Existing Officer - Law Dictionary Search Results
Home Dictionary Name: existing officer Page: 4Consideration
Consideration. Any act of the promisee (the person claiming the benefit of an obligation) from which the promisor (the person burdened with the obligation) or a stranger derives a benefit or advantage, or any labour detriment or inconvenience sustained or suffered by the promisee at the request, express or implied, of the promisor. See Laythoarp v. Bryant, 3 Scott 250; 2 Wms. Saund 137 h; Currie v. Misa, (1875) LR 10 Exch 153.Consideration is one of the facts which the courts require as evidence of intention, (a) that a person intends his promise to be binding on him, or (b) that he intends to divest himself of a beneficial interest in property. In its widest sense consideration is the price, motive or inducement for a promise or for a transfer of property from one person to another. The nature or quality of the consideration which will be sufficient for these purposes varies with the nature of the transaction and in the absence of consideration the Courts will, except in the case of s...
Corporation
Corporation, a co-operative society is a corporation, Daman Singh v. State of Punjab, AIR 1985 SC 973 (978): (1985) 2 SCC 670. [Punjab Co-operative Societies Act (25 of 1961) s. 30]'Corporation' is an artificial being created by law having a legal entity entirely separate and distinct from the individuals who compose it with the capacity of continuous existence and succession, notwithstanding changes in its membership. In addition, it possesses the capacity as such legal entity of taking, holding and conveying property, entering into contracts, suing and being sued, and exercising such other powers and privileges as may be conferred on it by the law of its creation just as natural person may, S.S. Dhanoa v. Municipal Corpn., (1981) 3 SCC 431: AIR 1981 SC 1395 (1398). [Penal Code (45 of 1860), s. 21, Cl. (12)]'Corporation' referred to under s. 20 Expln of CPC mean not only statutory corporation but also a company registered under the Indian Companies Act, Hakam Singh v. Gamnar (India) L...
Family
Family, in relation to a person, includes the ascend-ant and descendant of such person. [Bonded Labour System (Abolition) Act, 1976 (19 of 1976), s. 2(h)]. A group consisting of parents and their children; a group of person connected by blood by affinity, or by law, Black's Law Dictionary, 7th Edn., p. 620.In relation to an occupier, means the individual, the wife or husband, as the case may be, of such individual, and their children, brother or sister of such individual. [Child Labour (Prohibition and Regulation) Act, 1986 (61 of 1986), s. 2 (v)]In relation to an operator, means his wife and dependant children and includes his dependent parents. [Dangerous Machines (Regulation) Act, 1983 (35 of 1983), s. 3 (g)]Means:(i) In the case of a male-subscriber the wife or wives, parents, children, minor brothers, unmarried sisters, deceased son's widow and children and where no parent of the subscriber is alive, a paternal grandparent: Provided that if a subscriber proves that his wife has be...
Tail
Tail [fr. tailler, Fr., to prune]. An estate-tail was formerly a freehold of inheritance and is now an equitable interest which may be created after 1925 in respect of personalty as well as realty by way of trust and which (if not barred or disposed of by will after 1925) will devolve inequity on the person who would have taken realty as heir of the body or as tenant by the curtesy if the Law of Property Act, 1925, had not been passed [s. 130 (4) (ibid.)]The limitation of an estate so that it can be inherited only by the fee owner's issue or class of issue, Black's Law dictionary 7th Edn., p. 1466.An estate-tail in land now constitutes a settlement. [(English) Settled Land Act, 1925, s. 1]With this and other statutory modifications under the (English) Law of Property Act, 1925, the rules relating to this form of estate are still applicable (a) in the investigation of all titles to land in existence on the 31st December, 1925; (b) in the construction of equitable interests into which th...
Ballot
Ballot [fr. balla, Ital.; balle, Fr.], a little ball or ticket used in giving votes.Means a small ball or ticket used for indicating a vote; the system of choosing persons for office by marking a paper or by drawing papers with names on them from a receptacle; the formal record of a person's vote, Black Law Dictionary, 7th Edn., p. 138.Means a system of voting involving secret votes, Monsanto PLC v. TGWU, (1987) 1 All ER 358; Post Office v. UCW, (1990) 3 All ER 199.Means small ball, ticket or paper used in secret voting, Oxford Concise Dictionary, p. 89.Means a ticket, paper, etc., by which a vote is registered, Webster Dictionary of Law, p. 113.Means drawing of lots used in Parliament to determine the precedence among members desiring a share of Parliamentary time available for certain kinds of business, Parliamentary Dictionary, L.A. Abraham and S.C. Hawtrey, (1956), p. 21.Ballot, in House of Commons ballots are held to allot the limited available in Parliament to private members, Pa...
