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Home Dictionary Name: individual cases Page: 3King's Counsel
King's Counsel, barristers appointed counsel to the Crown, and called within the Bar. They answer in some measure to the advocates of the revenue, advocati fisci, among the Romans. They must not be employed against the Crown without special licence, which is not refused unless the Crown desires to be represented by the individual in the case. Each King's Counsel had a small salary, but it is not so now. Under 13 & 14 Vict. c. 25 (repealed by (English) Stat. Law Rev. Act, 1875), they might act as judges of assize when named in the commission, and may, and often do, act as such judges, as being 'persons usually named in the commission' under s. 29 of the (English) Jud. Act, 1873, and being expressly authorised so to be named by s. 37 of that Act. See now (English) Judicature Act, 1925, s. 70; see ADVOCATES, FACULTY OF....
citizenship
citizenship 1 : the status of being a citizen 2 : the quality of an individual's behavior as a citizen 3 : domicile used esp. in federal diversity cases see also diversity jurisdiction at jurisdiction ...
joint administration
joint administration A court-approved mechanism under which two or more cases can be administered together. (Assuming no conflicts of interest, these separate businesses or individuals can pool their resources, hire the same professionals, etc.) Source: Administrative Office of the U.S. Courts ...
prejudice
prejudice [Old French, from Latin praejudicium previous judgment, damage, from prae- before + judicium judgment] 1 : injury or detriment to one's legal rights or claims (as from the action of another): as a : substantial impairment of a defendant's ability to defend [the court found no to the defendant by the lengthy delay in bringing charges] b : tendency for a decision on an improper basis (as past conduct) by a trier of fact [whether an ex parte communication to a deliberating jury resulted in any reasonable possibility of to the defendant "National Law Journal"] c : implied waiver of rights and privileges not explicitly retained [District Court erred in attaching to prisoner's complaint for injunctive relief "National Law Journal"] 2 : a final and binding decision (as an adjudication on the merits) that bars further prosecution of the same cause of action or motion [dismisses this case with ] [the dismissal was without ] 3 a : an irrational attitude of hostility directed a...
Homodemic
A morphological term signifying development in the case of multicellular organisms from the same unit deme or unit of the inferior orders of individuality...
Capital
Capital [fr. Capitalis; caput, Lat.]. The corpus of property of any description which may or may not be the source of a periodical or other return (fructus, produce or income). The word 'capital' when employed in Company Law is used in different senses. Nominal capital is the capital of a company so stated for the purposes of division into shares. It implies nothing more than that the company is possessed of money or assets of a stated value at the company's own valuation which may be, and often is, exaggerated or illusory. Working capital means the amount employable for the purposes of a company or any other undertaking or business. See ALTERATION OF CAPITAL, COMPANY, PROSPECTUS, DIRECTORS. In the Settled Land Act, 1925, capital money arising under the Act means capital money arising under the powers or provisions of that Act or Acts which it replaces, receivable for the purposes of a settlement and includes securities representing capital money. Elaborate provisions are contained in ...
Contract for work or service contract for sale of goods
Contract for work or service contract for sale of goods, the primary difference between a 'contract for work or service' and a 'contract for sale of goods' is that in the former there is in the person performing work or rendering service no property in the thing produced as a whole notwithstanding that a part or even the whole of the materials used by him may have been his property. In the case of a contract for sale, the thing produced as a whole has individual existence as the sole property of the party who produced it, at some time before delivery, and the property therein passes only under the contract relating thereto in goods used in the performance of the contract is not sufficient: to constitute a sale there must be an agreement express or implied relating to the sale of goods and completion of the agreement by passing of title in the very goods contracted to be sold. C.S.T. v. Purshottam Premji, (1970) 2 SCC 287 (290)...
Folc-land
Folc-land, the land of the folk or people. It was the property of the community. It might be occupied in common or possessed in severalty: and in the latter case, it was probably parcelled out to individuals in the fole-gemot or Court of the district: and the grant sanctioned by the freemen there present. But while it continued to be folc-land it could not be alienated in perpetuity; and therefore, on the expiration of the term for which it had been granted, it reverted to the community, and was again distributed by the same authority. Spelman describes folc-land as terra popularis qu' jure communi possidetur-sine scripto (Gloss. Voce Folc-land). In another placehe distinguishes it accurately from bocland: Pr'dia Saxones duplici titulo possidebant: vel scripti auctoritate, quod bocland vocabant, vel populi testimonio, quod folcland dixere (ibid. voce Bocland).Folc-land was subject to many burthens and exactions from which bocland was exempt. The possessors of folc-land were bound to as...
Reasonable restriction
Reasonable restriction, the expression 'reasonable restriction' signifies that the limitation imposed on a person in enjoyment of the right should not be arbitrary or of an excessive nature, beyond what is required in the interests of the public. The test of reasonableness, wherever prescribed, should be applied to each individual statute impugned, and no abstract standard, or general pattern of reasonableness can be laid down as applicable in all cases. The restriction which arbitrarily or excessively invades the right cannot be said to contain the quality of reasonableness and unless it strikes a proper balance between the freedom guaranteed in art. 19(1)(g) and the social control permitted by cl. (6) of art. 19, it must be held to be wanting in that quality, Bishamber Dayal Chandra Mohan v. State of Uttar Pradesh, AIR 1982 SC 33 (35): (1982) 1 SCC 39: (1982) 1 SCR 1137.The expression 'reasonable restrictions' signifies that the limitation imposed on a person in enjoyment of that rig...
Scandalising
Scandalising, Scandalising might manifest itself in various ways but, in substance, it is an attack on individual Judges or the Court as a whole with or without reference to particular cases casting unwarranted and defamatory aspersions upon the character or ability of the Judges. Such conduct is punished as contempt for this reason that it tends to create distrust in their popular mind and impair confidence of people in the Courts which are of prime importance to the litigants in the protection of their rights and liberties, Brahma Prakash Sharma v. State of Uttar Pradesh, AIR 1954 SC 10: 1953 SCR 1169....
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