Hereinbefore - Law Dictionary Search Results
Home Dictionary Name: hereinbeforeUnder the provisions hereinbefore contained
Under the provisions hereinbefore contained, means if the magistrate comes to the conclusion that the accused ought to be committee for trial, he shall commit in accordance with the provisions contained in the earlier part of the Code, Chhadanilal Jain v. State of Uttar Pradesh, AIR 1960 SC 41: (1960) Cr LJ 145.The Magistrate comes to the conclusion that the accused ought to be committed for trial he shall commit in accordance with the provisions contained in the earlier part of the Code namely, in Chapter XVIII. This of course does not mean that the Magistrate must begin over again for the beginning. All that he has to do when he decides that the case ought to be committed is to inform the accused and see that the provisions of Chapter XVIII are complied with so far as they have not been complied with upto the stage at which he decides that there ought to be a commitment. Now the procedure under Chapter XVIII is lad down in ss. 208 to 213 of the Code, Chhadimal Jain v. State of Uttar ...
Wills
Wills. A will is the valid disposition by a living person, to take effect after his death, of his disposable property. ''But in law ultima voluntas in scriptis is used, where lands or tenements are devised, and testamentum, when it concerneth chattels': Co. Litt. 111 a.Depository of Will of Living Person.-By the (English) Jud. Act, 1925, s. 172, replacing s. 91 of the Court of Probate Act, 1857:-There shall, under the control and direction of the High Court, be provided safe and convenient depositories for the custody of the wills of living persons, and any person may deposit his will therein.And see (English) Administration of Justice Act, 1928 (18 & 19 Geo. 5, c. 26), s. 11, as to deposit of wills under control of the High Court.Law before 1838.-The right of testamentary aliena-tion of lands is a matter depending on Act of Parliament. Before 32 Hen. 8, c. 1, a will could not be made of land, and before the Statute of Frauds a will (see NUNCUPATIVE WILL) could be made by word of mouth...
Hereinbefore
In the preceding part of this writing document book etc...
Forest-produce
Forest-produce, means:(a) the following whether found in, or brought from, a forest or not, that is to say--timber charcoal, caoutchouc, catechu, wood-oil, resin, natural varnish, bark, lac, mahuaflowers, mahua seeds, kuth and myrabolams, and(b) the following when found in, or brought from a forest, that is to say--(i) trees and leaves, flowers and fruits, and all other parts or produce not hereinbefore mentioned, of trees,(ii) plants not being trees (including grass, creepers, reeds and moss), and all parts or produce of such plants,(iii) wild animals and skins, tusks, horns, bones, silk, cocoons, honey and wax, and all other parts or produce of animals, and(iv) peat, surface soil, rock and mineral (including lime-stone, laterite, mineral oils, and all products of mines or quarries). [Indian Forest Act, 1927 (16 of 1927), s. 2 (4)]...
If from any cause whatsoever
If from any cause whatsoever in a contract ran as: 'If from any cause whatsoever, the purchase should not be completed and the purchase money paid on the day hereinbefore stipulated, not paid, the purchaser shall pay interest, from that date until the completion of the purchase at the rate of 14 per cent. per annum'. Construing this Lord St. Leonards laid down that the words 'if from any cause whatsoever' are to be read, 'if from any cause whatsoever' than the wilful default of the vendor, Palmerston, Lord v. Turner, 33 LJ Ch 457...
Insurance
Insurance, see, Income-tax Act, 1961 (43 of 1961), s. 80C, Expl. 1.Insurance, the act of providing against a possible loss, by entering into a contract with one who is willing to give assurance, that is, to bind himself to make good such loss should it occur. In this contract, the chances of benefit are equal to the insured and the insurer. The first actually pays a certain sum, and the latter undertakes to pay a larger, if an accident should happen. The one renders his property secure; the other receives money with the probability that it is clear gain. The instrument by which the contract is made is called a policy; the stipulated consideration, a premium. As to what is known as a coupon policy, i.e., a coupon cut out of a diary, etc., see General Accident, etc., Assce. Corpn. v. Robertson, 1909 AC 404.Insurable Interest must be possessed by the person taking out a policy; he must be so circumstanced as to have benefit from the existence of the person or thing insured, and some preju...
