In Law - Law Dictionary Search Results
Home Dictionary Name: in law Page: 3Maritime law
Maritime law, the law relating to harbours, ships, and seamen. An important branch of the commercial law of maritime nations; divided into a variety of departments, such as those about harbours, property of ships, duties and rights of masters and seamen, contracts of affreightment, average salvage, etc. No system or code of maritime law has ever been issued by authority in Great Britain. The laws and practices that now obtain amongst us have been founded on the practice of merchants, the principles of the Civil Law, the laws of Oleron and Wisby the works of juris-consults, the judicial decisions of our own and foreign countries, etc. though still susceptible of amendment, our system corresponds more nearly than any other system of maritime law with those universally recognised principles of justice and general convenience on which merchants and navigators should act.The decisions of Lord Mansfield did much to fix the principles and to improve and perfect the maritime law of England. It...
Law in force and existing law
Law in force and existing law, there is hardly any material difference between 'an existing law' and 'a law in force'. Quite apart from Article 366(10) of the Constitution, the expression 'Indian law' has itself been defined in s. 3(29) of the General Clauses Act as meaning any Act, Ordinance, regulation, rule, order, or bye-law which before the commencement of the Constitution had the force of law in any province of India or part thereof. The words 'law in force' as used in Article 372 are wide enough to include not merely a legislative enactment but also any regulation or order which has the force of law, Edward Mills v. State of Ajmer, AIR 1955 SC 25 (31): (1955) 1 SCR 735. [Constitution of India, Articles 372 & 366(10)]...
Colonial Laws (English)
Colonial Laws (English). The validity of laws passed by colonial legislature is established by the Statute of Westminster, 1931, which enacts, subject to the provisions of the Act, that the Colonial Laws Validity Act, 1865, shall not apply to any law made after December 11th, 1931, by the Parliament of a Dominion. Also that no law made by the Parliament of a Dominion be void on the ground that it is repugnant to the law of England. The Colonial Laws Validity Act, 1865 (28 & 29 Vict. c. 63) enacts that no colonial law shall be void for repugnancy to the law of England, unless it be repugnant to the provisions of some Act of Parliament extending to the colony, or to any Order made under authority of such Act, or having in the colony the force and effect of such Act. In the case of such repugnancy the colonial law shall be void to the extent thereof and not otherwise. By the same Act all colonial legislatures are empowered to establish courts of judicature, and to abolish and reconstitute...
Existing law and law in force
Existing law and law in force, there is material difference between 'an existing law' and a 'law in force'. Apart from Article 366(10) of the Constitution, the expression 'Indian law' has itself been defined in s. 3(29) of the General Clauses Act, as meaning any Act, ordinance, regulation, rule, order, or bye-law which before the commencement of the Constitution had the force of law in any province of India or part thereof. The words 'law in force' as used in Article 372 are wide enough to include not merely a legislative enactment but also any regulation or order which has the force of law, Edward Mills Co. Ltd. v. State of Ajmer, AIR 1955 SC 25: (1955) 1 SCR 735. [Constitution of India, Arts. 366(10) and 372]...
Law and order and public order
Law and order and public order, the acts which affect 'law and order' are not different from the acts which affect 'public order'. Indeed, a state of peace or orderly tranquillity which prevails as a result of the observance or enforcement of internal laws and regulations by the government, is a feature common to the concepts of 'law and order' and 'public order', Ram Ranjan Chatterjee v. State of West Bengal, (1975) 4 SCC 143: AIR 1975 SC 609 (611).The true distinction between the areas of law and order and public order lies not merely in the nature or quality of the act, but in the degree and extent of its reach upon society. Acts similar in nature, but committed in different contexts and circumstances, might cause different reactions. In one case it might affect specific individuals only, and therefore, touches the problem of law and order only, while in another it might affect public order, Amiya Kumar Karmakar v. State of West Bengal, (1972) 2 SCC 672: AIR 1972 SC 2259 (2260).The ...
