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Issued And Served - Law Dictionary Search Results

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Passport

Passport, a licence for the safe passage of anyone from one place to another, or from one country to another. Passports are issued by the Foreign Office to British-born subjects or to those naturalised in the United Kingdom, British Dominions, Colonies or India, subject to the recommendation and identification of the applicant by a person holding certain positions, e.g., J.P., barrister, solicitor, physician. Application should be made to the Passport Office, 1, Queen Anne's Gate Buildings, Dartmouth Street, Westminster, London, or 36, Dale Street, Liverpool.A combination to procure from the British Foreign Office a passport taken out in one name but to be used in another is an indictable misdemeanour, R. v. Brailsford and McCulloch, (1905) 2 KB 730. Forgery is a misdemeanour under the (English) Official Secrets Act, 1920 (10 & 11 Geo. 5, c. 86), and obtaining passports by false statements, under the (English) Criminal Justice Act, 1925 (15 & 16 Geo. 5, c. 86).A 'passport' is a documen...


Originating summons

Originating summons, a summons without writ, returnable in the chambers of a judge of the High Court. summonses of this description are very frequently issued in the Chancery Division for the determination of particular questions arising in the administration of an estate or trust, without the administration of the whole estate or trust; for settling questions between vendors and purchasers (see VENDOR AND PURCHASER SUMMONS); for foreclosure or redemption of mortgages; for determining questions of construction of a written instrument, and for numerous other purposes; see R.S.C. 1883, Ords. LIV. LIVA., LIVB., LIVC., and LV. Et seq. If the question raised is one requiring argument it is generally adjourned into Court; if it is a simple matter the judge will determine it in Chambers. The summons may be taken out by any person interested, and is served on the persons whose rights are sought to be affected. This procedure was first established in 1883 by the Rules of that year, and has been...


Occupier's Liability Notice

Occupier's Liability Notice, the notice which the owner of land out of which tithe rent-charge issues is required, by sub-s. 6 of s. 2 of the Tithe Act, 1891, to give to the owner of the tithe rent-charge of the liability of the occupier of the land, under a contract made before the Act, to pay such tithe rent-charge to such owner of land. Unless this notice (which is styled an 'occupier's liability notice' by r. 3 of the Tithe Rent-charge Recovery Rules, 1891) is served as required by the Tithe Act, 1891, the landowner may not recover from the occupier any sum which he has paid for tithe rent-charge, without a certificate from the County Court 'that there was good and sufficient cause for the failure to give such notice, and that the occupier has not been prejudiced thereby.' For form of notice, see Thring's Tithe Act, 1891 p. 58, and now, generally, the (English) Tithe Act, 1936 (26 Geo. 5 & 1 Edw. 8, c. 43), s. 20(3) (Transitional Provisions)....


His return of income

His return of income, the expression 'his return of income' occurring in Rule 5 of the U.P. Agricultural Income Tax Rules, 1949 would apply to any of the returns contemplated under s. 15 of the U.P. Agricultural Income Tax Act, 1948, namely, (1) a return filed in pursuance of the general notice issued and published by the Collector under s. 15(1), (2) a return filed by the Principal Officer of a Company under s. 15(2) read with Rule 21, (3) a return filed in pursuance of individual notice served upon an assesses by the Assessing Authority under s. 15(3), and (4) a return or a revised return filed by an assesses under s. 15(4), provided that in the first three cases the return is filed within the time specified in the notice or the rule or within the extended time granted by the Assessing Authority and in the last case the revised return is filed on account of discovery of a wrong statement in the previous return and is filed before the assessment is complete, Delhi Cloth & General Mill...


Central Criminal Court

Central Criminal Court. This court was created by the (English) Central Criminal Court Act, 1834 (4 & 5 Wm. , c. 36), for the trial of all cases of treasons, murders, felonies, and misdemeanours committed within the county of Middlesex, and in certain specified parts of the counties of Essex, Kent, and Surrey, all of which constitute one county for the purpose of the Act, and also commissions of goal delivery to deliver the goal of Newgate of the prisoners therein charged with any of the offences aforesaid. The Court consists of the Lord Mayor and Aldermen and also of the Judges; and there are twelve sessions held in every year, at times fixed by four or more of the judges of the High Court, (English) (Judicature Act, 1925, s. 74). The 17th section of the Act authorizes the Court to try offences committed on the high seas; and the (English) Central Criminal Court Act, 1856 (19 & 20 Vict. c. 16) [see (English) Palmer's Act], authorizes the King's Bench Division of the High Court to orde...


