Lawful Force - Law Dictionary Search Results
Custom
Custom [fr. Costume, It.; coustume, coutume, Fr.; costumbre, Sp.; consuetudo, Lat.], 'Custom maybe defined to be a law or right not written which being established by long use and consent of our ancestors has been and daily is put in practice' (Les Termes de la Ley). In Lockwood v. Wood, 6 QB 50, Tindal C.J., at p. 64 says that it is 'in effect , the Common Law within that place to which it extends although contrary to the General Law of the realm.' If it be universal, it is Common Law; if particular, it is then properly custom. The requisites to make a particular custom good are these: (1) It must have been used so long that the memory of man runs not to the contrary; (2) it must have been continued and (3) peaceable; also (4) reasonable and (5) certain; (6) compulsory, and not left to the option of every person, whether he will use it or not; and (7) consistent with other customs, for one custom cannot be setup in opposition to another; see 1 Bl. Com. 76. Customs are of different kin...
Marriage
Marriage. Marriage as understood in Christendom is the voluntary union for life of one man and one woman, to the exclusion of all others, Hyde v. Hyde, 1866 LR 1 P&D 130. Where a marriage in a foreign country complies with these requirements it is immaterial that under the local law dissolution can be obtained by mutual consent or at the will of either party with merely formal conditions of official registration, and it constitutes a valid marriage according to English law, Nachimson v. Nachimson, 1930, P. 217. Previous to 1753 the validity of marriage was regulated by ecclesiastical law, not touched by any statutory nullity but modified by the Common law Courts, which sometimes interfered with the Ecclesiastical Courts, by prohibition, sometimes themselves decide on the validity of a marriage, presuming a marriage in fact as opposed to lawful marriage. A religious ceremony by an ordained clergyman was essential to a lawful marriage, at all events for dower and heirship; but if in an i...
Existing law
Existing law, this expression under Art. 366(10) means, 'any law, Ordinance, order, bye-law, rule or regulation passed or made before or made before the commencement of this Constitution by any Legislature, authority or person having power to make such law, Ordinance, order, bye-law, rule or regulation', N.B. Jeejeebhoy v. Assistant Collector, AIR 1965 SC 1096: (1965) 1 SCR 636. [Constitution of India, Art. 366(10)]This definition would include only passed by a competent authority as well as rules, bye-laws and regulations made by virtue of statutory power. It would therefore not include administrative orders which are traceables not to any law made by the legislature but derive their force form executive authority and made either for the convenience of the administration or for the benefit or individuals, though the power to make laws as well as these orders was vested in the same authority- the absolute ruler, State of Gujarat v. Vore Fiddali, AIR 1964 SC 1043 (1064). [Constitution o...
Heir
Heir [fr. heire, Old Fr.; h'res, Lat.], a person who succeeds by descent to an estate of inheritance. It is nomen collectivum, and extends to all heirs; and under heirs, the heirs of heirs are comprehended in infinitum.A person who, under the laws of intestacy, is entitled to receive an intestate decedents property, esp. real property, Black's Law Dictionary, 7th Edn., p. 727.The (English) Admin. Of Estates Act, 1925, s. 45, having abolished all modes of descent of real property obtaining before 1st January, 1926, in regard to deaths taking place after 1925, except in a few cases (see DESCENT and DEVOLUTION), the importance of the 'heir' had diminished but the following note has been retained since the word 'heir' will be construed according to its meaning under the general law in force before 1926, in deeds and wills executed after 1925, under which the 'heir' may become entitled to an equitable interest in personality and realty corresponding to a real estate by purchase under the ol...
