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In Relation To Which - Law Dictionary Search Results

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Appointed day

Appointed day. A day fixed by an Act of Parliament for some purpose of the statute; see, e.g., the Local Government Act, 1894, s. 84; Merchant Shipping Act, 1906, s. 5.In relation to a Tribunal or an Appellate Tribunal, means the date on which such Tribunal is established under sub-s. (1) of s. 3 or, as the case maybe, sub-s. (1) of s. 8. [Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (13 of 1985), s. 2 (c)]In relation to a Tribunal, means the date with effect from which it is established, by notification, under s. 4. [Administrative Tribunals Act, 1985 (13 of 1985), s. 3 (c)]In relation to any provision of this Act, means the day on which that provision comes into force. [Advocates Act, 1961 (25 of 1961), s. 2 (b)]Means the date on which the Corporation is established under s. 3. [Life Insurance Corporation Act, 1956 (31 of 1956), s. 2 (1)]Means the date on which these rules shall come into force. [Supreme Court Rules, 1966, s. 2 (1) (c)]Means the day following i...


In relation to which

In relation to which, the words 'in relation to which' in Article 227(1) of Constitution of India qualify the words 'territories' and not the words 'courts and tribunals', Waryam Singh v. Amarnath, AIR 1954 SC 215 (217): (1954) SCR 565....


Year

Year, means a period commencing on 1st April and ending on 31st March next following. [Rajasthan Public Libraries Act, 2006, s. 2(t)]Means a year commencing on 1st day of April. [Equity Linked Savings Scheme, 2005, s. 2(g)][fr. gear, Sax.], 365 days, twelve calendar months, fifty-two weeks and one day, or in Leap Year (q.v.) 366 days, i.e., fifty-two weeks and two days.The first day of the year was legally altered for England from the 25th of March to 1st of January in and after 1752 by the Calendar (New Style) Act, 1750 (24 Geo. 2, c. 23) (Chitty's Statutes, tit. ' Time '), but as appears from the preamble to that statute, the 1st of January had been the first day of the year in Scotland, in other nations, and by ' common usage throughout the whole kingdom.' See CALENDAR generally, when a statute speaks of a year it must be considered as twelve calendar and not lunar months, Bishop of Peterborough v. Catesby, 1608 Cro Jac 166.For the termination of the statutory year for certain finan...


Defence

Defence [fr. defensio, Lat.], popularly a justification, protection, or guard; in law, a denial by the defendant of the truth or validity of the plaintiff's complaint.In Civil matters, a defence (which is always in writing or printed) is either (1) by statement of defence, which may be a denial of the plaintiff's right, or may be an allegation of a set-off or counterclaim by the defendant which will cover wholly or in part the claim of the plaintiff; or (2) by a statement of defence raising a point of law, so as to show that the facts alleged by the plaintiff do not disclose any cause of action to which effect can be given by the Court; see R.S.C., Ord. XXV., sub-stituted for the old 'demurrer.' See STATEMENT OF DEFENCE DEMURRER.In certain cases, e.g., where the plaintiff's claim is for a liquidated sum only, he may specially indorse his writ, and in such case leave must be obtained to defend (R.S.C. 1883, Ord. III., R. 6; Ord. XIV.).In Criminal matters (which is always by word of mout...


Ownership

Ownership, does not always mean absolute dominion. The more an owner, for his advantage, opens up his property for use by the public in general, the more do his rights become circumscribed by the statutory and constitutional powers of those who use it, Marsh v. Alabama, 326 US 501, 506: 66 S Ct 276, 278 (1946) (Black, J.).Means the collection of rights following one to use and enjoy property. Including the right to convey it to possess a thing, regardless of any actual or constructive control. Ownership rights are general, permanent and inheritable, Black's Law Dictionary, 7th Edn., p. 1131.Means to possess, to have or hold as property, State of Uttar Pradesh v. Renusagar Power Co., (1998) 4 SCC 59: AIR 1988 SC 1737.The ownership has been defined as 'collection of rights to use and enjoy property, including right to transmit it to others. Ownership is de jure recognition of a claim to certain property. Possession is the objective realisation ownership. It is the de facto exercise of a ...


Accounting year

Accounting year, means-(i) in relation to a corporation, the year ending on the day on which the books and accounts of the corporation are to be closed and balanced; (ii) in relation to a company, the period in respect of which any profit and loss account of the company laid before it in annual general meeting is made up, whether that period is a year or not; (iii) in any other case-(a) the year commencing on the 1st day of April; or (b) if the accounts of an establishment maintained by the employer thereof are closed and balanced on any day other than the 31st day of March, then, at the option of the employer, the year ending on the day on which its accounts are so closed and balanced: Provided that an option once exercised by the employer under paragraph (b) of this sub-clause shall not again be exercised except with the previous permission in writing of the prescribed authority and upon such conditions as that authority may think fit. [Payment of Bonus Act, 1965 (21 of 1965), s. 2 (...


Covenanted payments to charity

Covenanted payments to charity, the statutory provisions relating to disposition for a period which cannot exceed six years do not apply in relation to income which is payable as a covenanted payment to charity, Halsbury's Laws of England, Vol. 23, para 1183, p. 1073...


Official secrets

Official secrets. The (English) Official Secrets Act, 1889, was the first Act aimed at the prevention of the disclosure of official secrets. This Act was repealed and re-enacted with amendments by the (English) Official Secrets Act, 1911, which has been amended by the (English) Official Secrets Act, 1920. It is made an offence to spy in a 'prohibited place,' or wrongfully to communicate codes, plans, models, documents, or information relating to such a place, or to munitions of war, or which are used in such a place. There are special provisions as to arrest, the harbouring of spies, and the issue of search warrants. A Secretary of State may require the production of any document relating to a telegram or cable or wireless message. Every person who carries on the business of receiving letters, postal packets, or telegrams for other persons must be registered with the police and keep a record of the letters, etc., passing through his hands, and must not give up a letter, etc., unless a ...


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...


Magna Carta

Magna Carta, [Latin 'great charter'] The English charter that King John granted to the barons in 1215 and Henry III and Edward I later confirmed. It is generally regarded as one of the great common-law documents and as the foundation of constitution liberties. The other three great charters of English Liberty are the Petition of Right (3 Car. (1628)), the Habeas Corpus Act (31 Car. 2 (1679)), and the Bill of Rights (1 Will. SM. (1689)). Also spelled Magna charta, Black's Law Dictionary, 7th Edn., p. 963.This Great Charter is based substantially upon the Saxon Common Law, which flourished in this kingdom until the Normaninvasion consolidated the system of feudality, still the great characteristic of the principles of real property. The barons assembled at St.Edmund's Bury, in Suffolk, in the later part of the year 1214, and there solemnly swore upon the high alter to withdraw their allegiance from the Crown, and openly rebel, unless King John confirmed by a formal charter the ancient li...


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