In An Appropriate Case - Law Dictionary Search Results
Home Dictionary Name: in an appropriate case Page: 5Light
Light. No right to have the access of the sun's rays to one's windows free from any obstruction exists at Common Law (see DAMNUM ABSQUE INJURIA) but by virtue of the (English) Prescription Act, 1832 (2 & 3 Wm. 4, c. 71), uninterrupted enjoyment of light for twenty years--commonly called 'ancient lights' --constitutes in every case an absolute and indefeasible right to it, unless the enjoyment took place under some deed or written consent or agreement, Hyman v. Van Den Bergh, (1908) 1 Ch 167. See PRESCRIPTION.The Prescription Act has not altered the previous law as to ancient lights, Colls v. Home and Colonial Stores, 1904 AC 179. And the right is to uninterrupted access of such light only as is ordinarily required for ordinary purposes and not to light peculiarly appropriate to the particular purpose for which the light has been used [ibid., overruling Warren v. Brown, (1900) 2 QB 722], and see also Price v. Hildich, (1930) 1 Ch 500.If two tenements belong to a common landlord, the rig...
Temple
Temple, is as 'an edifice or place regarded primarily as the dwelling place or 'house' of a deity; hence an edifice devoted to divine worship. Historically, the word is applied to sacred buildings of Egyptians, Greeks, Romans, etc., but now to those of Hindu-ism, Buddhism, Confucianism, Taoism, Shintoism, etc.' The essence of the matter is the existence of a place of public religious worship. In the case of a temple, it becomes a place of public religious worship when the idol is installed and consecrated and the pranaprathishta or vivification ceremony is performed. 'Until then, it is elementary knowledge that the image does not become an object of worship. The deity does not begin to reside in the Idol (the visible image) until the consecration or the appropriate ceremony is completed, T.V.D. Naidu v. Commissioner, Hindu Religious and Charitable Endowments (Administration) Department, Madras, AIR 1989 Mad 60. (See also New English Dictionary, Vol. IX, Part II)Means a place, by whatev...
Reserve and provision
Reserve and provision, the expression 'reserve' has not been defined in the Act and therefore one would be inclined to resort to its ordinary natural meaning as given in the dictionary but it seems to us that the dictionary meaning, though useful in itself, may not be sufficient, for, the dictionaries do not make any distinction between the two concepts 'reserve' and 'provision' which giving their primary meanings, whereas in the context of the legislation with which we are concerned in the case a clear distinction between the two is implied. According to the dictionaries (both Oxford and Webster) the applicable primary meaning of the word 'reserve' is: 'to keep for future use or enjoyment; to set apart for some propose or end in view; to keep in store for future or special use; to keep in reserve', while 'provision' according to Webster means: 'something provided for future'. In other words according to the dictionary meanings both the words are more or less synonymous and connote the...
Profit a prendre
Profit a prendre, ' right for a man, in respect of his tenement, to take some profit out of the tenement of another man. Except in the case of a copyholder no claim of a profit ' prendre in alieno solo can be made by custom, nor can it be claimed by a fluctuating body such as the inhabitants of a place (Williams on Rights of Common, p. 194). See LAMMAS LANDS. A prescription in a que estate for a profit a prendre in alieno solo without stint and for commercial purposes is unknown to the law, Harris v. Chesterfield (Earl), 1911 AC 623. As to a demise of a profit a prendre, see Radcliff v. Hayes, (1907) 1 Ir R 101. A profit a prendre in gross is a right of property which may be dealt with and transferred in the manner appropriate to the right, Welcome v. Upton, (1840) 6 M&W 536. Consult Gale on Easements, and Hall on Profits a Prende....
Persecution
Persecution, implies a failure by the State to make protection available against the ill-treatment or violence which the person suffers at the hands of his persecutors, Horvath v. Home Secretary [HL(E)], (2000) 3 WLR 379.Persecution, is most appropriately defined as the sustained or systemic failure of State protection in relation to one of the core entitlements which has been recognised by the international community, Law of Refugee Status (1991), p. 112.Persecution, is normally related to action by the authorities of a country. It may also emanate from sections of the population that do not respect the standards established by the laws of the country concerned. A case in point may be religious intolerance, amounting to persecution, in a country otherwise secular, but where sizable fractions of the population do not respect the religious beliefs of their neighbours. Where serious discriminatory or other offensive acts are committed by the local populace, they can be considered as pers...
