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Costs, expenses incurred in litigation or professional transactions, consisting of money paid for stamps, etc., to the officers of the Court, or to the counsel and solicitors, for their fees, etc.Costs in actions are either between solicitor and client, being what are payable in every case to the solicitor by his client, whether he ultimately succeed or not; or between party and party, being those only which are allowed in some particular cases to the party succeeding against his adversary, and these are either interlocutory, given on various motions and proceedings in the course of the suit or action, or final, allowed when the matter is determined.Neither party was entitled to costs at Common Law, but the Statute of Gloucester (6 Edw. 1, c. 4), gave cots to a successful plaintiff, and 2 & 3 Hen. 8, c. 6, and 4 Jac. 1, c. 3, to a victorious defendant; see Garnett v. Bradley, (1878) 3 App Cas 944.In proceedings between the Crown and a subject the general rule is that the Crown neither ...
Cephalosporin
any of a class of chemical substances some of which have therapeutically useful antibacterial activity whose structure contains a beta lactam ring fused to a six membered ring containing a sulfur and a nitrogen atom The first of the series cephalosporin C was discovered by G Brotzu in 1955 in the culture broth of a Cephalosporium species found off the coast of Sardinia Other cephalosporins have been found to be produced by species of soil bacteria actinomycetes Many semisynthetic analogs have been tested for antibacterial effect and several of them have found use as important clinically useful antibacterial agents some of which may be taken orally for treatment of bacterial infections The cephalosporins are the second class of beta lactam antibiotic to be discovered the first being the penicillins and more recent classes being the thienamycins and sulfazecins The cephamycins are a variant of cephalosporins with a methoxyl group on the beta lactam ring rendering them more resistant to p...
Person of unsound mind
Person of unsound mind, a term by which in a more enlightened age persons afflicted with a mental illness affecting their reason are to be known, as distinguished from Idiots, Imbeciles, Feeble-minded Persons and Moral Defectives under the Mental Deficiency Act, 1927 (17 & 18Geo. 5, c. 33) (see those titles, and LUNATICS).The statute law affecting persons of unsound mind in contained in the (English) Lunacy and Mental Treatment Acts, 1890 to 1930, of which the principal are the (English) Lunacy Acts, 1890 (53 & 54 Vict. c. 5), 1891 (54 & 55 Vict., c. 56), and as regards Boards of Control, the Mental Deficiency Acts, 1913 to 1927 and the Mental Treatment Rules, 1930 (S.R. & O., 1930 No. 1083). A classification of patients has been made as follows: (a) Voluntary (see the (English) Act of 1930, s. 1; (b) Temporary (ibid., s. 5 (1); (c) Certified [(English) Lunacy Act, 1890, s. 4]; (d) Found to be of unsound mind upon inquisition (see that title), and a further classification is into a pri...
Advow, or Avow, or Avouch
Advow, or Avow, or Avouch [under the feudal system, when the right of a tenant was impugned, he had to call upon his lord to come forward and defend his right. This, in the Latin of the time, was called advocare, Fr. voucher a garantie, to vouch or call to warrant. As the calling the lord of the fee to defend the right of the tenant involved the admission of all the duties implied in feudal tenancy, it was an act jealously looked after by the lords, and advocare, or the equivalent, Fr. avouer, to avow, came to signify the admission by a tenant of a certain person as feudal superior. Finally, with some grammatical confusion, the words advocare, and avow or avouch, came to be used in the sense of performing the part of the vouchee, or person called on to defend the right impugned. Wedgw.], to justify or maintain an act, e.g., one distrains for rent, and he that is distrained brings an action of replevin; if the distrainer in his defence justify or maintain his act, he is said to advow or...
Child in need of care and protection
Child in need of care and protection, s. 2(d) 'child in need of care and protection' means a child-(i) who is found without any home or settled place or abode and without any ostensible means of subsistence, (ii) who resides with a person (whether a guardian of the child or not) and such person-(a) has threatened to kill or injure the child and there is a reasonable likelihood of the threat being carried out, or (b) has killed, abused or neglected some other child or children and there is a reasonable likelihood of the child in question being killed, abused or neglected by that person, (iii) who is mentally or physically challenged orill children or children suffering from terminal diseases or incurable diseases having no one to support or look after, (iv) who has a parent or guardian and such parent or guardian is unfit or incapacitated to exercise control over the child, (v) who does not have parent and no one is willing to take care of or whose parents have abandoned him or who is m...
