Lapse - Law Dictionary Search Results
Home Dictionary Name: lapse Page: 2 Page 2 of about 53 results ( seconds)Misbehaviour
Misbehaviour, Word 'misbehaviour' used in cl. 2 of Inquiries Act is not vague; it would certainly mean a lapse from proper standard of conduct in discharge of functions as a government servant. Every dishonest act of government servant amounts to 'misbehaviour', R.P. Kapur v. S. Pratap Singh Kairon, AIR 1964 SC 295: (1964) 4 SCR 204. (Inquires Act, Cl. 2)The word 'misbehaviour' is a vague and elastic word and embraces within its sweep different facets of conducts as opposed to good conduct. Literally, it means wrong conduct or improper conduct. It has to by construed with reference to the subject-matter and the context wherein the term occurs having regard to the scope of the Act or the statute under consideration. In the context of disciplinary proceedings against a solicitor, the word misconduct was construed as professional misconduct extending to conduct 'which shows him to be unworthy member of the legal profession', C. Ravichandra Iyer v. Justice A.M. Bhattacharjee, (1995) 5 SCC ...
Misconduct
Misconduct, is a relative term. It has to be considered with reference to the subject-matter and the context wherein such term occurs. It literally means wrong conduct or improper conduct, R.D. Saxena v. Balram Prasad Sharma, (2000) 7 SCC 264.Misconduct, means 'A transgression of some established and definite rule of action, a forbidden act, a dereliction from duty, unlawful behaviour, wilful in character, improper or wrong behaviour; its synonyms are misdemeanour, misdeed, misbehaviour, delinquency, impropriety, mismanagement, offence, but not negligence or carelessness, (Black's Law Dictionary), N.G. Dastane v. Shrikant S. Shivde, (2001) 6 SCC 135.The word 'misconduct' is not capable of precise definition, but at the same time though incapable of precise definition, the word 'misconduct' on reflection receives its connotation from the context, the delinquency in performance and its effect on the discipline and the nature of duty. The act complained of must bear a forbidden quality or...
Ne admittas
Ne admittas (that you admit not), a prohibitory writ directed to the bishop at the request of the plaintiff or defendant, where a quare impedit is depending, when either party fears that the bishop will admit the other's clerk during the suit between them; it ought to be issued within six calendar months after the avoidance, before the bishop may present by lapse; for it is in vain to sue out this writ when the title to present has devolved upon the bishop, Fitz. N.B. 37....
Nominatim
Nominatim, by name; expressed one by one.--the act of mentioning by name; especially the power of appointing, by virtue of some manor or otherwise, a clerk to a patron of a benefice, by him to be presented to the ordinary. A nominator must appoint his clerk within six months after avoidance; if he do not, and the patron presents his clerk before the bishop has taken any benefit of the lapse, he is obliged to admit such clerk, Plowd. 529. Also [see (English) Ballot Act, 1872; (English) Municipal Corporations Act, 1882, s. 55; Representation of People (No. 2) Act, 1920 (10 & 11 Geo. 5, c. 35]; and (English) Local Government Act, 1933 (23 & 24 Geo. 5, c. 51), Sched. II., Part I., para. 2 (1) the written proposal of a candidate at a parliamentary or municipal election. A to the power of a member of a friendly society or an industrial or a provident society to dispose by 'nomination' of sums payable on his death, see Friendly Societies Act, 1896, s. 56; Friendly Societies Act, 1908, s. 5; B...
Prorogation
Prorogation, prolonging or putting off to another day.A prorogation is the continuance of the Parliament from one session to another, with the effect that bills, whatever stage they have reached, drop and have to be taken up from the beginning in a succeeding session; an adjournment is a continuation of the session from day to day.Prorogation never extends beyond eighty days, but fresh prorogations may take place from time to time by proclamation. See PARLIAMENT.Under Article 85(2) when the President on the advice of the Prime Minister prorogues the House, there is termination of a session of the House and this is called prorogation. When the House is prorogued, all the pending proceedings of the House are not quashed and pending Bills do not lapse. The prorogation of the House may take place at any time either after the adjournment of the House or even while the House is sitting, Special Reference No. 1 of 2002 (in re Gujarat Assembly Election Matter, (2002) 8 SCC 237 (278). [Constitu...