Canon law
Canon law. When Christian communities formed themselves into congregations ('kklhoiai), certain resolutions were agreed upon for their government; these were termed rules kavoves, forma, disciplina); and the phrases canonica sanctio, lex canonica, and canonum jura, were not introduced until the ninth century, nor the phrase jus canonicum until the canon law began in the twelfth century to be treated as a science. The canon law, properly so called, denotes the ecclesiastical law, sanctioned by the Church of Rome. It borrows from the Roman Law many of its principles and rules of proceeding, though not servilely, nor without such variations as the independence of its tribunals and the different nature of its authorities might be expected to produce, See Hall. Lit. Hist.The canons made in England in 1603, and revised in 1866, are binding on the clergy only, see per Lord Hardwicke in Middleton v. Croft, (1737) 2 Str 1056, some of them being very archaic, as canon 72, by which it is unlawful...
Law Reports
Law Reports. Reports of judgments of courts on points of law, published for the purpose of being used as precedents (see (REPORTS). Prior to 1865, these reports were all executed and published as mere private speculations, one reporter or pair of reporters being usually, though not always, accredited by the chief judge of each Court. For an account of these reporters and their works, see Handbook of English Law Reports, by Master Fox. In 1865 'The Incorporated Council of Law Reporting for England and Wales' began to publish monthly the reports called The Law Reports. These, though perhaps the best known, have no monopoly-for contemporaneous monthly reports are published under the name of The Law Journal, and contemporaneous weekly reports under the names of The Law Times Reports, The Solicitors' Journal and Weekly Reporter and All England Reports, and The Times Law Reports. All reports made by members of the Bar and published on their responsibility may be cited in argument. For abbrev...
Conflict of laws
Conflict of laws. In the case where a suit is brought in one country, and the parties, or one of them (or the subject-matter of the suit), belongs more or less to another, and the laws of the two countries upon the subject are at variance, there is said to be a conflict of laws. See LEX LOCI CONTRACTUS; and also the case of Simonin v. Mallac, (1860) 29 LJ Prob & Mat 97, where the marriage of two French persons who came to England for the express purpose of celebrating a marriage which would have been void if celebrated in their own country was declared valid. 'Either nation may refuse to surrender its laws to those of the other, and if either is guilty of any breach of the comitas or jus gentium, that reproach shall attach to the nation whose laws are least calculated to ensure the common benefit and advantage of all.' See Dicey's or Story's Conflict of Laws; Chitty on Contracts, citing Kaufman v. Gerson, (1904) 1 KB 591. See RENVOI and Halsbury, Laws of England, Hailsham ed., title Co...
Equality before law and equal protection of laws
Equality before law and equal protection of laws, Article 14 of the Constitution enjoins upon the State not to deny to any person 'Equality before law' or the 'equal protection of laws' within the territory of India, the two expressions do not mean the same thing even if there may be much in common. The word 'law in the former expression is used in a generic sense, a philosophical sense- whereas the word 'laws' in the latter expression denotes specific laws in force, Srinivaso Theatre v. Govt. of Tamil Nadu, AIR 1992 SC 999 (1004): (1992) 2 SCC 643. (Constitution of India, Art. 14)...
Law in force
Law in force, a law cannot be said to be in force unless it is brought into operation by legislative enactment, or by the exercise of authority by a delegate empowered to bring it into operation. The theory of a statute being in operation in a constitutional sense though it is not in fact in operation has, no validity, State of Orissa v. Chandra Shekhar Singh Bhoi, (1969) 2 SCC 334: AIR 1970 SC 398 (401). [Constitution of India, Art. 13]--the words 'law in force' as used in article 372 of the Constitution are wide enough to include not merely a legislative enactment but also any regulation or order which has the force of law. Edward Mills Co. Ltd. V State of Ajmer, AIR 1955 SC 25 (31): (1955) 1 SCR 735. [Constitution of India, Art. 372]Sales tax could not be charged on pure silken fabrics by the said State Government on Oct. 31, 1966 merely by virtue of the notification dated Aug. 24, 1966. It was, therefore, not a law in force when the composite State was re-organised. S. 88 of the Pu...
- << Prev.
- Next >>