Great Writ - Law Dictionary Search Results
Pension
to receive pension in property under Art. 31(1) of the Constitution of India and by a mere executive order the State has no power to withhold the same, Deokinavdan Prasad v. State of Bihar, AIR 1971 SC
Ultra vires
by the Charter or Act of Parliament, or by law directly or indirectly, Jenkins v. Pharmaceutical Society of Great Britain, (1921) 1 Ch 392. On the other hand, a cor-poration or company which is created by or … implies, an absence of jurisdiction or competency. The use of such expressions is no safer guide that the order is for all practical purpose non est, Madhavan Pillai v. State of Kerala, AIR 1966 Ker 212 (FB):
Adoption
countries, as France and Germany, where the civil law (as to which, see Sand. Just.) prevails to any great extent. In 1889 and 1890, Lord Meath introduced Bills in the House of Lords to legalize adoption. By … of the Court and no other person may give any such money or reward. The effect of the order is to place the adopted child for all purposes except as mentioned below in the position of a
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Domicile
to the case of British subjects dying abroad, and of foreigners dying in this country, gave rise to great inconvenience, to remove which two statutes were passed in 1861. By the first of these, the (English) Wills … to another, but nevertheless the law will arbitrarily ascribe to him a domicile in one particular territory. In order to make the rule that nobody can be without a domicile effective, the law assigns what is called
Receiver
or against trustees or executors; in actions between partners for winding up the partnership business, and in a great many other cases. (2) A mortgagee may also appoint a receiver of the mortgaged property, if empowered so … of diverse claims, Black's Law Dictionary, 7th Edn., p. 1275. A receiver may be appointed by an interlocutory order of the court, in all cases in which it shall appear to the court to be just or
Letters-patent, or letters overt
Letters-patent, or letters overt [fr. liter' patentes, Lat.], writings of the sovereign, sealed with the Great Seal of England, whereby a person or public company is enabled to do acts or enjoy privileges which … Letters-patent, or letters overt [fr. liter' patentes, Lat.], writings of the sovereign, sealed with the Great Seal of England, whereby a person or public company is enabled
Indemnity
right of subrogation as well as a right of recourse against the person guaranteed unless otherwise agreed. A great number of indem-nities are implied at Common Law or statute, and the contract extends to all the loss … may incur by reason of some act, omission or event. It differs from a guarantee which requires a writing under s. 4 of the Statute of Frauds in that the latter guarantee contemplates the primary liability of
Public trustee
Post Office Savings Bank, see Post Office Savings Bank (Public Trustee) Act, 1908. Banks and insurance companies of great financial strength act as trustees at charges somewhat lower than those payable to the Public Trustee, and, it … be appointed a new or additional trustee when the trust instrument directs the contrary unless the court otherwise order, and notice of any proposed appointment must be given to the beneficiaries; see s. 5. The Public Trustee
Natural justice
embodied rules. What particular rule of natural justice should apply to a given case must depend to a great extent on the facts and circumstances of that case, the frame-work of the law under which the enquiry … Dei case [(1967) 2 SCR 625: AIR 1967 SC 1269]; wherein it was held that even an administrative order or decision in matters involving civil consequences, has to be made consistently with the rules of natural justice.
Colony
was now acquired a more extensive dominion of colonies and dependencies than any other nation. The colonies of Great Britain exceed in number, extent, and value those of every other country. In an Act of Parliament (English) … peaceful possession of their territory. As a general rule an Act of Parliament must name the colony in order to bind it, but see Statute of Westminster, 1931 (22 Geo. 5, c. 4). Clark's Col. Law; Burge's
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