H M S - Law Dictionary Search Results
Home Dictionary Name: h m s Page 1 of about 67 results (0.004 seconds)H M S
A prefix used in the names of British warships meaning His Majestys Ship or Her Majestys Ship as H M S Pinafore...
Goods
Goods, Computer programs are the product of an intellectual process, but once implanted in a medium they are widely distributed to computer owners. An analogy can be drawn to a compact-disc recording of an orchestral rendition. The music is produced by the artistry of musicians and in itself is not a 'good', but when transferred to a laser-readable disc it becomes a readily merchant-able commodity. Similarly, when a professor deliv-ers a lecture, it is not a good, but, when transcribed as a book, it becomes a good. That a computer program may be copyrightable as intellectual property does not alter the fact that once in the form of a floppy disc or other medium, the program is tangible, moveable and available in the marketplace. The fact that some programs may be tailored for specific purposes need not alter their status as 'goods' because the Code definition includes 'specially manufactured goods', Advent Systems Ltd. v. Unisys Corpn., 925 F. 2d 670 3dCir 1991. Associated Cement Compa...
Estimates
Estimates, in India, the estimates are presented to the Lok Sabha in the form of estimates, Parliamentary Practice, Erskine May, 22nd Edn., 2001, p. 743.Is the certain details of the anticipated expenses of each department and the specific purposes for which the money is required, the Office of the Speaker in the Parliaments of Commonwealth, Wilding & Philip Laundry, p. 252.In U.K., the Crown's request for supply are sub-mitted to the House of Commons in the form of estimates, Parliamentary Practice, Erskine, May, 22nd Edn., 1997, p. 745.Is the annual detailed statements of the public expenditure proposed to be undertaken by the Government, Parliamentary Dictionary, L.A. Abraham and S.C. Hawtrey, 1956 and H.M. Barclay, 3rd Edn., 1970, p. 94.Contain the details of the anticipated expenses of each department and the specific purposes for which the money is required, the Office of the Speaker in the Parliaments of Commonwealth, Wilding and Philip Laundy, p. 252.In India, the estimates are...
Jury
Jury [fr. jurata, Lat.; jure, Fr.], a number of persons sworn to deliver a verdict upon evidence delivered to them touching the issue.Trial by jury may be traced to the earliest Anglo-Saxon times. One of the judicial customs of the Saxons was that a man might be cleared of an accusation of certain crimes, if an appointed number of persons (juratores, or more properly compurgatores) came forward and swore to a veredictum, that they believed him innocent. It is remarkable that for accusations of any consequence among the Saxons on the continent, twelve juratores was the number required for an acquittal. Similar customs may be observed in the laws of Athens and Rome, where dikaotai and judices answer to jurors, an of the continental Angli and Frisiones, though the number of jurors varied.See, as to the introduction and growth of trial by jury in England, Forsyth's History of Trial by Jury; and for comments on and proposed amendments of the law, see Erle's Jury Laws and their Amendment, pu...
National insurance
National insurance. The (English) National Insur-ance Act, 1911 (1 & 2 Geo. 5, c. 55), introduced by Mr. Lloyd George, established a wide system of compulsory state insurance covering both ill-health and unemployment, which is based upon premiums contributed in part by the employer, in part by the employee, and in part by the State. The Act consisted of three parts, the first dealing with National Health Insurance, the second with Unemployment Insurance, and the third contained miscellaneous provisions. This Act remained the basis of National Health Insurance, although the subject of very extensive amendment, until the National Health Insurance Act, 1924, consolidated the law. The law has been consolidated again by the (English) National Health Insurance Act, 1936 (26 Geo. 5, and 1 Edw. 8, c. 32), amends and repeals the whole of the Acts passed in 1920, 1922, 1924 and 1928. The arrangement is as follows:-Part I. Insured Persons and Contributions.Part II. Benefits.Part III. Approved Soc...