Confidential report

Confidential report, a confidential report is intended to be general assessment of work performed by a Government servant subordinate to the reporting authority, that such reports are maintained for the purpose of serving as data of comparative merit when questions of promotion, confirmation, etc. arise. They also show that such reports are not ordinarily to contain specific incidents upon which assessments are made except in cases where as a result of any specific incident a censure or a warning is issued and when such warning is by an order to be kept in the personal file of the Government servant, R.L. Butail v. Union of India, (1971) 2 SCR 55: (1970) 2 SCC 876 (880). [CCS (Classification Central and Appeal) Rules 1965, R. 11]...


Chiltern hundreds

Chiltern hundreds. A member of the House of Commons cannot resign his seat. He may, however, become disqualified by acceptance of an office of profit under the Crown. A member therefore usually vacates his seat by the acceptance of the stewardship of the Chiltern Hundreds, or some other nominal office in the gift of the Chancellor of the Exchequer. The practice began about the year 1750; but the duties and profits of the stewardship have long since ceased, and the office is only retained to serve this particular purpose. The Chiltern Hills, a range of chalk eminences separating the counties of Bedford and Hertford, were formerly covered with thick beechwood, and sheltered numerous robbers; to put these marauders down, and protect the inhabitants of the neighbourhood from their depredations, an officer was appointed under the Crown called the Steward of the Chiltern Hundreds, which were Burnham, Desborough and Stoke.The Crown, for the convenience of the House at large, is ordinarily rea...


Appearance

Appearance, means a coming into court as a party or interested person, or as a lawyer on behalf of a party or interested person, Black Law Dictionary, 7th Edn., p. 95.An appearance may be expressly made by formal written or oral declaration, or record entry, or it may be implied from some act done with the intention of appearing and submitting to the court's jurisdiction. 4 Am. Jur. 2d Appearance 1, at 620 (1995).Means physical appearance and not appearance through advocate, State of West Bengal v. Pranab Ranjan Roy, (1998) 3 SCC 209. [Criminal Procedure Code, 1973, ss. 167(5)(ii), 436 & 437]The word appearance is capable of having different connotations, when it is employed in different contexts. For instance where the summons or the notice issued to a party, at the initial stage, in civil proceedings, requires his appearance, it can certainly be through a recognized agent or counsel, as provided for under sub-rule (1) of Rule 1 of Order III of Civil Procedure Code. However, where the...


Active politics

Active politics, 'Active politics' means almost whole time in politics, Pyare Lal Sharma v. Managing Director AIR 1989 SC 1854 (1859): (1989) 3 SCR 428: (1989) 2 SCC 448. [J&K Industries Employees Service Rules and Regulation Reg 16, R. 14 (as amended in 1983)]Means service at outposts, or against hostile tribes or other persons in the field. Assam Rifles Act, 1941.As applied to a person subject to this Act, means the time during which such person--(a) is attached to, or forms part of, a force which is engaged in operations against an enemy, or (b) is engaged in air force operations in, or is on the line of march to, a country or place wholly or partly occupied by an enemy, or (c) is attached to, or forms part of, a force which is in military occupation of any foreign country. Air Force Act, 1950 (45 of 1950), s. 4(2)Means service or duty--(a) during the period of operation of a proclamation of emergency issued under clause (1) of article 352 of the constitution; or (b) during any peri...


party

party pl: parties 1 a : one (as a person, group, or entity) constituting alone or with others one of the sides of a proceeding, transaction, or agreement [the parties to a contract] [a person who signed the instrument as a to the instrument "Uniform Commercial Code"] accommodated party : a party to an instrument for whose benefit an accommodation party signs and incurs liability on the instrument : a party for whose benefit an accommodation is made accommodation party : a party who signs and thereby incurs liability on an instrument that is issued for value and given for the benefit of an accommodated party secured party : a party holding a security interest in another's property third party : a person other than the principals [insurance against injury to a third party] b : one (as an individual, firm, or corporation) that constitutes the plaintiff or defendant in an action ;also : one so involved in the prosecution or defense of a judicial or quasi-judicial proceeding as t...



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