beyond which it is not to endure. The event is the qualification which gives a name to this estate, and ascertains its determination. A fee qualified is frequently called a fee base, i.e., impure, defective, and circumscribed. There is hardly any event, provided it be lawful, and do not violate the rule against perpetuity, which may not be made the cause of the determination of this fee.The following events are specimens of qualifications, which may be expressly annexed to this estate.A limitation to A. and his heirs--(1) Peers of the realm;(2) Lords of the manor of Blackacre;(3) Tenants of the manor of Dale;(4) During the time whilst a particular tree shall stand;(5) Till the marriage of a certain person takes place;(6) Till certain debts be paid;(7) Till default be made in pay...
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