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Home Dictionary Name: full court Page: 3Incorporated Law Society
Incorporated Law Society, now termed the Law Society, was founded by Mr. Bryan Holme in 1825, and incorporated in 1831 by Royal Charter; this was surrendered for a new Charter in 1845, by which, as amended by Supplemental Charters in 1872, 1903, and 1909, the Society now remains constituted. The Society was incorporated 'to facilitate the acquisition of legal knowledge, and for better and more conveniently discharging the professional duties of the members of the Society,' under the full title of 'The Society of Attorneys, Solicitors, Proctors, and others not being Barristers practicing in the Courts of Law and Equity of the United Kingdom'; since the charter of 1903 it has been officially (as before them commonly) called 'The Law Society.'The Society first instituted lectures for students in 1833, and was made registrar of attorneys and solicitors in 1843 by the (English) Solicitors Act, 1843 (6 & 7 Vict. c. 73), s. 21.On the decay of the Inns of Chancery, which in their later aspect ...
Summary
Summary, an abridgment, brief compendium; summary application, one made to a court or judge without the formality of a full proceeding. See PLENARY.The word 'summary' implies a short and quick procedure instead of or, as an alternative to, the more elaborate procedure ordinarily adopted or prescribed for deciding a case. The proceedings before a court, tribunal or an authority are called summary proceedings if it is not required to follow the regular formal procedure but is authorised to follow a short and quick procedure for expeditious disposal, Mohan Lal v. Kartar Singh, 1995 Supp (4) SCC 684 (693) (Punjab Tenancy and Agricultural Lands Act, 1955, s. 43...
Fines in copyholds
Fines in copyholds. A fine which is preserved by 12 Car. 2, c. 24, s. 6, is a sum of money payable by custom to the lord. There are three classes of fines:- (1) those due on the change of the lord; (2) those on the change of the tenant; and (3) those for a licence to the tenant to do certain acts.When the fine is due on the change of the lord, such change must be by the act of God, and not in consequence of any act of the party. It can therefore be only claimed on the death of the lord.When it is due on the change of the tenant, it matters not whether that change is effected by the act of God, or by the tenant's own act. Whenever the tenancy is changed, a fine is payable.Those fines which are due to licenses by the lord, to empower the tenant to do certain acts, as to demise, etc., are rare. There must be a special custom to support such fine, for, by general custom, fines are due only on admissions.The admission fine is prima facie uncertain and arbitrary, or rather arbitrable, unless...
Notwithstanding, the words 'notwithstanding' in clause (1) and 'subject to' in clause (3) mean that where an entry is in general terms in List II and part of that entry is in specific terms in List I, the entry in List I takes effect notwithstanding the e
Notwithstanding any judgment, decree or other authority, the words 'notwithstanding and judg-ment, decree or order of any Court or other authority' in the proviso make it clear and leave no doubt that the legislature intended that the finality of 'judgment, decree or order of any Court or other authority' should not stand in the way of giving full effect to the retrospective introduction of the proviso in s. 3 and applying the provisions of the Delhi Rent Control Act, 1958 in cases falling within the proviso, Sunder Dass v. Ram Parkash, AIR 1977 SC 1201 (1206): (1977) 2 SCC 662: (1977) 3 SCR 60....
undersecured claim
undersecured claim A debt secured by property that is worth less than the full amount of the debt. Source: Administrative Office of the U.S. Courts ...
Actual practice
Actual practice, the words 'actual practice' as employed in rule 9 indicate that the concerned advocate must be whole time available as a professional attached to the concerned court and must not be pursuing any other full time avocation, Modan Lal v. State of J&K, (1995) 3 SCC 486, AIR 1995 SC 1088 (1097). [J&K Civil Services (Judicial) [Recruitment Rules (1967) R. 9]...
Colligenda bona, letters ad
Colligenda bona, letters ad. In default of relatives or creditors to administer, the Probate Court may grant letters to collect the goods of the deceased, and may give the grantee the full powers of an administrator during the time he is to act; see Whitehead v. Palmer, 1908 (1) KB 151; Re Roberts, 1898, P. 149....
Estoppel
Estoppel, a conclusive admission, which cannot be denied. It is of three kinds:-(1) By matter of record, which imports such absolute and incontrovertible verity, that no person against whom it is producible shall be permitted to aver against it. A record concludes the parties thereto, and their privies, whether in blood, in law, or by estate, upon the point adjudged, but not upon any matter collateral or adjudged by inference, A judgment in an action in rem is absolutely binding upon all the world.A conviction on the same facts is no estoppel in a civil action because the parties are not the same, Palace Shipping Co. v. Caine, 1907 AC 386.(2) By deed. No person can be allowed to dispute his own solemn deed, which is therefore conclusive against him, and those claiming under him, even as to the facts recited in it. The general rule is that an indenture estops all who are parties to it, while a deed-poll only estops the party who executesit, since it is his sole language and act, Shep. T...
Outgoing
Outgoing. 1. Payments which have to be made out of the gross returns of a property or business before its net proceeds can reach the owner, as a drainage rate on land, or the salaries of clerks in the management of a business.2. A most comprehensive general expression in a lessee's covenant to pay taxes and other charges, which no prudent lessee should accept; as to the meaning of the word, see Stockdale v. Ascerberg, (1904) 1 KB 447; Greaves v. Whitmarsh, (1906) 2 KB 340; also Henman v. Berliner, (1918) 2 KB 236,where the Court found ground for restricting the full meaning of the term. As to head landlord's indemnity, Dependable Upholstery Ltd. v. Brasted, (1932)1 KB 291. Under the Agricultural Holdings Act, 1923, s. 16 (making up a road, etc.), Lowther v. Clifford, (1927) 1KB 130 (yearly tenant)....
Plenary
Plenary, full, complete; an ordinary proceeding through all its gradations and formal steps, opposed to summary.Plenary causes in the Ecclesiastical Courts re reduced to the following:(1) Suits for ecclesiastical dilapidations.(2) Suits relating to seats or sitting-places in churches.(3) Suits for tithes....
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