Tail
Tail [fr. tailler, Fr., to prune]. An estate-tail was formerly a freehold of inheritance and is now an equitable interest which may be created after 1925 in respect of personalty as well as realty by way of trust and which (if not barred or disposed of by will after 1925) will devolve inequity on the person who would have taken realty as heir of the body or as tenant by the curtesy if the Law of Property Act, 1925, had not been passed [s. 130 (4) (ibid.)]The limitation of an estate so that it can be inherited only by the fee owner's issue or class of issue, Black's Law dictionary 7th Edn., p. 1466.An estate-tail in land now constitutes a settlement. [(English) Settled Land Act, 1925, s. 1]With this and other statutory modifications under the (English) Law of Property Act, 1925, the rules relating to this form of estate are still applicable (a) in the investigation of all titles to land in existence on the 31st December, 1925; (b) in the construction of equitable interests into which th...
Colonial Laws (English)
Colonial Laws (English). The validity of laws passed by colonial legislature is established by the Statute of Westminster, 1931, which enacts, subject to the provisions of the Act, that the Colonial Laws Validity Act, 1865, shall not apply to any law made after December 11th, 1931, by the Parliament of a Dominion. Also that no law made by the Parliament of a Dominion be void on the ground that it is repugnant to the law of England. The Colonial Laws Validity Act, 1865 (28 & 29 Vict. c. 63) enacts that no colonial law shall be void for repugnancy to the law of England, unless it be repugnant to the provisions of some Act of Parliament extending to the colony, or to any Order made under authority of such Act, or having in the colony the force and effect of such Act. In the case of such repugnancy the colonial law shall be void to the extent thereof and not otherwise. By the same Act all colonial legislatures are empowered to establish courts of judicature, and to abolish and reconstitute...
Colony
Colony [fr. colo, Lat., to cultivate], a settlement in a foreign country possessed and cultivated, either wholly or partially, by immigrants and their descendants, who have a political connection with and subordination to the mother-country whence they emigrated. In other words, it is a place peopled from some more ancient city or country.England was not the first among European nations that planted settlements in parts beyond Europe. But by her own colonization, and by the conquests of the settlements of other nations, she was now acquired a more extensive dominion of colonies and dependencies than any other nation. The colonies of Great Britain exceed in number, extent, and value those of every other country.In an Act of Parliament (English) passed after 1889 the expression 'colony' means by s. 18(3), of the Interpretation Act, 1889, 'any part of her Majesty's dominions, exclusive of the British Islands and of British India, and where parts of such dominions are under both a central ...
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...
strike
strike struck struck also: strick·en strik·ing vi 1 : to remove or delete something 2 : to stop work in order to force an employer to comply with demands vt 1 : to remove or delete from a legal document and esp. from the record of a trial [it struck that part of [the] injunction "National Law Journal"] 2 : to remove (a prospective juror) from a venire 3 : to engage in a strike against (an employer) n 1 : the removal of a potential juror from a venire compare challenge 2 : a concerted work stoppage, interruption, or slowdown by a body of workers to enforce compliance with demands made on an employer see also rent strike Labor Management Relations Act in the Important Laws section compare job action economic strike : a strike that is brought against an employer because of a dispute regarding economic benefits or conditions (as wages) NOTE: Workers engaged in an economic strike can legally be replaced permanently. No-strike clauses in collective bargaining agreements ...
Co-operative society
Co-operative society, means a co-operative society registered under the Co-operative Societies act, 1912, or under any other law for the time being in force in any State for the registration ofco-operative societies. [Wealth-tax Act, 1957(27 of 1957), s. 2 (ha)]Means a society registered or deemed to be registered under any law relating to co-operative societies for the time being in force in any State. [Multi-State Co-operative Societies Act, 2002 (39 of 2002), s. 3 (h)]Means a society registered or deemed to be registered under the Co-operative Societies Act, 1912, or any other law for the time being in force in any State relating to co-operating societies. [Payment of Bonus Act, 1965 (21 of 1965), s. 2 (10)]The expression 'co-operative society' in cl. 2 of the scheme meant only a consumers co-operative society and no other, Sarkari Sasta Anaj Vikreta Sangh v. State of Madhya Pradesh, (1981) 4 SCC 471: AIR 1981 SC 2030 (2035). [Madhya Pradesh Foodstuffs Civil Supply Distribution Sche...
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