Pandect', or Digesta
Pandect', or Digesta. In the last month of the year AD 530, Justinian, by a constitution addressed to Tribonian, empowered him to name a commission for the purpose of forming a code out of the writings of those jurists who had enjoyed the Jus respondendi, or, as it is expressed by the emperor, 'antiquorum prudentium quibus auctoritatem conscribendarum interpretandarumque legum sacratissimi principes pr'buerunt.' The compilation, however, comprises extracts from some writers of the republican period, Const. Deo Auctore. Ten years were allowed for the completion of the work. The instructions of the emperor were, to select what was useful, to omit what was antiquated or superfluous, to avoid unnecessary repetitions, to get rid of contradictions, and to make such other changes as should produce out of the mass of ancient juristical writings a useful and complete body of law (jus Antiquum);--the work was to be named Digesta, a Latin term indicating an arrangement of materials; or Pandect', ...
Married women's property
Married women's property, At Common Law, a woman, by marrying, transferred the ownership of all her property, real and personal, present and future, to her husband absolutely, so that he might sell, pay his debts out of, give away, or dispose by will of it as he pleased, with these exceptions and modifications:-1) Her freehold estate became his to manage and take the profits of during the joint lives only. After his death, leaving her surviving, it passed to her absolutely; after her death, leaving him surviving, provided that it was an estate in possession and issue who could in her it had been born during the marriage, it passed to him as 'tenant by the curtesy (q.v.) of England,' during his life, and after his death to her heir-at-law.(2) Her leasehold estate, her personal estate in expectancy, and the debts owing to her and other 'choses in action,' became his absolutely if he did some act to appropriate or reduce them into possession during the marriage, or if he survived her. If ...
Bad faith
Bad faith, is the opposite of good faith, generally implying or involving, but not limited so, actual or constructive fraud, or a design to mislead or deceive another, or any other sinister motive. Conceptually bad faith can be understood as a 'dishonest intention', Harrison v. Telon Valley Trading Co. Ltd., (2004) 1 WLR 2577.Bad faith, is more appropriate to a consideration of commercial dealings and should not routinely be introduced into a criminal trial because it might confuse to jury and deflect them from their task of deciding whether the public office had been abused by the conduct of office holder, although there might be cases in which the concept of bad faith might be relevant to an assessment of the standard of the defendant's conduct, Attorney-General's Ref. No. 3 of 2003, (2005) LR 73 (QB): (2004) EWCA Crim 868....
Larceny
Larceny [fr. larcin, Fr.; latrocinium, Lat.], contracted from latrociny, the unlawful taking and carrying away of things personal, with intent to deprive the rightful owner of the same. Larceny is a felony, and is either simple or accompanied with circumstances of aggravation:(1) Simple larceny at Common Law, or plain theft. To constitute the offence there must be an unlawful taking, which implies that the goods must pass from the possession of a true owner (including one who has a qualified property only in the goods, as a bailee), and without his consent; where there is, then, no change of possession, or a change of it by consent, or a change from the possession of a person without title to that of the true owner, there cannot be a larceny. As to the difference between property parted with by the owner of his own free will, however fradulently influenced, in other words, between property 'entrusted' and 'possession by a trick,' see Oppenheimer v. Frazer, (1907) 2 KB 50, and Lake v. S...
Fire
Fire. No action for damages lies against any person in whose house, etc., a fire shall accidentally begin: Fires Prevention (Metropolis) Act, 1774 (14 Geo. 3, c. 78), s. 86, which s. and s. 83 are the only unrepealed sections of the Act.To discharge or dismiss a person from employment; to terminate as employee. Black's Law Dictionary, 7th Edn.Fire Engines.--The maintenance of fire engines in urban sanitary districts is provided for by the Public Health Act, 1875, s. 171, which incorporates ss. 30-33 of the (English) Town Police Clauses Act, 1847, in the (English) Metropolis by the Fire Brigade Act, 1865, and in parishes by the (English) Parish Fire Engines Act, 1898 (61 & 62 Vict. c. 38), and the Acts therein recited.By s. 90 of the (English) Public Health Amendment Act, 1907, local authorities can agree for the common use of fire engines and appliances; ss. 87-89 of the same Act give the police certain powers of breaking into premises and regulating traffic upon the out break of a fir...
- << Prev.
- Next >>