Jains - Law Dictionary Search Results
Home Dictionary Name: jains Page: 5Cognizance
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...
Jain
One of a numerous sect in British India holding the tenets of Jainism...
Abuse
Abuse, means mis-use i.e. using his position for something for which it is not intended. M. Narayanan Nambiar v. State of Kerala, AIR 1963 SC 1116 (1118). [Prevention of Corruption Act, 1947 (2 of 1947), s. 5(1)(d)]The word 'abuse' has a very wide meaning everything which is contrary to good order established by usage amounts to abuse. Physical or mental mal-treatment also is an abuse, Gaurav Jain v. Union of India, AIR 1997 SC 3021 (3033): (1997) 8 SCC 114....
Acquisition
Acquisition, 'acquisition' means, directly or indirectly, acquiring or agreeing to acquire-(i) shares, voting rights or assets of any enterprise; or (ii) control over management or control over assets of any enterprise. [Competition Act, 2002 (12 of 2003), s. 2(a)]'Acquisition', with its grammatical variations and cognate expressions, includes hiring, borrowing, or accepting as a gift. [Arms Act, 1959 (54 of 1959), s. 2(a)]The office of one functionary is brought to an end another functionary has come into existence in its place. Such a process cannot be said to constitute the acquisition of the extinguished office or the vesting of the rights in the person holding that office, Bira Kishore Deb v. State of Orissa, AIR 1964 SC 1501 (1508): (1964) 7 SCR 32. [Constitution of India, Art. 31(2), 19(1) (f)]Means taking not by voluntary agreement but by authority of an Act of Parliament and by virtue of the compulsory powers thereby conferred. In case of acquisition the property is taken by t...
Actio personalis moritur cum persona.
Actio personalis moritur cum persona. A personal action dies with the person, i.e., the right to sue is gone. 'As if battery be done to a man, if he who did the battery or the other die, the action is gone' (Noy, 9th Edn., p. 20). This maxim states the general rule that actions of tort are destroyed by death of either the injured or the injuring party. Besides the statutory exceptions mentioned below, an action may be brought by the personal representatives of a deceased person for injury done to his property in his lifetime. It has also been applied to actions arising out of contracts of a purely personal nature, e.g., promise to marry, Finley v. Chirney, (1880) 20 QBD 494, or to write a book or paint a picture, See Leake on Contracts; Broom's Max.; Twycross v. Grant, (1877) 4 CPD 40; Phillips v. Homfray, (1993) 24 Ch D 439; and Jones v. Simes, (1890) 43 Ch D 607 as to injunction.This rule of the Common Law has been encroached upon by various statutes; by 4 Edw. 3, c. 7, as to trespas...
Anything
Anything, the word 'anything is of the widest import and is equivalent to 'everything', Tej Kiron Jain v. N. Sanjiva Reddy, (1970) 2 SCC 272: AIR 1970 SC 1573 (1574). (Constitution of India, Art. 105)...
Bench
Bench [fr. bance, A. S.], or Banc [Fr.], a tribunal of justice.(1) The judge or the aggregate body of the judges of any given Court; (2) the bishops; (3) the benchers of an Inn of Court. see KING'S BENCH.Means a Bench of a Tribunal. [Administrative Tribunals Act, 1985 (13 of 1985), s. 3 (e)]The court considered in the official capacity; Black's Law Dictionary, 7th Edn.Bench, is a place where a judge sits in Court, Webster's Dictionary of Law, Indian Edn. (2005), p. 47.Means the raised area occupied by the judge in a courtroom, Black Law Dictionary, 7th Edn., p. 148.Means a Bench of the Appellate Board. [Trade Marks Act, 1999 (47 of 1999), s. 2 (1) (d)]Means a Bench of the Appellate Board. [Semiconductor Integrated Circuits Layout-Design Act, 2000 (37 of 2000), s. 2 (c)]Means a Bench of the Tribunal. [National Environment Tribunal Act, 1995 (27 of 1995), s. 2 (b)]The word 'bench' used in the referring order, even in its ordinary connotation, would, therefore, include a single Judge, Raj...
Book
Book, the 'book' in common acceptation is a literary composition from which one may extend or advance his or her knowledge and learning, Commr. of Customs v. Parasrampuria Synthetics Ltd., (2001) 9 SCC 74 (82).--For the purposes of s. 15 of the Copyright Act,1911, dealing with the delivery of books to certain libraries, the expression 'book' includes every part or division of a book, pamphlet, sheet of letter-press, sheet of music, map, plan, chart or table separately published, but not a second or subsequent edition of a book unless such edition contains additions or alterations either in the letterpress, or in the maps, prints, or other engravings belonging thereto. By s. 15 a copy of every book published in the United Kingdom must be sent to the British Museum, and on written demand to the Bodleian Library, Oxford, the University Library, Cambridge, the Library of the Faculty of Advocates at Edinburgh, and the Library of Trinity College, Dublin, and subject to certain provisos the N...
Brothel
Brothel [fr. bordel, Fr.], a habitation of prostitutes. To keep one is an offence at Common Law, the prosecution of which by indictment is specially encouraged by the (English) Disorderly Houses Act, 1751 (25 Geo. 2, c. 36), s. 5, and the prosecution of which by summary proceedings before justices of the peace is allowed by the (English) Criminal Law Amendment Act, 1885 (48 & 49 Vict. c. 69). Further provision for the suppression of brothels is made by the (English) Criminal Law Amendment Acts, 1912 and 1922. For a person licensed to sell intoxicating liquor to permit his premises to be a brothel, the penalty is up to 20l. fine, forfeiture of license, and perpetual disqualification for holding another, by s. 15 of the (English) Licensing Act, 1872. A woman who keeps a house for the purpose of prostitution with herself alone cannot be convicted of keeping a brothel, Singleton v. Ellison, (1895) 1 QB 607.Includes any house, room, [conveyance] or place or any portion of any house, room [c...
Bushings and bearing
Bushings and bearing, As the functions of bushings are the same as that of the bearings, sometimes bushings are also called bearings. But when these two articles are known in the market by two different names, it cannot be said that they are same and identical, even though they perform the same functions, Jain Engineering Co. v. Collector of Customs, (1987) 4 SCC 492 (496): AIR 1987 SC 2279: (1988) 1 SCR 220....
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