Declared
Declared, the expression 'declared' is wider than the words 'found or made'. To declare is to announce opinion. Indeed, the latter involves the process, while the former expresses result. Inter-pretation, ascertainment and evolution are parts of the process, while that interpreted, ascertained or evolved is declared as law, Golak Nath v. State of Punjab, AIR 1967 SC 1643 (1669): (1967) 2 SCR 762. (Constitution of India, Art. 141)is wider than the words 'found or made'. Declared defaulter should be an actual defaulter and not an alleged defaulter, B.S.N. Joshi and Sons Ltd. v. Nair Coal Services Ltd., AIR 2007 SC 437.the expression 'declared' is wider than the words 'found' or 'made', B.S.N. Joshi and Sons Ltd. v. Nair Coal Services Ltd., AIR 2007 SC 437....
Establish
Establish, The meaning of the word 'establish' as given in the New Collins Concise Dictionary, 1983 edn., is: 'I. to make secure or permanent in a certain place, condition, job etc. 2. to create or set up (an organisation etc.) as on a permanent basis.' According to Webster's Comprehensive Dictionary (International edn.), the word 'establish' means: '1. to settle or fix firmly; make stable or permanent. 2. to set up; found, as an institution or business. 3. to set up, install (oneself or someone else) in business, a position, etc.', Shiromani Gurdwara Prabhandhak Committee v. Mihan Singh, (1993) 3 SCC 650: 1993 (4) JT 202. [Sikh Gurdwaras Act, 1925 s. 16(2)(iii) and 7(i)]In Shorter Oxford English Dictionary, Third Edition 'the word establish' has a number of meanings i.e., to ratify, confirm, settle, to found, to create. The word 'establish' includes creation also. In Webster's Third New International Dictionary, the word 'establish' has been given a number of meanings, namely, to foun...
Good faith
Good faith, nothing shall be deemed to be done in good faith which is not done with due care and attention. [Limitation Act, 1963, s. 2 (h)]The expression 'good faith' has not been defined in the U.P. Imposition of Ceiling on Land Holdings Act, 1960. The expression has several shades of meaning. In the popular sense, the phrase 'in good faith' simply means 'honestly, without fraud, collusion or deceit; really, actually, without pretence and without intent to assist or act in furtherance of a fraudulent or otherwise unlawful scheme'. (see WORDS AND PHRASES, Permanent Edition, Vol. 18-A, page 91). Although the meaning of 'good faith' may vary in the context of different statutes, subjects and situations, honest intent free from taint of fraud or fraudulent design, is a constant element of its connotation. Even so, the quality and quantity of the honest requisite for constituting 'good faith' is conditioned by the context and object of the statute in which this term is employed, Brijendra...
Lunatic
Lunatic. By the (English) Mental Treatment Act, 1930 (20 & 21 Geo. 5, c. 23), s. 20, the word 'lunatic,' except in the phrase 'criminal lunatic' and in relation to persons detained as lunatics outside England, shall cease to be used in relation to any person of or alleged to be of unsound mind, and the words ''person of unsound mind,' 'person,' 'patient of unsound mind,' or 'of unsound mind,' or such other expression as the context may require are to be substituted in any enactment or document thereunder. See PERSON OF UNSOUND MIND. Mental Treatment Act, 1930 (20 & 21 Geo. 5, c. 23).The general principle governing contracts entered into by insane persons is laid down in The Imperial Loan Co. v. Stone, (1892) 1 QB 559. 'Where a person enters into a contract, and afterwards alleges that he was so insane at the time that he did not know what he was doing and proves the allegation, the contract is as binding on him in every respect, whether it is executory or executed, as if he had been sa...
Unclaimed property
Unclaimed property. This devolves on the Crown at Common Law. Unclaimed property may be dealt with under the heads of (1) Government Stock, (2) Chancery Funds, (3) Stock in Public Companies, (4) Bankers' Balances, (5) Deposits with Bankers for Safe Custody, and (6) Found Property.(1) Government Stock.-The National Debt Act, 1870 (33 & 34 Vict. c. 71), ss. 51 et seq., as extended by 20 & 21 Geo. 5, c. 28, s. 49 provides that stock on which no dividend has been claimed for ten years must be transferred to the National Debt Commissioners. Lists of names in which the stock stood, with residence, description and amount of stock and date of transfer, are to be kept at the Bank of England [or Ireland, but see 13 Geo. 5, c. 2, s. 6 (d)] and at the National Debt Office, open to inspection, and also kept in duplicate at the National Debt Office. The stock may be re-transferred to persons showing title after, in the case of stock exceeding 20l., three months' public notice by advertisement. A sec...
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