Law In Force - Law Dictionary Search Results
Home Dictionary Name: law in force Page: 3 Page 3 of about 232 results (0.004 seconds)Enemy
Enemy, means:(i) any person or country committing external aggression against India,(ii) any person belonging to a country committing such aggression,(iii) such other country as may be declared by the Central government to be assisting the country committing such aggression,(iv) any person belonging to such other country.[Personal Injuries (Emergency Provisions) Act, 1962, s. 2(3),One who opposes or inflicts injury on another;an antagonist, Black's Law Dictionary, 7th Edn., p. 548.Includes all armed mutineers, armed rebels, armed rioters, pirates and any person in arms against whom it is the duty of any person subject to this Act to take action. [Border Security Force Act, 1968 (47 of 1968), s. 2 (1) (j)]It includes all armed mutineers, armed rebels, armed rioters, pirates and any person in arms against whom it is the duty of any person subject to military law to act. [Army Act, 1950 (46 of 1950), s. 3 (x)]It includes all armed mutineers, armed rebels, armed rioters, pirates and any pe...
National insurance
National insurance. The (English) National Insur-ance Act, 1911 (1 & 2 Geo. 5, c. 55), introduced by Mr. Lloyd George, established a wide system of compulsory state insurance covering both ill-health and unemployment, which is based upon premiums contributed in part by the employer, in part by the employee, and in part by the State. The Act consisted of three parts, the first dealing with National Health Insurance, the second with Unemployment Insurance, and the third contained miscellaneous provisions. This Act remained the basis of National Health Insurance, although the subject of very extensive amendment, until the National Health Insurance Act, 1924, consolidated the law. The law has been consolidated again by the (English) National Health Insurance Act, 1936 (26 Geo. 5, and 1 Edw. 8, c. 32), amends and repeals the whole of the Acts passed in 1920, 1922, 1924 and 1928. The arrangement is as follows:-Part I. Insured Persons and Contributions.Part II. Benefits.Part III. Approved Soc...
lawful force
lawful force see force ...
Mistake
Mistake, misconception, error.Money paid under a mistake of a material fact, as where a person discounts a forged bill, is recoverable (though a banker paying the forged cheque of a customer cannot charge the customer with the loss), and see Jones & Co. v. aring & Gillow Ltd., 1926 AC 670; but money paid under a mistake of law is ordinarily not recoverable, Holt v. Markham, (1923) 1 KB 504, though there is an exception in the case where an officer of a Court or a trustee in bankruptcy has received the money [Ex P. Simmonds, (1885) 16 QBD 308]. A contract is not voidable because it was caused by a mistake as to any law in force in India; but a mistake as to a law in force in India has the same effect as a mistake of fact. (The Indian Contract Act, 1872, s. 21)It is a common condition of the sale of land that any error or misdescription shall not vitiate the sale, and mayor may not be made the subject of compensation, and this condition applies whether an error complained of was discover...
Self-defence
Self-defence, is a legal right and as with other legal rights the question whether a specific state of facts warrants its exercise is a legal question. It is not a question on which a State is entitled, in any special sense, to be a judge in its own cause, the Law of Nations, 5th Edn., 1955, p. 319.Means the use of force to protect oneself, one's family, or one's property from a real or threatened attack, Black's Law Dictionary, 7th Edn., p. 1364.Self-defence. both the life and limbs of a man are of such high value, in the estimation of the law of England, that it pardons even homicide, if committed se defendendo, or in order to preserve them. See DEFENCE; HOMICIDE.The use of force to protect oneself, one's family, or one's property from a real or threatined attack, Black's Law Dictionary, 7th Edn., p. 1364....
Common Law
Common Law [lex communis, Lat.]. 'The phrase 'common law' is used in two very different senses. It is cometimes contrasted with equity; it then denotes the law which, prior to the Judicature Act, was administered in the three ' superior ' Courts of law at Westminster, as distinct from that administered by the Court of Chancery at Lincoln's Inn. At other times it is used in contradistinction to the statute law, and then denotes the unwritten law, whether legal or equitable in its origin, which does not derive its authority from any express declaration of the will of the Legislature. This unwritten law has the same force and effect as the statute law. It depends for its authority upon the recognition given by our Law Courts to principles, customs, and rules of conduct previously existing among the people. This recognition was formerly enshrined in the memory of legal practitioners and suitors in the Courts; it is now recorded in the voluminous series of our law reports which embody the d...
Under any law for the time being in force
Under any law for the time being in force, the words refer to the applicability of decrees and orders should be determined by the provisions of the Code of Civil Procedure, AIR 1960 Bom 315 (317)....
equity
equity pl: -ties [Latin aequitat- aequitas fairness, justice, from aequus equal, fair] 1 a : justice according to fairness esp. as distinguished from mechanical application of rules [prompted by considerations of ] [comity between nations, and require it to be paid for "F. A. Magruder"] b : something that is equitable : an instance of equity [the inequities produced by the system are outnumbered by the equities] 2 a : a system of law originating in the English chancery and comprising a settled and formal body of substantive and procedural rules and doctrines that supplement, aid, or override common and statutory law [the judicial power shall extend to all cases, in law and , arising under this Constitution "U.S. Constitution art. III"] see also chancery compare common law, law NOTE: The courts of equity arose in England from a need to provide relief for claims that did not conform to the writ system existing in the courts of law. Originally, the courts of equity exercised great ...
Stamp duties
Stamp duties, a branch of the revenue. They are a tax imposed on all parchment and paper whereon certain legal proceedings and certain private ins-truments re written; and on licences for various purposes.The consolidating Stamp Act, 1870, superseded the very numerous older enactments [in great part repealed by the (English) Inland Revenue Repeal Act, 1870 (33 & 34 Vict. c. 90)] in regard to the duty on the various classes of instruments, but by s. 17 of the Stamp Act, 1870 (re-enacted by s. 14 of the Stamp Act, 1891), reversing the former law, see Buckworth v. Simpson, (1835) 1 CM&R 384, the stamp to be affixed to an unstamped document to render it admissible in evidence was not the stamp in accordance with the law at the time of affixing it, but the stamp in accordance with the law in force at the time when the document was first executed.Very important alterations in the law of stamps were effected by the Customs and Inland Revenue Act, 1888. Prior to that Act it was no offence not ...
Equality before law and equal protection of laws
Equality before law and equal protection of laws, Article 14 of the Constitution enjoins upon the State not to deny to any person 'Equality before law' or the 'equal protection of laws' within the territory of India, the two expressions do not mean the same thing even if there may be much in common. The word 'law in the former expression is used in a generic sense, a philosophical sense- whereas the word 'laws' in the latter expression denotes specific laws in force, Srinivaso Theatre v. Govt. of Tamil Nadu, AIR 1992 SC 999 (1004): (1992) 2 SCC 643. (Constitution of India, Art. 14)...
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