Insistently - Law Dictionary Search Results
Home Dictionary Name: insistently Page: 2Obscene
Obscene, means if there be no abstract definition ........ Should not the word 'obscene' be allowed to indicate the present critical point in the compromise between candor and shame at which the community may have arrived here and now, United States v. Kennerley, 209 F 119 (121) (S.D.N.Y. 1913).Obscene, the Indian Penal Code borrowed the word from the English Statute. The Common law offence of obscenity was established in England three hundred years ago when Sir Charles Sedley exposed his person to the public gaze on the balcony of a tavern. Obscenity in books, however, was punishable only before the spiritual courts because it was so held down to 1708 in which year Queen v. Read, 11 Mod 205 QB, was decided, In 1727 in the case against one Curl it was ruled for the first time that it was a Common Law offence, Ranjit D. Udeshi v. State of Maharashtra, AIR 1965 SC 881 (887): (1965) 1 SCR 65. (Indian Penal Code, s. 292)The concept of obscenity would differ from country to country dependin...
Just and equitable
Just and equitable, are a recognition of the fact that a limited company is more than a mere legal entity with a personality in law of its own: that there is room in company law for recognition of the fact that behind it, or amongst it, there are individuals, with rights, expectation and obligation inter se which are not necessarily submerged in the company structure. A. Company H.L.(E) (in re:), (1999) 1 WLR 1092.Just and equitable, the principle of 'just and equitable' clause baffles a precise definition. It must rest with the judicial discretion of the court depending upon the facts and circumstances of each case. These are necessarily equitable considerations and may, in a given case, be super imposed on law. Whether it would be so done in a particular case cannot be put in the straitjacket of an inflexible formula, Hind Overseas Private Limited v. Raghunath Prasad Jhunljunwalla, AIR 1976 SC 565 (574): (1976) 3 SCC 259: (1976) 2 SCR 226.The words 'just and equitable' which occur in...
House of Commons
House of Commons, one of the constituent parts of Parliament, being the assembly of knights of shires, or the representatives of counties; citizens, or the representatives of cities; and burgesses, or the representatives of boroughs.The lowest chamber of British and Canadian Parlia-ment, Black's Law Dictionary, 7th Edn., p. 744.Property Qualification.--The property qualification of members, which was by 1 & 2 Vict. c. 48, amending 9 Anne, c. 5, by allowing personal property to count fixed at 600l. a year for a county, and 300l. a year for a borough member, was abolished in 1858 by 21 & 22 Vict. c. 26.Payment of Members.--Members were from very early times entitled to payment at the rate of 4s. a day for county, and 2s. a day for borough members, payable by their constituents. This has never been abolished, and is recognized by the unrepeated 6 Hen. 8, c. 16, by which members may not depart from Parliament without licence from the Speaker on pain of losing their 'wages,' though 35 Hen. ...
Equity
Equity [fr. 'quitas, Lat.] There is some confusion as to the meaning of Equity; as a scheme of jurispru-dence distinct from Law 'Equity' is an equivocal term; the difficulty lies in drawing the dividing lines between the several senses in which it is used. They may be distinguished thus:-(1) Taken broadly and philosophically, Equity means to do to all men as we would they should do unto us-by the Justinian Pandects, honeste vivere, alterum non l'dere, suum cuique tribuere. It is clear that human tribunals cannot cope with so wide a range or duties.(2) Taken in a less universal sense, Equity is used in contradistinction to strict law. This is Moral Equity, which should be the genius of every kind of human jurisprudence; since it expounds and limits the language of the positive laws, and construes them not according to their strict letter, but rather in their reasonable and benignant spirit.Aristotle, in his discussion concerning Moral Equity, Ethics Eud., b.v., c. x, calls it the correc...
Forfeiture
Forfeiture, a penalty for an offence or unlawful act, or for some wilful omission of a tenant of property whereby he loses it, together with his title, which devolves upon others.Forfeiture resulted from the following circumstan-ces:--(1) Treason, misprision of treason, felony, murder, self-murder, pr'munire, and striking or threatening a judge. But the (English) Forfeiture Act, 1870 (33 & 34 Vict. c. 23), enacted that no conviction, etc., for treason or felony, or felo de se, shall cause any forfeiture except as consequent on outlawry. The Act also makes provision for the appointment by the Crown of administrators of the property of convicts.(2) Conveyance contrary to law, as transferring a freehold to an alien, who formerly could take lands but could not hold them; wherefore upon office found the Crown was entitled to the land. But the British Nationality and Status of Aliens Act, 1914 (substituted for the (English) Naturalization Act, 1870), subject to certain provisoes, enables ali...
