In An Appropriate Case - Law Dictionary Search Results
Home Dictionary Name: in an appropriate case Page: 2accord
accord 1 : to bring into agreement 2 : to grant or give esp. as appropriate, due, or earned vi : to be consistent or in harmony NOTE: Accord in this sense is often used to introduce a case or an authority that accords with the case or authority just cited, as for example in a sentence like “… a decision based on equitable principles. Accord Smith v. Jones, 1 F.2d 2 (1900).” n 1 : agreement of opinion [both cases in ] 2 : a formal act of agreement : treaty [an economic ] 3 : an accepted offer by which the parties agree that a specified future performance will discharge in full an obligation when performed even though the performance is of less value than the original obligation ;also : the defense that an accord was agreed upon usually used in the phrase accord and satisfaction; called also executory accord compare composition, compromise, novation, satisfaction substituted contract at contract, transaction ...
Passengers
Passengers, persons conveyed from one place to another. Passenger ships are those peculiarly appropriated to the conveyance of passengers, as distinguished from cargo ships. In some respects, passengers by ship may be considered as a portion of the crew. They may be called on by the master or commander of the ship, in case of imminent danger, either from tempest or enemies, to lend their assistance for the general safety; and in the event of their declining, may be punished for disobedience. This principle has been recognized in several cases; but as the authority arises out of the necessity of the case, it must be exercised strictly within the limits of that necessity, Boyce v. Bayliffe, (1807) 1 Camp 58.A passenger is not, however, bound to remain on board a ship in the hour of danger, but may quit it if he has an opportunity; and he is not required to take upon himself any responsibility as to the conduct of the ship; if he incurs any responsibility, and perform extraordinary servic...
Wilful disobedience
Wilful disobedience, 'willful disobedience' to a writ issued by a court constitutes civil contempt, though mere failure to obey the writ may not constitute civil contempt depending upon the facts and circumstances of the case. The appropriate mode of enforcing obedience to a writ of habeas corpus is by committal for contempt. A committal order may be made against a person who intentionally makes a false return to a writ of habeas corpus, but an unintentional misrepresentation on a return is not a ground for committal. Civil contempt is punishable with imprisonment as well as fine, Sebastian M. Hongray v. Union of India, AIR 1984 SC 1026: (1984) 3 SCR 544: (1984) 3 SCC 81 (82).If from the circumstances of a particular case, brought to the notice of the Court, the Court is satisfied that although there has been a disobedience but such disobedience is the result of some compelling circumstances under which it was not possible for the contemner to comply with the order, the Court may not p...
Earmark
Earmark, a mark for identification. Money has no earmark, but it is an ordinary term for a privy mark made by any one on a coin, but money in a purse or container and set aside for a purpose, i.e., may be traced. As to the appropriation of payments, see CLAYTON'S CASE.Originally, a mark upon the ear -- a mode of marking sheep and other animals, Black's Law Dictionary, 7th Edn....
Approved schools
Approved schools. These schools are schools intended for the education and training of persons to be sent there in pursuance of the Children and Young Persons Act, 1933 (see s. 79(1) and approved by the Secretary of State. They are regulated by ss. 79-83 of that Act. Local authorities may under certain circumstances undertake the purchase, establishment, building, alteration, enlargement, rebuilding or management of an approved school (s. 80). The Secretary of State may classify approved schools as he thinks best calculated to secure that a person sent to an approved school is sent to the school appropriate to his case. With certain exceptions the managers of an approved school are bound to accept any person sent there in pursuance of the Act (s. 81). The expression 'approved school' was first used in the Children and Young Persons Act, 1932, which was declared to apply in relation to a school which at the commencement of this Act is a certified reformatory school or a certified indust...
mandated reporter
mandated reporter : an individual who holds a professional position (as of social worker, physician, teacher, or counselor) that requires him or her to report to the appropriate state agency cases of child abuse that he or she has reasonable cause to suspect ...
pro hac vice
pro hac vice [Latin] : for this occasion [a motion to admit the attorney pro hac vice as counsel of record "Huff v. State, 622 So. 2d 982 (1993)"] used esp. when an out-of-state attorney is allowed to practice in a case without the appropriate state bar license ...
In pursuance of
In pursuance of, 'in pursuance of' would mean under the authority of or by virtue of or in the course of carrying out in accordance with the scheme or plan or direction or order or anything in consequence or conformable to or according to; act of pursuing, carrying out and performance, prosecution, Aircraft Employees' Housing Co-op. Society Ltd. v. Secy. Rural Development and Panchayat Raj, AIR 1996 SC 3501 (3503): (1996) 11 SCC 475. [Land Acquisition Act, (1 of 1984), s. 6(1), Expl. I.]In pursuance of used in a notification do not mean what would be conveyed in exercise of powers conferred by. Thus it may appropriately, in parti-cular case, mean 'conformable to' or in accordance with, Sadaria v. Rajasthan Board of Revenue, 1954 Raj 224 (DB)....
Exchequer, Court of
Exchequer, Court of [fr. eschequier, Nor. Fr.; scaccarium, Low Lat.; a treasure], consisted of two divisions, a Court of Revenue, and a Court of Common Law, having also an equitable jurisdiction, which, except when it sat as a Court of Revenue was transferred to the Court of Chancery by 5 Vict. c. 5. See A.-G. v. Halling, (1846) 15 M&W 687. As a Court of Revenue it ascertained, and enforced by proceedings appropriate to the case, the proprietary rights of the Crown against the subjects of the realm. To proceed against a person in this department of the Court was called to exchequer him. As a Court of Common Law (after having obtained jurisdiction by the fiction of quominus (see QUOMINUS)), it administered redress between subject and subject in all actions whatever, except real action. It was a Court of Record, and its judges were six (formerly five) in number, consisting of one chief and five (formerly four) puisne barons. This Court was made a Division of the High Court of Justice (Ju...
ex-dividend
ex-dividend : without a dividend NOTE: A stock is said to be sold “ex-dividend” when the sale occurs just before the next dividend on the stock is due to be paid, so that the payment date comes after the order to buy is executed but before the stock changes hands. In such cases, the dividend is paid to the seller, and the price of the stock is reduced by an appropriate amount. ...
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