Precedent
Precedent, a decision is a precedent of its own features. Further, the enunciation of the reason or principle on which a question before a court has been decided is alone binding as a precedent, Uttaranchal Road Transport Corporation v. Mansaram Nainwal, (2000) 6 SCC 366.A precedent acquirers added authority from lapse of time, the longer a precedent has remained unquestioned, the more hard it becomes to reverse it. The courts has to adopt a construction of law, which would inevitably result in upsetting titles long founded on the contrary view, Pratap Bahadur Sahi v. Lakshmidhar Singh, AIR 1946 PC 189: 73 IA 231; Vijaya Charari v. Khubchand, AIR 1964 SC 1099.Precedent, are not an immutable dogma. Courts may evolve principles which are applicable to the facts involved in each case, Rumana Begum v. Government of Andhra Pradesh, 1992 Cr LJ 3512.Means every judgment must be based upon facts, declared by the Indian Evidence Act, 1872 to be relevant and duly proved. But when a Judge, in dec...
Presumption of life or death
Presumption of life or death. Where a person is once shown to have been living, the law will in general presume that he is still alive, unless after a lapse of time considerably exceeding the ordinary duration of human life; but if there be evidence of his continued unexplained absence from home and of the non-receipt of intelligence concerning him for a period of seven years, the presumption of life ceases and he is presumed to be dead at the end of the seven yeas. But the law raises no presumption as to the time of his death and, therefore, if any one has to establish the precise time during those seven years at which such person died, he must do so by evidence, see Doe v. Nepean, (1833) B&Ad 86; Nepean v. Doe, (1837) 2 M&W 894; Re Rhodes, (1887) 36 Ch D 586. See also 18 & 19 Car. 2, c. 11, by which the person on whose life a lease for lives depends is accounted dead if not proved alive after an absence of seven years, and the lessee may be ejected, with the proviso, however, that if...
Presumptive title
Presumptive title. A barely presumptive title, which is of the very lowest order, arises out of the mere occupation or simple possession of property (jus possessionis, Lat.), without any apparent right, or any pretence of right, to hold and continue such possession. This may happen when one man disseises another; or where after the death of the ancestor, and before the entry of the heir, a stranger abates and holds out the heir. The law assumes that the actual occupant of land has the fee-simple in it, unless there be evidence rebutting such pre-sumption, or his possession be properly explained and shown to be consonant with the right of the true proprietor of the reversionary fee. Such a presumption, in the absence of any satisfactory proof to the contrary, will sustain an action for a tresspass by a wrongdoer, and will indeed be strengthened, by lapse of time, into a title complete and indefeasible.This assumption is based on the well-known feudal maxim that seisin must be the basis ...
Regula catoniana
Regula catoniana, means the principal that the lapse of time will not cure something void at the outset, Black's Law Dictionary, 7th Edn., p. 1289....
Residue
Residue, the surplus of a testator's or intestate's estate after discharging all his liabilities. Unless it appear in the will that the executor was intended to have the residue, he will be deemed to be trustee for the next of kin [Executors Act, 1830 (11 Geo. 4 & 1 Wm. 4, c. 40)]; repealed and replaced by the Administration of Estates Act, 1925, s. 49; see Re Glukman, (1908) 1 Ch 552; affirmed, nom. A.G. v. Jeffereys, 1908 AC 411. The distribution of the surplusage of an intestate's estate was provided for by the Statute of Distribution (22 & 23 Car. 2, c. 10), explained by 29 Car. 2, c. 3, and 1 Jac. 2, c. 17. the distribution of the estates of persons dying after 1925 is regulated by Part IV. of the Administration of Estates Act, 1925. See LAPSE; WIDOW.Something that is left over after a part is removed or disposed of; a remainder, Black's Law Dictionary, 7th Edn., p. 1311...
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