Initiate - Law Dictionary Search Results
Home Dictionary Name: initiate Page: 2Initially
In an initial or incipient manner or degree at the beginning...
Essentially derived variety
Essentially derived variety, 'essentially derived variety', in respect of a variety (the initial variety) shall be said to be 'essentially derived' from such initial variety when it (i) is predominantly derived from such initial variety, or from a variety that itself is predominantly derived from such initial variety, while retaining the expression of the essential characteristics that result from the genotype or combination or geno types of such initial variety; (ii) is clearly distinguishable from such initial variety, and (iii) conforms (except for the differences which result from the act of derivation) to such initial variety in the expression of the essential characteristics that result from the genotype or combination of genotypes of such initial variety. [Protection of Plants varieties and Farmer's Rights Act, 2001 (53 of 2001), s. 2(i)]...
Civil Law
Civil Law, that rule of action which every particular nation, commonwealth, or city has established peculiarly for itself, more properly distinguished by the name of municipal law.The term 'civil law' is now chiefly applied to that which the Romans complied from the laws of nature and nations.The 'Roman Law'and the 'Civil Law' are convertible phrases, meaning the same system of jurisprudence; it is now frequently denominated 'the Roman Civil Law.'The collections of Roman Civil Law, before its reformation in the sixth century of the Christian era by the eastern Emperor Justinian, were the following:--(1) Leges Regi'. These laws were for the most part promulgated by Romulus, Numa Pompilius and Servius Tullius. To Romulus are ascribed the formation of a constitutional government, and the imposition of a fine, instead of death, for crimes; Numa Pompilius composed the laws relating to religion and divine worship, and abated the rigour of subsisting laws; and Servius Tullius, the sixth king,...
Sajjadanashin (M.T.)
Sajjadanashin (M.T.) means these dervishes pro-fessed esoteric doctrines and distinct system of initiation. They were either Suffis or the disciples of Miyan Roushan Bayezid, who flourished about the time of Akbar and who had founded an indepen-dent esoteric brotherhood in which the chief occupied a peculiarly distinctive position. They called themselves fakirs on the hypothesis that they had abjured the world, and were humble servitors of God: by their followers they were honoured with the title of 'Shah' or King. The preceptor is called the 'Pir', the disciple the 'Murid'. On the death of the 'Pir' his successor assumes the privilege of initiating the disciple into the mysteries of dervishism of Sufism. This privilege of initiation making Murids, of imparting to them spiritual knowledge is one of the functions which the sajjadanashin performs or is supposed to perform. He is the curator of the durgah where his ancestor is buried, and in him is supposed to continue the spiritual line,...
Interlineation
Interlineation, the insertion of any matter in a writ-ten instrument after it is engrossed or executed. A deed may be avoided by interlineation, unless a memorandum be made thereof at the time of the execution or attestation. If there be any inter-lineation or erasure in the jurat of an affidavit, the affidavit cannot be read, unless authenticated by initials of officer, etc., R.S.C. 1883, Ord. XXXVIII., r. 12.Interlineations in a will after execution, except so far as not 'apparent' (as to which see Ffinch v. Combe, 1894, P. 191), must, by s. 21 of the (English) Wills Act, 1837 (7 Wm. 4 & 1 Vict. c. 26), be executed as the Will itself (see WILL), but the signature of the testator and the subscriptions of the witnesses may be by initials. See INITIALS....
Cognizance
Cognizance (Judicial), knowledge upon which a judge is bound to act without having it proved in evidence: as the public statutes of the realm, the ancient history of the realm, the order and course of proceedings in Parliament, the privileges of the House of Commons, the existence of war with a foreign state, the several seals of the King, the Supreme Court and its jurisdiction, and many other things. A judge is not bound to take cognizance of current events, however notorious, nor of the law of other countries. See Roscoe's Evidence at Nisi Prius.Means 'jurisdiction' or 'the exercise jurisdiction' or 'power to try and determine to causes'. In common sense taking notice of, Rakesh Kumar Mishra v. State of Bihar, (2006) 1 SCC 557.Means 'jurisdiction' or the exercise or jurisdiction or power to try and determine causes, K. Kalimuthu v. V. State By DSP, (2005) 4 SCC 512.Means 'taking notice of', S.K. Zutshi v. Bimal Debnath, (2004) 8 SCC 31.Means exercising jurisdiction if it is in respec...
Cancellation
Cancellation, any manner of obliteration and defacement, as of an adhesive stamp in the manner prescribed by s. 8 of the (English) Stamp Act, 1891 (54 & 55 Vict. c. 91), which enacts that-(1) Mode of Cancellation. An instrument, the duty upon which is required or permitted by law [see ss. 22, 34, 49(2), 52(3), 64, 69(3), 78(1), 79(2), 80(2), 85(1), 90, 99, 101(2), 110(1), and 111(2)], to be denoted by an adhesive stamp, is not to be deemed duly stamped with an adhesive stamp, unless the person required by law to cancel the adhesive stamp cancels the same by writing on or across the stamp his name or initials, or the name or initials of his firm, together with the true date of his so writing, or otherwise effectively cancels the stamp and renders the same incapable of being used for any other instrument, or for any postal purpose, or unless it is otherwise proved that the stamp appearing on the instrument was affixed thereto at the proper time.(2) Plurality of Stamps. Where two or more ...
Control
Control, the word 'control' suggests check, restraint or influence. Control is intended to regulate and hold in check a restrain from action, State of Mysore v. Allum Karibasuppa, AIR 1974 SC 1863 (1866). [Karnataka Co-operative Societies Act, (11 of 1959), s. 54]The word 'control' is synonymous with superinten-dentce, management or authority to direct, restrict or regulate. Control is exercised by a superior authority in exercise of its supervisory power, S.V. Co-operative Bank Ltd. v. K. Panduranga, AIR 1972 SC 1248 (1250). [Multi-Unit Co-operative Societies Act, 1942, s. 2(1)]Control, is synonymous with superintendence, management, or authority to direct, restrict or regulate, Regional Provident Fund Commissioner v. Sanatan Dharam Girls Secondry School, 2006 (10) JT 159 [As per Words and Phrases, Vol. 9 Permanent Edn.]Imports the notion of the power to direct what shall be done with the property in question; and the words are intended to provide a clearer concept than 'possession' w...
Publicity pamphlet
A pamphlet which in some States of the United States having the initiative or referendum is mailed to the voters to inform them as to the nature of a measure submitted by the initiative or referendum The pamphlet contains a copy of the proposed law and arguments for and against it by those favoring and opposing it respectively...
Falsely charges
Falsely charges, The expression 'falsely charges' in this section, cannot mean giving false evidence as a prosecution witness against an accused person during the course of a criminal trail. 'To falsely charge' must refer to the criminal or initial accusation putting or seeking to put in motion the machinery of criminal investigation and not when seeking to prove the false charge by making deposition in support of the charge framed in that trial. The words 'falsely charges' have to be read along with the expression 'institution of criminal proceeding'. Both these expressions, being susceptible of analogous meaning should be understood to have been used in their content sense. They get as it were their colour and content from each other. They seems to have been used in a technical sense as commonly understood in our criminal law. The false charge must, therefore be made initially to a person in authority or to someone who is in a position to get offender punished by appropriate proceedi...
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