Long Standing - Law Dictionary Search Results
Home Dictionary Name: long standing Page: 2Stare decisis
Stare decisis, to abide by authorities or cases already adjudicated upon.The doctrine of precedent , under which it is necess-ary for a court to follow earlier judicial decisions when some points arise again in litigation, Black's Law Dictionary, 7th Edn., p. 1414.Stare decisis is a well-known doctrine in legal jurisprudence. The doctrine of stare decisis, meaning to stand by decided cases, rests upon the principle that law by which men are governed should be fixed, definite and known, and that, when the law is declared by a court of competent jurisdiction authorised to construe it, such declaration, in absence of palpable mistake or error, is itself evidence of the law until changed by competent authority. It requires that rules of law when clearly announced and established by a court of last resort should not be lightly disregarded and set aside but should be adhered to and followed. What it precludes is that where a principle of law has become established by a series of decisions, i...
Reading of a Bill
Reading of a Bill, in House of Commons, the three stages through which a Bill passes, are: First Reading, Second Reading and Third Reading. During the first reading only short title is read by the clerk. During second reading there is a wide debate in general application and desirability of measure. Second reading normally takes place on the floor of the House but certain public Bills are referred to Second Reading Committee for consideration in principle. After it the Bill is referred to Standing Committee for detailed examination. Third reading takes place when a Bill is reported from the Committee of the whole House without amendment or when the consideration of a Bill, as amended, is concluded. After the third reading the Bill is reviewed in its final form with amendments earlier made. No debate may takes place. Parliamentary Practice, Erskine May, 22nd Edn., 1997, p. 494.In India three readings are done for a Bill for facilitating adequate scrutiny and debate. First reading is the...
gerenuk
A slender East African antelope Litocranius walleri with a long slim neck and backward curving horns called also Wallers gazelle and in German Giraffengazelle It feeds on the foliage of bushes and trees and often stands erect on its hind legs leaning against the bush to browse on the higher branches in this habit it is distinctive and easy to recognize...
Policies of Insurance, Court of
Policies of Insurance, Court of. It was erected in pursuance of 43 Eliz. c. 12, which enabled the Lord Chancellor yearly to grant a standing commission to the Judge of the Admiralty, the Recorder of London, two doctors of the civil law, two common lawyers, and eight merchants; any three of whom, one being a civilian, or a barrister, were thereby, and by 13 & 14 Car. 2, c. 23, empowered to determine in a summary way all causes concerning policies of insurance in London, with an appeal by way of bill to the Court of Chancery. It had been long wholly disused in Blackstone's time, and both the above Acts were repealed by (English) Stat. Law Rev. Act, 1863....
Lord Lieutenant of a County
Lord Lieutenant of a County, an officer of great distinction, appointed by the Crown for the managing of the standing militia of the county, and all military mattes therein. Lords lieutenant are supposed to have been introduced about the reign of Henry VIII., for they are mentioned as known offices in the 4 & 5 Ph. & M. c. 3, though they had not been long in use; for Camden speaks of them in the time of Queen Elizabeth as extraordinary magistrates, constituted only in times of difficulty and danger. They are generally of the principal nobility, and of the best interest in the county; they are to form the militia in case of a rebellion, etc., and march at the head of them, as the Crown shall direct. They have the power of presenting to the sovereign the names of deputy-lieutenants, who are to be selected from the best gentry in the county, and act in the absence of the Lord Lieutenant. Their jurisdiction and privileges in relation to the militia, yeomanry, and volunteers reverted to her...
House of Commons
House of Commons, one of the constituent parts of Parliament, being the assembly of knights of shires, or the representatives of counties; citizens, or the representatives of cities; and burgesses, or the representatives of boroughs.The lowest chamber of British and Canadian Parlia-ment, Black's Law Dictionary, 7th Edn., p. 744.Property Qualification.--The property qualification of members, which was by 1 & 2 Vict. c. 48, amending 9 Anne, c. 5, by allowing personal property to count fixed at 600l. a year for a county, and 300l. a year for a borough member, was abolished in 1858 by 21 & 22 Vict. c. 26.Payment of Members.--Members were from very early times entitled to payment at the rate of 4s. a day for county, and 2s. a day for borough members, payable by their constituents. This has never been abolished, and is recognized by the unrepeated 6 Hen. 8, c. 16, by which members may not depart from Parliament without licence from the Speaker on pain of losing their 'wages,' though 35 Hen. ...
Expectant heir
Expectant heir. A person to whom property will accrue on the death of another person. expectant heirs wishing to anticipate this property have frequently borrowed money, to be repaid when the expected property shall devolve upon them. From the uncertainty of this period, the unsoundness of the security which the expectant heir can offer, and from the pressing character of his immediate necessities, the rate of interest is necessarily higher than that upon an ordinary loan, and is frequently very much higher than the risk run by the lender requires. At Common Law all such loans are good, and the interest upon them, however high, recoverable. By the Usury Acts, indeed-which, however, did not apply to loans to expectant heirs with any greater rigour than to loans to other persons'they were for a long period of yeas subject to the restriction that only a fixed maximum rate of interest could be exacted, but the Usury Acts were repealed in 1854 by 17 & 18 Vict. c. 90. See USURY.From very ear...
Tenant
Tenant, embraces in itself, the heirs of the deceased called 'statutory tenants' as even after the determination of the tenancy continued to have an estate on the tenanted premises, which are heritable, Kasturi Lal v. Brimlal, 1986 Sim LJ 86.Tenant, includes a sub-tenant and self-cultivating lessee, but shall not include a present holder, Punjab Tenancy Act, 1887, ss. 5, 6, 7, 8; Punjab Settlement Manual, 1899, pp. 142.Tenant, is a word which standing by itself denotes in law 'one who holds lands by any kind of title whether for years or for life or in fee' and does not necessarily mean a lessee unless it is used in opposition to landlord, Ekambara Ayyar v. Meenatchi Ammal, 1904 ILR 27 Mad 401.Means a agriculturist who cultivates personally the land he holds on lease from the landlord and includes a person who is deemed to be a tenant, Racha Naika v. State of Karnataka, 1992 (3) Kant LJ 616.Means a person by whom its rent is payable, and on the tenant's death--(1) in the case of a resi...
- << Prev.
- Next >>