Meat on hoof
Meat on hoof, In the Oxford English Dictionary, 1933 Edn., Volume V, page 372, one of the meanings of 'hoof' is mentioned as follows: The massive horny growth which sheathes the ends of the digits or encases the foot of quadrupeds forming the order Ungulata, primarily that of the horse and other equine animals: it corresponds to the nails or claws of other quadrupeds. In Collins English Dictionary at page 705 'hoof is defined as under: 1.a. the horny covering of the end of the foot in the horse, deer, and all other ungulate mammals. (in combination): a hoofbeat. Related adj.: angular. 2. the foot of an ungulate mammal. 3. a hoofed animal. 4. Facetious. a person's foot. 5. On the hoofs. 7. hoof it, Slang. a. to walk. b. (intr.) to dance. [Old English hoof; related to Old Norse Hofr, Old High German hoof (German Huf), Sanskrit saphas]. In Stroud's Judicial Dictionary, Third Edn., Vol. 2, page 1333 'hoofs' is mentioned in respect of 'Fertilisers and Feeding Stuffs Act, 1926'. In any event...
Piracy
Piracy [fr. pirata, Lat.], the commission of those acts of robbery and violence upon the sea, which if committed upon land wold amount to felony. Pirates hold no commission or delegated authority from any sovereign or State, empowering them to attack others. They can, therefore, be only regarded in the light of robbers. They are, as Cicero has truly stated, the common enemies of all (communes hostes omnium); and the law of nations gives to every one the right to pursue and exterminate them without any previous declaration of war (see Piracy Jure Gentium, 1934, AC 586, where a frustrated attempt was held to be piracy by that law); but it is not allowed to kill them without trial, except in battle. Those who surrender or are taken prisoners must be brought before the proper magistrates, and dealt with according to law. By the ancient Common Law of England, piracy, if committed by a subject, was held to be a species of treason, being contrary to his natural allegiance; if by an alien, to ...
Republication of Wills
Republication of Wills, a second publication after cancelling or revoking.The Wills Act, 1837 (7 Wm. 4 & 1 Vict. c. 26), provides in s. 22 as follows:-No will or codicil, or any part thereof, which shall be in any manner revoked, shall be revived otherwise than by the re-execution thereof, or by a codicil executed in manner hereinbefore required, and showing an intention to revive the same; and when any will or codicil which shall be partly revoked and afterwards wholly revoked, shall be revived, such revival shall not extend to so much thereof as shall have been revoked before the revocation of the whole thereof, unless an intention to the contrary be shown.Every will re-executed, or republished, or revived by any codicil, shall for the purposes of the Wills Act be deemed to have been made at the time at which the same shall be so re-executed, republished, or revived (s. 34).Every will re-executed, or republished, or revived by any codicil, shall for the purposes of the Wills Act be d...
Vagrants
Vagrants, sturdy beggars; vagabonds.The Act which is now in force, embodying, mitigating, and extending numerous former provisions, is the (English) Vagrancy Act, 1824 (5 Geo. 4, c. 83). It has been extended by the Vagrancy Act, 1838, as to re-commitment on failure to prosecute, appeal, and exhibition of obscene prints; by the (English) Vagrant Act Amendment Act, 1873, as to gambling and betting in streets; by the Vagrancy Act, 1898, amended by the Criminal Law Amendment Act, 1912, s. 7, as to men living on earnings of prostitution; and by (English) Poor Law Act, 1930, s. 150, as to obtaining relief by falsehood. It points out three classes of persons:-1st, idle and disorderly persons; 2nd, rogues and vagabonds; 3rd, incorrigible rogues.First. Idle and Disorderly Persons.-The following are, under the Vagrancy Act, 1824, s. 3, to be deemed 'idle and disorderly persons,' so that any justice of the peace may commit them (being convicted before him) to the house of correction to hard labou...
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