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Home Dictionary Name: found Page: 4 Page 4 of about 1,257 results (0.004 seconds)Magna Carta
Magna Carta, [Latin 'great charter'] The English charter that King John granted to the barons in 1215 and Henry III and Edward I later confirmed. It is generally regarded as one of the great common-law documents and as the foundation of constitution liberties. The other three great charters of English Liberty are the Petition of Right (3 Car. (1628)), the Habeas Corpus Act (31 Car. 2 (1679)), and the Bill of Rights (1 Will. SM. (1689)). Also spelled Magna charta, Black's Law Dictionary, 7th Edn., p. 963.This Great Charter is based substantially upon the Saxon Common Law, which flourished in this kingdom until the Normaninvasion consolidated the system of feudality, still the great characteristic of the principles of real property. The barons assembled at St.Edmund's Bury, in Suffolk, in the later part of the year 1214, and there solemnly swore upon the high alter to withdraw their allegiance from the Crown, and openly rebel, unless King John confirmed by a formal charter the ancient li...
Novation
Novation, the substitution, with the creditor's consent, of a new debtor for an old one. The cases on novation between a customer and a firm will be found discussed in Lindley on Partnership. Slight evidence is sufficient to show that a creditor who continue his dealings with in coming partners accepts the new firm as his debtors instead of the old firm, see Smith v. Patrick, 1901 AC 282. Even in the case of an amalgamation of companies there is nothing to prevent novation if established by sufficient evidence. Many such cases arose in the winding-up of the Albert Company and the European Company, which will be found collected in Buckley on Companies.Substitution of a new contract is the core of novation. If the new contract suffers from legal flaw such as want of registration, stamps etc., on account of which it becomes unenforceable, the original contract will not be extinguished and there would be no novation, Vishram Arjun v. Irukulla Shankariah, AIR 1957 AP 784....
On the fact and in the circumstances of the case
On the fact and in the circumstances of the case, when the question referred to the High Court speaks of 'on the facts and in the circumstances of the case', it means on the facts and circumstances found by the Tribunal and not about the facts and circumstances that may be found by the High Court, Karnani Properties Ltd. v. Commissioner of Income Tax, AIR 1972 SC 2315: (1971) 3 SCC 568: (1972) 1 SCR 457....
Probation
Probation, connotes a period of trial, Ajudhia Nath Dhingra v. Union of India, 1976 Sim LJ 357.Means a sort of 'locus pententiae' to the employer to observe the work, ability, efficiency, sincerity, and competence of the servant and if he is found not suitable for the post, the master reserves the right to dispense with his service without anything more during or at the end of the prescribed period which is styled as period of probation, Parshotam Lal Dhingra v. Union of India, AIR 1958 SC 36: 1958 (1) LLJ 544: 1958 SCJ 217.Probation. (1) Proof generally. (2) Suspension of a final appointment to an office until a person tempo-rarily appointed (who is called a 'probationer') has by his conduct proved himself to be fit to fill it. (3) Treatment of an offender under the (English) Probation of Offenders Act, 1907 (7 Edw. 7, c. 17).By s. 1 of this Act where any person is charged before a Court of summary jurisdiction and the Court thinks that the charge is proved, but is of opinion that, ha...
Person
Person, a Hindu Undivided Family is a person, Kshetra Mohan-Sannyasi Charan Sadhukhan v. Commissioner of Excess Profit Tax, West Bengal, AIR 1953 SC 516.According to company law it does not mean an unregistered firm, Firm Pannaji v. Devichand Kapurchand, 99 IC 640.Person, does not include court, Kharka Gigabhai Mavji v. Soni Jagjivan Kanji, (1979) 20 Guj LR 256.Person, implies only an individual and does not bear scrutiny when construed in the case of a company, a firm of partners or an association of persons, J.K. Industries Ltd. v. Chief Inspector of Factories and Boilers, (1997) SCC (205) 1.Person, in an Act of Parliament passed after 1st January, 1890, includes 'any body of persons corporate or unincorporate' unless the contrary intention appears, Interpretation Act, 1889, s. 19. A corporation, such as a limited company, may be a 'respectable and responsible person' within the meaning of a covenant against assignment in a lease, Willmott v. London Road Car Co., (1910) 2 Ch 525. A c...
