In Any Such Case - Law Dictionary Search Results
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In any such case, The opening words of sub-s. (3) of s. 137, viz., 'In any such case' make it clear that its concessional provisions apply only to the immediately preceding clause, namely, s. 137(2), Anant Mills Co. Ltd. v. State of Gujarat, AIR 1975 SC 1234: (1975) 2 SCC 175: (1975) 3 SCR 220....
Criminal Appeal Act, 1907 (English)
Criminal Appeal Act, 1907 (English) (7 Edw. 7, c. 23), came into force on the 19th April, 1908. For a great number of years the merits and demerits of criminal appeal have been discussed in this country.In 1844 Sir Fitzroy Kelly, in a remarkable speech in the House of Commons, advocated criminal appeal, the claim to which has also been recognized by Starkie, Sir John Holker, and Chief Baron Pollock; and even Blackstone,with whom, as Mr. Lecky has observed, admiration of our national jurisprudence was almost a foible, passed some severe criticisms on the stateof the criminal law of his day. In more recent times Lord James of Hereford (then Sir Henry James) introduced a criminal appeal bill into the House of Commons,which was supported by Lord Russell of Killowen (then Sir Charles Russell). And in 1889 Lord Fitzgerald, when introducing a measure into the House of Lords, said that the absene of any provision for rectifying errors andmistakes in criminal cases constituted a blot upon the c...
Poaching
Poaching, taking name by trespass. Also taking fish, e.g., salmon and trout by illegal methods (see infra).Trespassing in the daytime in pursuit of 'game'--i.e., hares, pheasants, partridges, grouse, heath or moor game, black game, or bustards--or woodcock, snipe, quails, landrail, or rabbits, is punishable summarily by fine up to 2l., and in case of a trespass by five or more, up to 5l.; the leave of the occupier being no defence if the landlord or other person have by reservation the right to kill the game. [See (English) GAME ACT, 1831, ss. 2, 30]Unlawfully taking in the night, i.e., between the expiration of the first hour after sunset and the commencement of the first hour before sunrise, 'game,' as above defined, is punishable summarily by imprisonment with hard labour; and any persons, to the number of three or more, by night unlawfully entering lands, for the purpose of taking or destroying any 'game,' as above defined, or rabbits (any of them being armed with any gun or other ...
Decree nisi
Decree nisi. By the (English) Judicature Act,1925, s. 183(1) every decree for a divorce or for nullity of marriage shall, in the first instance, be a decree nisi not to be made absolute until after the expiration of six months from the pronouncing thereof, unless the Court by general or special order from time to time fixes a shorter time.(2) After the pronouncing of the decree nisi and before the decree is made absolute, any person may, in the prescribed manner, show cause why the decree should not be made absolute by reason of the decree having been obtained by collusion or by reason of material not having been brought before the Court, and in any such case the Court may make the decree absolute, reverse the decree nisi, require further inquiry or otherwise deal with the case as the Court thinks fit. Only in special circumstances will the period be shortened. See Osburne v. Osburne, (1926) 70 Sol Jo 388. See Browne on Divorce; Chitty's Statutes, tit. 'Matrimonial Causes.'...
Salary or wages
Salary or wages, means all remuneration (other than remuneration in respect of over-time work) capable of being expressed in terms of money, which would, if the terms of employment, express or implied, were fulfilled, be payable to an employee in respect of his employment or of work done in such employment and includes dearness allowance (that is to say, all cash payments, by whatever name called, paid to an employee on account of a rise in the cost of living), but does not include--(i) any other allowance which the employee is for the time being entitled to;(ii) the value of any house accommodation or of supply of light, water, medical attendance or other amenity or of any service or of any concessional supply of foodgrains or other articles.(iii) any travelling concession;(iv) any bonus (including incentive, production and attendance bonus);(v) any contribution paid or payable by the employer to any pension fund or provident fund or for the benefit of the employee under any law for t...
