Losings - Law Dictionary Search Results
Home Dictionary Name: losings Page: 2Dishonest intention
Dishonest intention, a person can be said to have 'dishonest intention' if in taking the property it is his intention to cause gain, by unlawful means, of the property to which the person so gaining is not legally entitled or to cause loss, by wrongful means, of property to which the person so losing is legally entitled, K.N. Mehra v. State of Rajasthan, AIR 1957 SC 369 (372): 1957 SCR 623. (Penal Code, 1860, s. 378)...
Jurisdiction
Jurisdiction, is a verbal coat of many colours. Jurisdiction originally seems to have had the meaning which Lord Reid ascribed to it in Anisminic Ltd. v. Foreign Compensation Commission, (1969) 2 AC 147, namely, the entitlement 'to enter upon the enquiry in question, M.L. Sethi v. R.P. Kapur, (1972) 2 SCC 427: (1973) 1 SCR 697.Jurisdiction, legal authority; extent of power; declaration of the law. Jurisdiction may be limited either locally, as that of a County Court, or personally, as where a Court has a quorum, or as to amount, or as to the character of the questions to be determined.By 'jurisdiction' is meant the extent of the power which is conferred upon the court by its constitu-tion to try a proceedings, Raja Soap Factory v. S.P. Shantharaj, AIR 1965 SC 1449 (1451): (1965) 2 SCR 800.The word 'jurisdiction' is a verbal coat of many colours. Jurisdiction originally means the entitle-ment 'to enter upon the enquiry in question'. If there was an entitlement to enter upon an enquiry, ...
Judgment
Judgment [fr. judgment, Fr.], judicial determination; decision of a Court.Under the former practice of the superior Courts, this term was usually applied only to the Common Law Courts, the term 'decree' being in general use in the Court of Chancery. The expression 'Judg-ment,' however, is now used generally except in matrimonial causes, the term 'judgment' including 'decree' [(English) Jud. Act, 1925, s. 225, replacing Jud. Act,1873, s. 100].The several species of judgments are either:-(a) Interlocutory, given in the course of a cause, upon some plea, proceeding, or default, which is only intermediate, and does not finally determine or complete the action. See INQUIRY; SUMMONSES; and ORDERS; and the various titles of the subjects of such judgments as MANDAMUS; INJUNC-TION, etc.(b) Final, putting an end to the action by an award of redress to one party, or discharge of the other, as the case may be.By the (English) C.L.P. Act,1852, s. 120, a plaintiff or defendant having obtained a verd...
Impair
Impair, when a construction is alleged to materially impair the value or utility of a building, the construction should be of such a nature as to substantially diminish the value of the building either from the commercial and monetary point of view or from the utilitarian aspect of the building, Om Pal v. Anand Swarup, (1988) 4 SCC 545: (1988) Supp 3 SCR 391.Impair, means to diminish the value of (property or property right). This term is commonly used in reference to diminishing the value of a contractual obligation to the point that the contract becomes invalid or a party loses the benefit of the contract, Black's Law Dictionary, 7th Edn., p. 754....
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. ...
Gaming or gambling
Gaming or gambling, the playing any game of chance, as cards, dice, etc., for money, or money's worth.The still unrepealed 33 Hen. 8, c. 9, prohibits the keeping of any common house for dice, cards, or any unlawful games, under penalties of 40s. for every day of so keeping the house, and 6s. 8d. for every time of playing therein; and the (English) Gaming Act, 1738 (12 Geo. 2, c. 28) (applied by the Gaming Act, 1739 (13 Geo. 2, c. 19), to all games with dice, except backgammon, and by the (English) Gaming Act, 1744 (18 Geo. 2, c. 34), to 'roulet, otherwise roly-poly'), declares hazard and other games to be lotteries, so that the keepers of tables for them are liable to penalties under the (English) Lotteries Act, 1721 (8 Geo. 1, c. 2), the (English)Lotteries Act, 1710 (9 Anne, c. 6), and the Lotteries Act, 1698 (10 & 11 Wm. 3, c. 17); the system ofincorporation of previous statutes by referencebeing carried very far in gaming legislation.Gaming in Public-houses, etc.--Sect. 79 of the (E...
Gaining wrongfully
Gaining wrongfully, A person is said to gain wrongfully when such person retains wrongfully, as well as when such person acquires wrongfully. A person is said to lose wrongfully when such person is wrongfully kept out of any property, as well as when such person is wrongfully deprived of property. (Indian Penal Code, s. 23)...
Ferry
Ferry, the right to carry persons and their goods in boats across a river, and to take toll for such carriage. It is a franchise, and can only be created by a grant from the Crown, prescription which presumes such a grant, or Act of Parliament; see Simpson v. Att.-Gen., 1904 AC 490. The owner if he lose his traffic by the competition of a railway bridge can get no compensation under the Lands Clauses Act, Hopkins v. Great Northern Railway Co., (1877) 2 QBD 224. See also Cowes Urban District Council v. Southampton, etc., Co., (1905) 2 KB 287; Hammerton v. Dysart (Earl), 1916 AC 57; General Estates Co. v. Beaver, (1914) 3 KB 918. As to the duties of common ferrymen, see 1 Shower, 140. As to the acquisition of ferries by local authorities, see the (English) Ferries (Acquisition by Local Authorities) Act, 1919.It includes a bridge of boats, pontoons or rafts, a swing bridge, a fly-bridge and a temporary bridge and the approaches to, and landing places of, a ferry. [Railways Act, 1989 (24 o...
Dispauper
Dispauper, when a person by reason of his poverty is admitted to sue in forma pauperis, and afterwards, before the suit be ended, acquires any lands or personal estate, or is guilty of anything whereby he is liable to have this privilege taken from him, then he loses the right to sue in forma pauperis (see that title), and is said to be dispaupered. See R. S. C., Ord. XVI., r. 29....
Bonded warehouse
Bonded warehouse, a warehouse licensed by the Commissioners of Customs and Excise for the storing of dutiable goods without payment of the duty until they are 'cleared,' i.e., taken away. So called owing to the bond into which it is necessary to enter in order to secure that the Crown does not lose the duty by the goods being removed into the country without payment. Goods in such a warehouse are said to be 'in bond.'...
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