Person aggrieved
Person aggrieved, does not include a mere busy-body, but refers to one who has a genuine grievance on account of some order prejudicially affecting his interests, K.C. Pazhanimala v. State of Kerala, AIR 1969 Ker 154: (1968) ILR 2 Ker 422; P.S.R. Sadanatham v. Arunachalam, (1980) SCC (Cr) 649; V.D. Kumarappan v. Secy, Home Department, AIR 1960 Ker 378; Ashok Autoservice of Belim v. Union of India, AIR 1968 Goa 67; Ebrahim Aboobaker v. Custodian General of Evacuee Property, AIR 1952 SC 319; Custodian of Evacuees Property v. Ahad Noga, AIR 1957 J&K 50.If a person is a member of a society and is wrongfully excluded, then he is a 'person aggrieved', Chapadgaon Vividh Karyakan Seva Sahakari Society, Chapadgaon v. Collector of Ahmednagar, (1989) 3 Bom CR 641 [Maharashtra Co-operative Societies Act, 1960, s. 144]; Adi Pherozshab Gandhi v. H.M. Seervai, AIR 1971 SC 385; Mohammed Sharfuddin v. R.P. Singh, AIR 1957 Pat 235; Northern Plastics Ltd. v. Hindustan Photo Film Mfg. Co. Ltd., (1997) 4 S...
Election
Election, the word 'election' means any and every act taken by the competent authority after the publication of the election notification, Manda Jaganath v. K.S. Rathnam, (2004) 7 SCC 492: AIR 2004 SC 3601 (3604).The act of selecting one or more from a greater number for an office.The exercise of his choice by a man left to his own free will to take or to do one thing or another. It is the obligation imposed upon a person to choose between two inconsistent or alternative rights or claims. Thus, in Scarf v. Jardine, (1882) 7 App Cas 345, the House of Lords held that a customer could not sue a new firm after having elected to sue a retiring partner.Electio semel facta et placitum testatum non patitur regressum. Quod semel placuit in electionibus amplius displicere non potest. Co. Litt. 146, 146 a.--(Elections once made and plea witnessed suffers not a recall. What has once pleased a man in elections cannot displease him on further consideration.) See also Re Simms, Ex p. Trustee, 1934 Ch...
Debate
Debate, is a sum of money reduced to a certainty and does not include a claim for uncertain damages, A Dictionary of Law, Willium C. Anderson, 1889, p. 315.Is a sum payable in respect of a liquidated money demand recoverable by action, Stroud's Dictionary of Law, p. 612When the debate on any motion becomes unduly protracted the speaker can fix a time limit for its completion. At the appointed hour, the question is put forthwith and thus the debate on the subject is closed, Rules of Procedure and Conduct of Business in Lok Sabha, 10th Edn., 2002, rule 263.A member has to be relevant to the subject under discussion, if he persists in irrelevance the Speaker can direct him to discontinue his speech, Rules of Procedure and Conduct of Business in Lok Sabha, 10th Edn., 2002, rule 356.In the Indian Parliament, a debate takes place on a motion, resolution etc., moved in the House, Debate also takes place under short duration discussion although no formal motion has been moved; no debate is all...
Election Commission
Election Commission, 'Election Commission' means the Election Commission referred to in Article 324. [Government of National Capital Territory of Delhi Act, 1991 (1 of 1992), s. 2(d)]Means the Election Commission appointed by the President under article 324. [Representation of the People Act, 1950, s. 2 (d)]The Chief Election Commissioner can be removed only in the like manner and on the like grounds as a Judge of a Supreme Court; his conditions of service cannot be varied to his disadvantage after his appointment. An Election Commissioner or Regional Commissioner can be removed from office only on the recommendations of the Chief Election Commissioner. [Constitution of India, Art. 394(5)]Is a Constitutional body in India, created for the pur-pose of holding elections to Parliament, State Legislatures and Offices of President and Vice-President. [Constitution of India, Art. 324]Can disqualify a person for six years from voting on ground of conviction for certain offences. [Representati...
Enacting formula
Enacting formula, is the section of a Bill or statute which establishes the whole document as a law, A Dictionary of Law, William C. Anderson, 1889, p. 24.Is a short formal paragraph immediately after the title and Preamble (if any) of the Bill, which set forth the authority of the body by which the Bill is to be passed, Parliamentary Dictionary, L.A. Abraham & S.C. Hawtrey, 1956, p. 92 and H.M. Barclay, 3rd Edn., 1970.Is taken up for passing only when all the clauses and Schedules (including new clauses and new Schedules) have been disposed of, Rules of Procedure and Conduct of Business in Lok Sabha, 10th Edn., 2002, p. 92.Was adopted in 1954. It proceeds the clauses of the Bill, Practice and Procedure of Parliament, M.N. Kaul and S.L. Shakdher, 5th Edn., 2001 p. 535...
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