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Initiation - Law Dictionary Search Results

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Initiative

Serving to initiate inceptive initiatory introductory preliminary...


Initiate

To do the first act to perform the first rite to take the initiative...


Initially

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)]...


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...


Talab

Talab, the principle of talab in Muhammadan Law has three specific facets: the first being talab-e-muwathaba: Talab in common parlance means and implies a demand and talab-e-muwathaba literally means the demand of jumping. The idea is of a person jumping from his seat, as though startled by news of the sale (See in this context Wilson on Mohammadan Law). In Talab-emuwathaba the pre-emptor must assert his claim immediately on hearing of sale though not before and law stands well settled that any unreasonable delay will be construed as an election not to pre-empt. The second, being popularly known as the Second Demand, isalab-e-ishhad, which literally speaking mean and imply the demand which stands witnessed. The second demand thus must be in reference to the first demand and it is so done in the presence of two witnesses and also in the presence of either the vendor (if he is in possession) or the purchaser and the Third Demand though not strictly a demand but comes within the purview o...


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,...


Entertain

Entertain, means 'file or received by the High Court' and it has no reference to the actual hearing of the application for leave to appeal; otherwise the result would be that in many cases applications for leave to appeal would be barred because the applications have not been put up for hearing before the High Court within 60 days of the order of acquittal, Lala Ram v. Hari Ram, (1969) 3 SCC 173: AIR 1970 SC 1093: (1970) 2 SCR 898.The expression 'entertain' in proviso to cl. (b) of Or. 21, r. 90,Civil Procedure Code,1908 means 'adjudicate upon' or 'proceed to consider on merits' and not 'initiation of proceeding', Hindusthan Commercial Bank Ltd. v. Punnu Sahu (1971) 3 SCC 124: AIR 1970 SC 1384. [Civil Procedure Code, 1908 (As amended by Allahabad High Court) O. 21, R. 90]Means shall not admit to consideration, Nanu Vasudevan v. Kalikarthiayaniamma, AIR 1991 Ker 233.Meaning 'institute' , Martin & Harris Ltd. v. VIth Additional Distt. Judge, (1998) 1 SCC 732.Means 'to adjudicate upon' or...


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,...


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....



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