Follow - Law Dictionary Search Results
Home Dictionary Name: follow Page: 4Oath
Oath [fr. ath, Sax.], an appeal to God to witness the truth of a statement. It is called a corporal oath, where a witness, when he swears, places his right hand on the Holy Evangelists.The Christian religion, though it prohibits swearing, excepts oaths required by legal authority (Art. Ch. of Engl. xxxix.). All who believe in a God, the avenger of falsehood, have always been admitted to give evidence, but the old rule was, that all witnesses must take an oath of some kind. Very gradually, however, the legislature has relaxed this rule, and the privilege of affirming (see AFFIRMATION) instead of taking an oath has now been universally granted by the (English) Oaths Act, 1888, by which--Every person upon objection to being sworn, and stating, as the ground of such objection, either that he has no religious belief, or that the taking of an oath is contrary to his religious belief, shall be permitted to make his solemn affirmation instead of taking an oath in all places and for all purpose...
Royal Assent
Royal Assent. The act by which the Crown agrees to a bill which has already passed both Houses is called 'The Royal Assent,' which may be given by the sovereign in person in the House of Lords, the Commons standing at the bar; or by the Commissioners appointed by the Crown, under the Declaratory Act (33 Hen. 8, c. 21), for that special purpose and for the single occasion. The forms observed in both cases do not vary, and are as follows: The Lords being assembled in their own House, the Sovereign or the Commissioners seated, and the Commons at the bar, the titles of the several bills which have passed both Houses are read, and the king's or queen's answer is declared by the Clerk of the Parliaments in Norman-French. To a bill of supply, the assent is given in the following words: 'Le roy (or, la reyne) remercie ses loyaux sujets, accepte leur benevolence et ainsi le veult.' To a privte bill it is thus declared: 'Soit fait comme il est desire.' And to public general bills it is given in ...
Trout
Trout. The (English) Salmon and Freshwater Fisheries Act, 1923, consolidates and amends the enactments relating to salmon and trout and freshwater fisheries in England and Wales. Sects. 1 and 2 prohibit the use of a light, otter lath, or jack, wire or snare, spear, gaff, strokehaul, snatch or the like, or stone or other missile, or roe for catching or killing salmon, trout, or freshwater fish. A gaff or tailer may, however, be used as an auxiliary to angling with a rod and line. No explosive or noxious material must be used with intent to take or destroy fish in any waters (s. 9). Sect. 31 provides that -31.-(1) No person shall fish for, take, kill or attempt to take or kill trout-(a) Except with a rod and line, during the annual close season for trout; or(b) with a rod and line during the annual trout close season for rod and line; or(c) except with a rod and line, during the weekly close time for trout. (3) The annual close season for trout shall in any place in which a period has be...
Gift
Gift. The old text-writers made a gift (donatio) a distinct species of deed, and describe it as a conveyance applicable to the creation of an estate-tail; while a feoffment they strictly confine to the creation of a fee simple estate. The operative verb was 'give,' which no longer implies any covenant in law (Real Property Act, 1845 (8 & 9 Vict. c. 106), s. 4), replaced by the Law of Property Act, 1925, s. 59(2), and the deed required livery of seisin. It is obsolete. See Jac. Law Dict.A gift is now understood to mean a mere voluntary assurance or transfer of property without any consideration being given for it. Such a transaction is apt to be very jealously scrutinized in a Court of Equity, and will be set aside on proof of undue influence (see that title), or of a fiduciary relationship of the donee to the donor, see Huguenin v. Baseley, (1806-8) 14 Ves 273; W. & T. L.C.; Morley v. Loughman, (1893) 1 Ch 736 (757); Lyon v. Home, (1868) LR 6 Eq 655. In the absence of any such objectio...
Vagrants
Vagrants, sturdy beggars; vagabonds.The Act which is now in force, embodying, mitigating, and extending numerous former provisions, is the (English) Vagrancy Act, 1824 (5 Geo. 4, c. 83). It has been extended by the Vagrancy Act, 1838, as to re-commitment on failure to prosecute, appeal, and exhibition of obscene prints; by the (English) Vagrant Act Amendment Act, 1873, as to gambling and betting in streets; by the Vagrancy Act, 1898, amended by the Criminal Law Amendment Act, 1912, s. 7, as to men living on earnings of prostitution; and by (English) Poor Law Act, 1930, s. 150, as to obtaining relief by falsehood. It points out three classes of persons:-1st, idle and disorderly persons; 2nd, rogues and vagabonds; 3rd, incorrigible rogues.First. Idle and Disorderly Persons.-The following are, under the Vagrancy Act, 1824, s. 3, to be deemed 'idle and disorderly persons,' so that any justice of the peace may commit them (being convicted before him) to the house of correction to hard labou...
