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Gist of action

Gist of action [fr. giste, Fr. gesir, to lie; jaceo, Lat.], the cause for which an action lies; the ground and foundation of a suit, without which it is not maintainable....


Governing Board

Governing Board, 'Governing Board' means the Governing Board constituted under s. 11. [Kalak-shetra Foundation Act, 1993 (6 of 1994), s. 2(i)]...


Grammar Schools

Grammar Schools, endowed schools founded (many of them by King Edward the Sixth) for the purpose of teaching Latin and Greek, or either of them, and in which, except under the orders of a Court of Equity, under the (English) Grammar Schools Act, 1840 (3 & 4 Vict. c. 77), the teaching of one or both of these languages, in accordance with the terms of the foundation, cannot be dispensed with. Grammar Schools are now usually governed by schemes under the Endowed Schools Acts, and in such cases visitatorial power is exercised by the Board of Education, Tudor's Char. Trusts, 4th Edn. P. 78, note (d). See ENDOWED SCHOOLS....


Kalakshetra

Kalakshetra, 'kalakshetra', means the institution known as, Kalakshetra founded by the late Thirumathi Rukmini Devi Arundale, situated at Adyar, Madras, and includes its constituent units. [Kalakshetra Foundation Act, 1993 (6 of 1994), s. 3(j)]...


Interest of the nation

Interest of the nation, means something which concerns or is of advantage to the nation, T.M.A. Pai Foundation v. State of Karnataka, (2002) 8 SCC 481....


Invention

Invention, 'invention' means any manner of new manufacture and includes an improvement and an allied invention'. [s. 2(8) of 1911 Act.] It is to be noted that unlike the Patents Act, 1970, the Act of 1911 does not specify the requirement of being useful in the definition of 'invention'. But Courts have always taken the view that a patentable invention, apart from being a new manufacture, must also be useful. The foundation for this judicial interpretation is to be found in the fact that s. 26(1)(f) of the 1911 Act recognises lack of utility as one of the grounds on which a patent can be revoked, M/s. Bishwanath Prasad Radhey Shyam v. Hindustan Metal Industries, AIR 1982 SC 1444: (1979) 2 SCC 511.Means a new produan inven-tive step and capable of industrial application. [Patents Act, 1970 (39 of 1970), s. 2 (1) (j)]...


Jus

Jus, law, right, equity, authority, and rule.A Roman 'magistratus' generally did not investigate the facts in dispute in such matters as were brought before him; he appointed a judex for that purpose, and gave him instructions. Accordingly, the whole procedure was expressed by the two phrases Jus and Judicium; of which the former comprehended all that took place before the magistratus (in jure), and the latter all that took place before the judex (in judicio). Originally, even the magistratus was called judex, as, for instance, the consul and pr'tor (Liv. iii. 55); and under the empire the term 'judex' often designated the pr'ses, Smith's Dict. of Antiq.All law jus) is distributed into two parts--Jus Gentium and Jus Civile--and the whole body of law peculiar to any state is its Jus Civile (Cic. De Orat. I. 44). The Roman Law, therefore, which is peculiar to the Roman state, is its Jus Civile, sometimes called Jus Civile Romanorum, but more frequently designated by the term Jus Civile o...


Fundus

Fundus, the bottom or foundation of a thing; from fud, the n in fundus being used to strengthen the syllable. Fundus is often used as applied to land, the solid substratum of all man's labour, Smith's Dict. of Antiq.Appellatione fundi omne 'dificium et omnis ager continetur (under the word fundus every building and every field is comprehended), 4 Rep. 87.(Latin 'Land') 1. Land or ground in general, without consideration of its specific use 2. A form Black's Law Dictionary, 7th Edn., p. 684....


Lawful possession

Lawful possession, is not litigious possession and must have some foundation in a legal right to possess the property which cannot be equated with a temporary right to enforce recovery of the property in case a person is wrongfully or forcibly dispossessed from it. Juridical possession is possession protected by law against wrongful dispossession but cannot perse always be equated with lawful possession, M.C. Chockalingam v. V. Manickavasagam, AIR 1974 SC 104 (110): (1974) 1 SCC 48: (1974) 2 SCR 143. [T.N. Cinemas (Regulation) Rules, 1957, R. 13]The term 'lawful possession' as defined in the Law Lexicon, Reprint Edition, 1987, by P. Ramanatha Aiyar at p. 712 as: The term 'lawful possession' is not convertible with 'innocent possession' in legal terminology. Intent does not enter into whether an act is unlawful or tortuous, though it does as to whether it is innocent or criminal. To establish 'lawful possession'.It is absolutely necessary for a party to prove with the documents which ca...


Furtum

Furtum [fr., a thief, to carry away], theft; robbery. It is manifestum et nec manifestum, Sand. Just., 7th Edn. 399, 400, where other kinds are enumerated; and see LARCENY; ROBBERY.Furtum est contrectatio rei alien' fradulenta, cum animo furandi, invito illo domino cujus res illa fuerat. 3 Inst. 107.--(Theft is the fradulent handling of another's property, with an intention of stealing, against the will of the proprietor whose property it was.)Furtum non est ubi initium habet detentionis per dominium rei. 3 Inst. 107.--(There is no theft where the foundation of the detention is based upon ownership of the thing.)...



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