Has Been - Law Dictionary Search Results
Home Dictionary Name: has been Page: 3Who has been a Judge of the High Court
Who has been a Judge of the High Court, the expression refers to a person who of one time occupied that office and no longer enjoys it, AIR 1966 All 45 (49). [Allahabad University Act (3 of 1923), s. 11(4)(i)(b)]...
Ground on which the order has been made
Ground on which the order has been made, these words in their natural and ordinary sense would include any information or material on which the order was based, Shamrao Vishnu Parulekar v. District Magistrate, AIR 1957 SC 23 (26): (1956) SCR 644. [Prevention Detention Act, (4 of 1950), s. 3(3)]...
Opium
Opium, means:(1) the capsules of the poppy (papaver somniferum L), whether in their original form or cut, crushed or powdered and whether or not juice has been extracted therefrom;(2) the spontaneously coagulated juice of such capsules which has not been submitted to any manipulation other than those necessary for packing and transport; and(3) any mixture, with or without neutral materials, of any o the above forms of opium. [Medicinal and Toilet Preparations (Excise Duties) Act, 1955 (16 of 1955), s. 2(i)]It means--(a) the coagulated juice of the opium poppy; and(b) any mixture, with or without any neutral material, of the coagulated juice of the opium poppy. But does not include any preparation containing not more than 0.2 per cent of morphine. [Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), s. 2(xv)]...
Kissing the book
Kissing the book, kissing the New Testament on taking an oath (see that title). This practice, which has of late years been much objected to on sanitary grounds, is peculiar to English Courts, and even in them has not been in use for much more than 150 years; the original practice having been for the witness only to place his hand on the New Testament in order to take the 'corporal oath' (see that title, and see Best on Evidence, 9th Edn., at p. 147).The practice of kissing the thumb, or some part of the Book instead of the Book itself, was emphatically condemned by the late Mr. Justice Byrne at the close of the Michaelmas sittings in 1901 (see Times for Dec. 23), who observed that there was no excuse whatever for a witness refraining from kissing the Book, when by taking advantage of the Oaths Act to swear by uplifted hand he could get rid of the obligation to swear in the ordinary form. The practice of kissing the thumb only, though followed by many to escape infection, is perhaps fo...
Omnis ratihabitio retrotrahitur et mandato priori 'quiparatur
Omnis ratihabitio retrotrahitur et mandato priori 'quiparatur. Co. Litt. 207, (Every consent given to what has been already done has a retrospective effect, and is equivalent to a previous request, provided that the interests of third parties have not been affected in the interim.) See Mann v. Walters, (1830) 10 B&C 626, and Broom's Leg. Max., and RATIFICATION....
consideration
consideration : something (as an act or forbearance or the promise thereof) done or given by one party for the act or promise of another see also contract compare motive NOTE: Except in Louisiana, consideration is a necessary element to the creation of a contract. The consideration must result from bargaining by the parties, and must be the thing that induces the mutual promises. ad·e·quate consideration : a consideration that is reasonably equivalent in value to the thing for which it is given fair consideration : a consideration that is reasonable and given in good faith ;specif : something with a reasonably equivalent value that under the laws of fraudulent conveyances is given in good faith in exchange for the transfer of property good consideration 1 : a consideration based on a family relationship or natural love and affection 2 : valuable consideration in this entry NOTE: When used as defined in sense 1 good consideration is the opposite of valuable consider...
Leprosy
Leprosy, means leprosy has always been considered as a loathsome disease and a leper has always been a social out caste, Swarajya Lakshmi v. G.G. Padma Roa, AIR 1974 SC 165....
property
property pl: -ties [Anglo-French propreté proprieté, from Latin proprietat- proprietas, from proprius own, particular] 1 : something (as an interest, money, or land) that is owned or possessed see also asset, estate, interest, possession abandoned property : property to which the owner has relinquished all rights NOTE: When property is abandoned, the owner gives up the reasonable expectation of privacy concerning it. The finder of abandoned property is entitled to keep it, and a police officer may take possession of abandoned property as evidence without violating the Fourth Amendment to the U.S. Constitution. after-acquired property 1 : property (as proceeds) that a debtor acquires after the commencement of a bankruptcy case and that is usually considered part of the bankruptcy estate 2 : property acquired after the perfection of a lien or security interest ;esp : such property acquired after the creation of a lien or security interest that is subject to the lien or...
Arrest
Arrest [fr. restae, Lat.; arrestare, It.; arrester, Fr., to bring one to stand], the restraining of the liberty of a man's person in order to compel obedience to the order of a Court of Justice, or to prevent the commission of a crime, or to ensure that a person charged or suspected of a crime may be forthcoming to answer it. Arrests are either in civil or (see APPREHENSION) criminal cases; civil arrests must be affected, in order to be legal, by virtue of a precept or writ issue out of some Court. The law of civil arrest (see MESNE PROCESS), so far as it still exists, is regulated by the Debtors Act, 1869 (see that title),which abolished imprisonment for debt except in special cases, as where a debtor has the means to pay his debt but refuses to do so, and s. 218 of the Companies Act, 1929, as to the power to arrest an absconding contributory in case of winding up by the Court. see also CONTEMPT OF COURT. The two great statues for securing the liberty of the subject against unlawful a...
Having been nominated
Having been nominated, oath or affirmation cannot be taken or made by a candidate before he has been nominated as a candidate, Pashupati Nath Singh v. Harihar Prasad Singh, AIR 1968 SC 1064: (1968) 2 SCR 812 [Constitution of India, Sch III Form III]...
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