Copyhold
Copyhold. Tenure in copyhold has been abolished under the (English) L.P. Acts, 1922 and 1925, and the Amending Acts of 1924 and 1926, but the greater part of the former title on this subject has been retained verbatim in view of the importance of the subject in examining titles. In the previous edition of this work, copyhold was described as a base tenure founded upon immemorial custom and usage; its origin is undiscoverable, but it is said to be the ancient villeinage modified and changed by the commutation of base services into specified rents, either in money or money's worth.A copyhold estate is a parcel of the demesnes of a manor held at the lord's will, and according to the custom of such manor. The tenant may have the same quantities of interest in this tenure as he may enjoy in freeholds, as an estate in fee-simple or (by particular custom) fee-tail, or for life, and he may have only a chattel interest of an estate for years in it. By the custom of some manors, the estate devol...
Turnover of purchases
Turnover of purchases, in relation to any period, means:(a) in the case of the occupier of a jute-mill, the aggregate of the purchase prices or parts of purchase prices payable by such occupier for the quantities of raw jute purchased by him during such period after deducting the amounts, if any, refunded to him by the seller during such period in respect of any quantity of raw jute returned to the seller within ninety days from the date of its purchase and such other amounts as may be prescribed.(b) in the case of a shipper of jute, the aggregate of the purchase price or parts of purchase price payable by such shipper of jute in respect of the quantities of raw jute purchase by him in West Bengal and dispatched by him during such period to any place outside West Bengal by any means of transit.(c) in case of any dealer liable to pay tax under s. 12 or s. 13, the aggregate of the purchase price or parts of purchase price payable by such dealer in respect of the goods, prescribed under t...
Settled land
Settled land. For the purposes of the (English) Settled Land Acts, 1882-1890, 'settled land' meant land, and any estate and interest therein, which was the subject of a settlement; and 'settlement' meant any instrument, or any number of instruments, under which any land, or any estate or interest in land, 'stands for the time being limited to or in trust for any persons by way of succession' (Settled Land Act, 1882, s. 2) (see infra for the statutory definitions in the Settled Land Act, 1925, which has repealed the S.L. Acts, 1882-1890). Where the settlement consists of more instruments than one it is commonly called a 'compound settlement,' though this term is not defined in the Acts themselves; as to compound settlements, see Re Du Cane & Nettlefold, (1898) 2 Ch 96; Re Munday & Roper, (1899) 1Ch 275; Re Lord Wimborne & Browne (1904) 1 Ch 537; Wolstenholme & Cherry, Conveyancing, etc., Acts.Prior to 1856 settled estates could not be sold or leased except under the authority of some po...
Copyright
Copyright, an incorporeal right, being the exclusive privilege of printing, reprinting, selling, and publishing is own original work which the statute law first gave to an author in 1709, by 8 Anne, c. 19, for the term of fourteen years. Whether the right exited at Common Law is a long-vexed and still undetermined question. See Jeffries v. Boosey, (1854) 4 HLC 815. There is no copyright in an illegal or immoral publication, Southey v. Sherwood, (1817) 2 Mer 435; Stockdale v. Onwhyn, (1826) 5 B&C 173.The law of copyright now depends mainly on the (English) Copyright Act,1911 (1 & 2 Geo. 5, c. 46) (July 1, 1912), and 'no person shall be entitled to copyright or any similar right in any literary dramatic, musical, or artistic work, whether published or unpublished, otherwise than under and in accordance with the provisions of this Act, or of any other statutory enactment for the time being in force' (s. 31).By sub-s. 2 of s. 1 of this Act 'copyright' is thus defined:--For the purposes of ...
Inheritance
Inheritance, or hereditary succession, is the title whereby a man, on the death of his ancestor, acquires his estate by right of representation as his heir t law.The 'canons of inheritance' are the rules directing the descent of real property throughout the lineal and collateral consanguinity of the owner dying intestate.These rules have been abolished in the case of deaths after January 1st, 1926, with a few exceptions (see HEIR), by the (English) Administration of Estates Act, 1925, s. 51, but they still affect the devolution before 1926 of all titles to estates of inheritance.Inheritance Act.--The Inheritance Act, 1833 (3 & 4 Wm. 4, c. 106), materially altered the old canons of real property descent, but because the Act does not extend to any descent which took place on the death of any person who died before the 1st of January, 1834, it is deemed expedient to give both old and new:-Old Canons.--The old Canons, which obtain in cases of ancestors dying before the 1st of January, 1834...
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