Proceeds of terrorism
Proceeds of terrorism, means all kinds of properties which have been derived or obtained from commission of any terrorist act or have been acquired through funds traceable to a terrorist act, irrespective of person in whose name such proceeds are standing or in whose possession they are found, and includes any property which is being used, or is intended to be used, for the purpose of a terrorist organisation. [Unlawful Activities (Prevention) Act, 2004, s. 2(g)]Proceeds of terrorism, shall mean all kinds of properties which have been derived or obtained from commission of any terrorist act or have been acquired through funds traceable to a terrorist act, and shall include cash, irrespective of person in whose name such proceeds are standing or in whose possession they are found. [Prevention of Terrorism Act, 2000 (15 of 2002), s. 2(c)]...
Quaerens non invenit plegium
Quaerens non invenit plegium, means the plaintiff did not find a pledge. A sheriff's return to a writ requiring him to take security from the plaintiff for prosecution of the plaintiff's claim, Black's Law Dictionary, 7th Edn., p. 1253.--(the plaintiff has not found pledge) (the plaintiff has not found pledge), a return made by a sheriff upon certain writs directed to him with this clause: Si. A. fecerit B. securum de clamore suo prosequendo, etc., Fitz N. B. 38....
Receiver of stolen property
Receiver of stolen property. Punishable under the (English) Larceny Act, 1916, s. 33. The offence consists in receiving any property knowing the same to have been stolen or obtained in any way whatsoever under circumstances which amount to felony or misdemeanour. It matters not whether the principal thief has been prosecuted. Whether the offence is a felony or misdemeanour depends on which the original stealing, etc., was. Section 43 provides that, on a prosecution of a person for receiving stolen property knowing it to have been stolen or for being in possession thereof, there may be given in evidence for the purpose of proving guilty knowledge: (a) The fact that other property stolen within the period of twelve months preced-ing the date of the offence charged was found or had been in his possession; (b) the fact that within five years preceding the date of the offence charged he was convicted of an offence involving fraud or dishonesty. Before the prosecution can prove (c) a seven d...
Sacramentum
Sacramentum, an oath. As to the sacramenti actio of the Civil Law, see Sand. Just., and Cum. C. L. 313.Means the money staked as wager. The word evidently has a religious significance. The sum of the wager, forfeited by the party found to be in the wrong, was anciently devoted to religious pur-poses, later went to the public chest. But there is reason to think that at a still earlier period the word sacramentum meant, not a thing staked as a wager on the result of litigation, but an oath by each party as to justice of his cause, involving a penalty to be paid to the offended deity, if the oath was found to be false, the Element of Roman Law, R.W. Lee, 4th Edn., 1956, p. 422....
Seizure
Seizure, 'seizure' means something different because here seizure means that the Commissioner would take into possession the account books and take them outside the possession of the assessee, Mangat Rai v. State of Madhya Pradesh (1969) 2 SCC 697: (1970) 2 SCR 151.The act or an instance of taking possession of a person or property by legal right or process, esp., in constitutional law, a confiscation or arrest that may interfere with a person's reasonable expectation of privacy, Black's Law Dictionary, 7th Edn., p. 1363.Merely holding books found lying in the premises for perusing them cannot properly be regarded as seizure because seizure implies doing something over and above holding an article in one's hand, Chandrika Sao v. State of Bihar, AIR 1967 SC 170 (173). [Bihar Sales Tax Act, 1947, s. 17]Means holding books, found lying in the premises for perusing them, cannot properly be regarded as seizure, because seizure implies doing something over and above holding an article in one...
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