Intention and knowledge
Intention and knowledge, 'intention' is different from 'motive' or 'ignorance' or 'negligence'. It is the 'knowledge' or 'intention' with which the act is done that makes difference. The knowledge of the consequences which may result in doing an act is not the same thing as the intention that such con-sequences should ensue. Firstly, when an act is done by a person, it is presumed that he must have been aware that certain specified harmful con-sequences would or could follow. But that know-ledge is bare awareness and not the same thing as intention that such consequences should ensue. As compared to 'knowledge', 'intention' requires something more than the mere foresight of the con-sequences, namely the purposeful doing of a thing to achieve a particular end. The 'knowledge' as contrasted with 'intention' signify a state of mental realisation with the bare state of conscious awareness of certain facts in which human mind remains supine or inactive. On the other hand, 'intention' is a c...
In the son or daughter of such a female
In the son or daughter of such a female, even in the absence of the words which were inserted by the Amendment Act of 1964 in s. 15(2)(b) the only possible interpretation and meaning of the words 'in the son or daughter of such female' could have reference to and cover the son or daughter of the husband of the female. The entire scheme of sub-s. (2) of s. 15 is that the right of pre-emption has been confined to the issues of the last male holder from whom the property which has been sold came by inheritance. Looking at clause (a) of sub-s. (2) where the property which has been sold has come to the female from her father or brother by succession the right of pre-emption has been given to her brother or brother's son. If the son or daughter of the female who has sold the property could refer to her son or daughter from a husband other than the one from whom the property devolved on her, it would be contrary to the scheme and purpose of sub-s. (2) which essentially is to vest the right of...
Instigate
Instigate, referred. (Penal Code, 1860, s. 107, Expl. I)Instigation is to good, urge forward, provoke, incite or encourage to do 'an act'. To satisfy the requirement of instigation though it is not necessary that actual words must be used to that effect or what constitutes instigation must necessarily and specifically be suggestive of the consequence. A word uttered in the fit of anger or emotion without intending the consequences to actually follow cannot be said to be instigation, Ramesh Kumar v. State of Chattisgarh, AIR 2001 SC 3837 (3844). (Penal Code, 1860, ss. 306 & 107); see also (2003) 12 SCC 469The word 'instigate' denotes incitement or urging to do some drastic or unadvisable action or to stimulate or incite. Presence of mens rea, therefore, is the necessary concomitant of instigation. It is common knowledge that the words uttered in a quarrel or in a spur of the moment cannot be taken to be uttered with mens rea. It is a fit of anger and emotional, Sanju v. State of Madhya ...
Lighting arrestor
Lighting arrestor, means a device which has the property of diverting to earth any electrical surge of excessively high amplitude applied to its terminals and is capable of interrupting follow current if present and restoring itself thereafter to its original operating conditions. [Indian Electricity Rules, 1956, R. 2 (1) (aa)]...
Judicial decision
Judicial decision, a judicial decision is merely a decision which is in fact exercised by the courts in accordance with strict legal procedure, whereas a quasi-judicial decision is given by an administrator or an administrative court entitled to follow its own procedure provided only that the rules of natural justice are observed, Firm of S. Mohd. Ali and Sons v. V. Madhavarao, AIR 1964 AP 132.The requisites of a judicial decision or act thus: If, (a) a competent authority, not being a court in the ordinary sense, (b) has power to give a binding and authoritative decision, (c) after hearing evidence and opposition and upon consideration of facts and circumstances, and (d) imposing liability or affecting the rights of the parties, there is a duty to act judicially, Parduman Singh v. State of Punjab, AIR 1958 Punj 63.A true judicial decision presupposes an existing dispute between two or more parties and then involves four requisites:-(1) The Presentation (not necessarily orally) of thei...
- << Prev.
- Next >>