House of Commons
House of Commons, one of the constituent parts of Parliament, being the assembly of knights of shires, or the representatives of counties; citizens, or the representatives of cities; and burgesses, or the representatives of boroughs.The lowest chamber of British and Canadian Parlia-ment, Black's Law Dictionary, 7th Edn., p. 744.Property Qualification.--The property qualification of members, which was by 1 & 2 Vict. c. 48, amending 9 Anne, c. 5, by allowing personal property to count fixed at 600l. a year for a county, and 300l. a year for a borough member, was abolished in 1858 by 21 & 22 Vict. c. 26.Payment of Members.--Members were from very early times entitled to payment at the rate of 4s. a day for county, and 2s. a day for borough members, payable by their constituents. This has never been abolished, and is recognized by the unrepeated 6 Hen. 8, c. 16, by which members may not depart from Parliament without licence from the Speaker on pain of losing their 'wages,' though 35 Hen. ...
agency
agency pl: -cies 1 : the person or thing through which power is exerted or an end is achieved [death by criminal "W. R. LaFave and A. W. Scott, Jr."] 2 a : a consensual fiduciary relationship in which one party acts on behalf of and under the control of another in dealing with third parties ;also : the power of one in such a relationship to act on behalf of another NOTE: A principal is bound by and liable for acts of his or her agent that are within the scope of the agency. ac·tu·al agency : the agency that exists when an agent is in fact employed by a principal see also express agency and implied agency in this entry agency by estoppel : an agency that is not created as an actual agency by a principal and an agent but that is imposed by law when a principal acts in such a way as to lead a third party to reasonably believe that another is the principal's agent and the third party is injured by relying on and acting in accordance with that belief NOTE: A principal has...
remove
remove re·moved re·mov·ing vt : to change the location, position, station, status, or residence of: as a : to have (an action) transferred from one court to another and esp. from a state court to a federal court see also separable controversy NOTE: Section 1441 et seq. of title 28 of the U.S. Code allows a defendant who is brought into a state court to remove the action to federal district court when diversity of citizenship exists, when the action involves a claim or right arising under the U.S. Constitution or under laws or treaties of the U.S., or when the defendant is a foreign country or its agency or instrumentality. Civil actions and criminal prosecutions brought against an officer or agency of the U.S. for any act under color of office may also be removed. b : to dismiss from office [an independent counsel…may be removed from office…only by the personal action of the Attorney General "U.S. Code"] c : to take away [should his incapacity be remo...
writ
writ [Old English, something written] 1 : a letter that was issued in the name of the English monarch from Anglo-Saxon times to declare his grants, wishes, and commands 2 : an order or mandatory process in writing issued in the name of the sovereign or of a court or judicial officer commanding the person to whom it is directed to perform or refrain from performing a specified act NOTE: The writ was a vital official instrument in the old common law of England. A plaintiff commenced a suit at law by choosing the proper form of action and obtaining a writ appropriate to the remedy sought; its issuance forced the defendant to comply or to appear in court and defend. Writs were also in constant use for financial and political purposes of government. While the writ no longer governs civil pleading and has lost many of its applications, the extraordinary writs esp. of habeas corpus, mandamus, prohibition, and certiorari indicate its historical importance as an instrument of judicial auth...
Admiralty
Admiralty, the Executive Department of State which presides over the naval forces of the kingdom. The normal head is the 'Lord High Admiral,' but in practice the functions of the Office are discharged by several Commissioners, of whom one is the Chief, and is called the First Lord. He is a member of the Cabinet and is assisted by four Sea Lords, now always selected from Officers of the Service, two Civil Lords and a Secretary.Means a court that exercises jurisdiction over all maritime contracts, torts, injuries or offences. The federal courts are so-called when exercising their admiralty jurisdiction, which is conferred by U.S. Constitution (Article III 2, Cl. 1), Black Law Dictionary, 7th Edn., p. 47.The Probate, Divorce, and Admiralty Division of the High Court of Justice was, as far as relates to Admiralty, formerly called the High Court of Admiralty, and was held before the Judge of the Admiralty, who formerly sat as deputy of the Lord High Admiral of England until that office was ...
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