Express Notice - Law Dictionary Search Results
Usage
Usage, denotes a habit or a mode of conduct or a course of action. Though such behaviour may generally be linked with human actions it is not the identify of the person vis-'-vis his caste which matters in discerning the contours of any 'usage'. 'Usage' is described as different from custom as there is no usage through inheritance though a right can be acquired by prescription. 'Usage in its most extensive meaning, includes both custom and prescription, but in its narrower significance, it refers to a general habit, mode or course of procedure. A usage differ from a custom, in that it does not require to be immemorial to establish the same, but the usage must be known, certain, uniform, reasonable and contrary to law'. Usage has been referred to a course of dealing; or a mode of conducting transactions of a particular kind. It cannot be understood as referring to any entitle-ment of a person to hold a particular office, N. Adithayan v. Travancore Devaswom Board (FB), AIR 1996 Ker 169; ...
Publish
Publish, means (1) To make known or announce publicly; promulgate; proclaim. (2) To print and issue to the public. (3) To communicate to a third person, Webster's Comprehensive Dictionary, International Edn.; C.C.E. v. New Tobacco Co., (1998) 8 SCC 250.Publish, means to make generally accessible or available; to place before or offer to public; to bring before the public for sale or distribution. Thus the word 'publish' connotes not only an act of printing but also further action of issuing or making it available to the public, Legal Glossary, Published by the Legislative Department, Ministry of Law, Justice and Company Affairs, Government of India in 1992; C.C.E. v. New Tobacco Co., (1998) 8 SCC 250.To publish a news item is to make it known to people in general; 'an advising of the public or making known of something to the public for a purpose 'The purpose of s. 3 animates the meaning of the expression 'publish'. 'Publication' is 'the act of publishing anything; offering it to publi...
Prime Minister
Prime Minister. The statesman who in response to a summons from the King accepts the commission to form a Ministry; the Premier. The expression is of comparatively recent origin, dating from about the end of the eighteenth century. By a Royal warrant of December, 1905, he takes precedence directly after the Archbishop of York See Lord Morley's Walpole, ch vii., for an account of the position of the Prime Minister, and Ministers of the Crown Act, 1937 (1 Edw. 8 & 1 Geo. 6, c. 38)....
Court of limited jurisdiction
Court of limited jurisdiction, ought not to be given a limited or restrictive interpretation and as noticed above but widest possible amplitude ought to be given onto the expression above, Rajendra Kumar v. Kalyan, (2000) 8 SCC 99...
Any party bound by the award
Any party bound by the award, the expression 'any party bound by the award' refers to all workmen bound by the award, notice to terminate the said award can be given not by a individual workman but by a group of workmen acting collectively either through their union or otherwise, and it is not necessary that such a group or the union through which it acts should represent the majority of workmen bound by the award, Associated Cement Companies v. Workmen, AIR 1960 SC 777 (781). [Industrial Disputes Act, 1947, s. 19(6)]...
Service
Service [fr. servitium, Lat.], that duty which a tenant, by reason of his estate, owes to his lord. There are many divisions of this duty in our ancient law books, as into personal and real, which is either urbane or rustic, free and base, continua land annual, casual and accidental, intrinsic and extrinsic, certain and uncertain, etc. see TENURE.The formal delivery of a writ, summons of other legal process 2. The formal delivery of some other legal notice such as pleading, Black's Law Dictionary, 7th Edn., p. 1372.The formal mode of bringing a writ or other process, or a notice in a suit, to the knowledge of the person affected by it.The service of writs of summons is regulated by (English) R.S.C. 1883, Ord. IX., which by r. 1 dispenses wit service, when (as is usual) the defendant, by his solicitor, agrees to accept service, and enters an appearance. By r. 2, service, when required, must be personal, unless an order for 'substituted service, or the substitution of notice for service,...
Marriage
Marriage. Marriage as understood in Christendom is the voluntary union for life of one man and one woman, to the exclusion of all others, Hyde v. Hyde, 1866 LR 1 P&D 130. Where a marriage in a foreign country complies with these requirements it is immaterial that under the local law dissolution can be obtained by mutual consent or at the will of either party with merely formal conditions of official registration, and it constitutes a valid marriage according to English law, Nachimson v. Nachimson, 1930, P. 217. Previous to 1753 the validity of marriage was regulated by ecclesiastical law, not touched by any statutory nullity but modified by the Common law Courts, which sometimes interfered with the Ecclesiastical Courts, by prohibition, sometimes themselves decide on the validity of a marriage, presuming a marriage in fact as opposed to lawful marriage. A religious ceremony by an ordained clergyman was essential to a lawful marriage, at all events for dower and heirship; but if in an i...
Mortgage
Mortgage [fr. mort, Fr., dead, and gage, pledge], a deed pledge; a thing put into the hands of a creditor.A mortgage is the creation of an interest in property, defeasible (i.e., annullable) upon performing the condition of paying a given sum of money, with interest thereon, at a certain time. This conditional assurance is resorted to when a debt has been incurred, or a loan of money or credit effected, in order to secure either the repayment of the one or the liquidation of the other. the debtor, or borrower, is then the mortgagor, who has charged or transferred his property in favour of or to the creditor or lender, who thus becomes the mortgagee. If the mortgagor pay the debtor loan and interest within the time mentioned in a clause technically called the proviso for redemption, he will be entitled to have his property again free from the mortgagee's claim; but should he not comply with such proviso, the legal estate becomes perfected in the mortgagee, i.e., indefeasible, and so los...
Judgment
Judgment [fr. judgment, Fr.], judicial determination; decision of a Court.Under the former practice of the superior Courts, this term was usually applied only to the Common Law Courts, the term 'decree' being in general use in the Court of Chancery. The expression 'Judg-ment,' however, is now used generally except in matrimonial causes, the term 'judgment' including 'decree' [(English) Jud. Act, 1925, s. 225, replacing Jud. Act,1873, s. 100].The several species of judgments are either:-(a) Interlocutory, given in the course of a cause, upon some plea, proceeding, or default, which is only intermediate, and does not finally determine or complete the action. See INQUIRY; SUMMONSES; and ORDERS; and the various titles of the subjects of such judgments as MANDAMUS; INJUNC-TION, etc.(b) Final, putting an end to the action by an award of redress to one party, or discharge of the other, as the case may be.By the (English) C.L.P. Act,1852, s. 120, a plaintiff or defendant having obtained a verd...
Copyhold
Copyhold. Tenure in copyhold has been abolished under the (English) L.P. Acts, 1922 and 1925, and the Amending Acts of 1924 and 1926, but the greater part of the former title on this subject has been retained verbatim in view of the importance of the subject in examining titles. In the previous edition of this work, copyhold was described as a base tenure founded upon immemorial custom and usage; its origin is undiscoverable, but it is said to be the ancient villeinage modified and changed by the commutation of base services into specified rents, either in money or money's worth.A copyhold estate is a parcel of the demesnes of a manor held at the lord's will, and according to the custom of such manor. The tenant may have the same quantities of interest in this tenure as he may enjoy in freeholds, as an estate in fee-simple or (by particular custom) fee-tail, or for life, and he may have only a chattel interest of an estate for years in it. By the custom of some manors, the estate devol...
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