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Home Dictionary Name: general law Page: 4Existing law and law in force
Existing law and law in force, there is material difference between 'an existing law' and a 'law in force'. Apart from Article 366(10) of the Constitution, the expression 'Indian law' has itself been defined in s. 3(29) of the General Clauses Act, as meaning any Act, ordinance, regulation, rule, order, or bye-law which before the commencement of the Constitution had the force of law in any province of India or part thereof. The words 'law in force' as used in Article 372 are wide enough to include not merely a legislative enactment but also any regulation or order which has the force of law, Edward Mills Co. Ltd. v. State of Ajmer, AIR 1955 SC 25: (1955) 1 SCR 735. [Constitution of India, Arts. 366(10) and 372]...
Personality of laws
Personality of laws. By the personality of laws, foreign jurists generally mean all laws concerning the condition, state, and capacity of persons; by the reality of laws, all laws which concern property of things; qu' ad rem spectant. Whenever they wish to express that the operation of a law is universal, they compendiously announce that it is a personal statute; and whenever, on the other hand, they wish to express that its operation is confined to the country of its origin, they simply declare it to be a real statute, Story's Confl. Of Laws, 8th Edn. p. 20....
mortgage
mortgage [Anglo-French, from Old French, from mort dead (from Latin mortuus) + gage security] 1 a : a conveyance of title to property that is given to secure an obligation (as a debt) and that is defeated upon payment or performance according to stipulated terms [shows that a deed was intended only as a "W. M. McGovern, Jr. et al."] b : a lien against property that is granted to secure an obligation (as a debt) and that is extinguished upon payment or performance according to stipulated terms [creditors with valid s against the debtor's property "J. H. Williamson"] c : a loan secured by a mortgage [applied for a ] adjustable rate mortgage : a mortgage having an interest rate which is usually initially lower than that of a mortgage with a fixed rate but which is adjusted periodically according to an index (as the cost of funds to the lender) balloon mortgage : a mortgage having the interest paid periodically and the principal paid in one lump sum at the end of the term of the lo...
Surrender of copyholds
Surrender of copyholds. The following note affects the title to copyholds, as it existed before their abolition by the (English) Law of Property Act, 1922. Copyholds were not, as a general rule, alien-able by any of the Common Law assurances. A surrender (which is vocabulum artis) is the yielding up of a legal tenancy in a copyhold estate, either by express words or operation of law, by the tenant after admittance, or by his lawful appointed attorney, either in or out of Court, to the lord of the manor in person, his chief steward, or under-steward; or, by special custom, to the bailiff, beadle, or reeve, or to certain tenants of the manor, either as a relinquishment or resignation of such estate, or as the medium of conveying or transferring it to another. Surrenders were made in various forms-in some manors by a rod, in others by a straw, in others by a glove, or some other symbol, which is delivered by the surrenderor to the steward or other person taking the surrender in the name o...
Electoral roll
Electoral roll, The electoral roll referred to in s. 62(1) of the Representation of the People Act, 1951 must be understood to be the electoral roll that was in force on the last day for making the nominations for the election, Baidyanath Panjiar v. Sitaram Mahto, (1969) 2 SCC 447: AIR 1970 SC 314: (1970) 1 SCR 839.For being eligible to be included in electoral register, one has to be: (1) a resident in that Constituency, (2) should not be subject to any legal incapacity, (3) has to be either a Commonwealth citizen or a citizen of the Republic of Ireland, (4) has to be of 18 years of age or above on the date of poll, Parliamentary Practice Erskine May, 22nd Edn., 1997, p. 26.In U.K., it is known as electoral Register. The Representation of People Act, 1983 provides for the presentation of Registers of Parliamentary electors once a year and all persons who claim to vote must be registered before election, Parliamentary Practice, Erskine May, 22nd Edn., 1997, p. 28.Is known as 'voters' l...
jury
jury pl: ju·ries [Anglo-French juree, from feminine past participle of Old French jurer to swear, from Latin jurare, from jur- jus law] : a body of individuals sworn to give a decision on some matter submitted to them ;esp : a body of individuals selected and sworn to inquire into a question of fact and to give their verdict according to the evidence occasionally used with a pl. verb [the are always to decide whether the inference shall be drawn "Oliver Wendell Holmes, Jr."] see also advisory jury, array, grand jury, inquest, jury nullification, petit jury, special jury, trial jury, venire Amendment VI to the Constitution in the back matter NOTE: The jury of American and English law most likely originated in early Anglo-Norman property proceedings, where a body of 12 knights or freemen who were from the area, and usually familiar with the parties, would take an oath and answer questions put to them by a judge in order to determine property rights. Jury verdicts began to be us...
Trover
Trover [fr. trouver, Fr., to find]. This was a special action upon the case, properly called the action of trover and conversion (see that title), which might be maintained by any person who had either an absolute or special property in goods, for recovering the value of such goods against another, who, having or being supposed to have obtained possession of such goods by lawful means, had wrongfully converted them to his own use. It originally lay only where the goods had been lost by the plaintiff and 'found' (whence the name) by the defendant, but it was in course of time allowed to be brought as above upon a fictitious allegation of the finding not required to be proved, but not formally abolished until 1852, by the C.L.P. Act, 1852, s. 49.The action was also termed one of conversion, but 'wrongfully depriving' is the term now more frequently used. Under the old common law there were four different remedies for the wrongful deprivation of goods-viz., the actions of trespass to good...
General
Relating to a genus or kind pertaining to a whole class or order as a general law of animal or vegetable economy...
Principle
Principle, a principle has been explained in Butterworth's words and phrases, second edition, vol. 4 p. 177 thus:A 'principle' means a general guiding rule, and does not include specific directions, which vary according to the subject-matter (Per Shearman, J., in M'Creach v. Frearson, 1922 WN 37), Consolidated Coffee Ltd. v. Coffee Board Banglore, AIR 1980 SC 1468 (1479): (1980) 3 SCC 358.Means a general law or rule adopted or professed as a guide to action, Consolidated Coffee Ltd. v. Coffee Board, Bangalore, AIR 1980 SC 1468....
Undue influence
Undue influence, Any influence, pressure, or domination in such circumstances that the person acting under that influence may be held not to have exercised his free and independent volition in regard to the act.As to gifts, see title SPIRITUALISM and Lyon v. Home, (1868) LR 6 Eq 655, and as to wills, see Parfitt v. Lawless, (1872) LR 2 P&M 462.In the case of benefits or advantages obtained in certain relationships, the existence of this influence is presumed, e.g., guardian and ward, a parent over a child upon or soon after attaining age and the possession of property, a guide or instructor, medical advisers, ministers or professors of religion, managers of business [Coomber v. Coomber, (1911) 1 Ch 174], attendants upon or advisers of aged and infirm people. In such cases, in regard to transactions inter vivos, the onus of proving absence of undue influence lies on the person claiming the benefit of the disposition or act, and in some cases, e.g., gifts by clients to their solicitors (...
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