Food and sale
Food and sale, 'Food' is defined by S. 2(v) of the Prevention of Food Adulteration Act, 1954 as meaning 'any article used as food or drink for human consumption other than drugs and water and includes:(a) any article which ordinarily enters into, or is used in the composition or preparation of human food, and(b) any flavouring matter or condiments. 'Sale' is defined by S. 2(xiii) as follows: 'Sale' with its grammatical variations and cognate expressions, means the sale of any article of food, whether for cash or on credit or by way of exchange and whether by wholesale or retail, for human consumption or use, or for analysis, and includes an agreement for sale, an offer for sale, the exposing for sale or having in possession for sale of any such article, and includes also an attempt to sell any such article; According to the definition of 'food' any used as food or drink for human consumption and any article which ordinarily enters into or is used in the composition or preparation of hu...
Duress
Duress [fr. duresse, Fr.; durities, Lat., constraint], imprisonment, compulsion.Duress is either by imprisonment or by threats. In order to constitute duress by imprisonment, either the imprisonment or the duress consequent upon it must be tortious and unlawful.By the Common Law, a contract made during duress is not void, but voidable; and the person upon whom it is practised may avail himself of the duress as a special defence to an action thereupon at any time. But the person who has employed the force cannot allege it as a defence, if the contract be insisted upon by the other.Where a person is not a free agent, and is not able to protect himself, the Court will protect him, and will set aside a contract made under duress. Circumstances also of extreme necessity and distress of the party, although not accompanied by the direct restraint or duress, may, in like manner, so entirely overcome his free agency as to justify the Court in setting aside a contract made by him on account of s...
Demurrer
Demurrer [fr. demoror, Lat.; or demorrer, Fr., to wait or stay], a pleading which admits the facts as stated in the pleading of the opponent, and referring the law arising thereon to the judgment of the Court, waits until by such judgment the Court decides whether he is bound to answer. 'The office of a demurrer is simply to state that the plaintiff has not made a sufficient case to entitle him to relief in equity', Wood v. Midgley, (1854) 5 De GM&G 44, per Turner, L.J.In civil matters this mode of pleading is abolished by R.S. C. 1883, Ord. XXV., r. 1, but subsequent rules of the same Order allow points of law raised on the pleading of any party to be disposed of before trial by order of the Court or a judge, and pleadings to be struck out if they disclose no reasonable cause of action.In criminal prosecutions a demurrer may be resorted to, when the fact as alleged is allowed to be true, but the defendant takes exception in point of law to the sufficient of the indictment or informati...
Bond
Bond [fr. binda, band, bunden, A. S., to bind], a written acknowledgement or binding of a debt under seal. See DEED. No technical form of words is necessary to constitute a bond; see Gerrard v. Clowes, (1892) 2 QB 11; Strickland v. Williams, (1899) 1 QB 382. The person giving the bond is called the obligor, and he to whom it is given the obligee. A bond is called single (simplex obligatio) when it is without a penalty, but there is generally a condition added, that, if the obligor does or forbears from some act, the obligation shall be void, or else shall remain in full force, and the bond is then called a double or conditional one; see Dav. Prec. Vol. V., pt. Ii., p. 268. When a bond contains a penalty, which is generally double the amount of the principal sum secured, only the sum actually owing, with interest, can be recovered, and in no case can this exceed the amount appearing on the face of the bond. See 8 & 9 Wm. 3, c. 11, s. 8; Re Dixon, (1900) 2 Ch 561.Although it is unnecessa...
Bill of Rights
Bill of Rights, a declaration delivered by the Lords and Commons to the Prince and Princess of Orange, and afterwards enacted in Parliament, when they became King and Queen, as 1 W. & M., sess. 2, c. 2. Its Preambles sets forth that King James, by the assistance of evil counsellors, endeavoured 'to subvert and extirpate the Protestant religion and the laws and liberties of this kingdom,' by exercising a power of dispensing with and suspending of laws; by levying money for the use of the Crown by pretence of prerogative, without consent of Parliament; by prosecuting those who petitioned the King, and discouraging petitions; by raising and keeping a standing army in time of peace; by violating the freedom of election of members to serve in Parliament; by violent prosecutions and the causing partial and corrupt jurors to be returned on trials, excessive bail to be taken, excessive fines to be imposed, and cruel punishments to be inflicted; all of which are declared to be illegal; and the ...
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