M Re - Law Dictionary Search Results
Home Dictionary Name: m re Page: 2Contract
Contract, an agreement between competent parties, to do or to abstain from doing some act. For numerous other definitions, see Chalmers's Sale of Goods Act, App. II., where it is said that the 'disposition of the best modern writers appears to be to define ' contract ' as an agreement enforce-able at law,' but contended that this definition seems rather too narrow.Every contract is founded upon the mutual agree-ment of the parties; the other essentials are legality, capacity (depending on age, mental ability, sex and status) a mutual identity of consent (consensus ad idem), and form. When an agreement is stated either verbally or in writing it is usually called an express contract; when the agreement is matter of inference and deduction, it is called n implied contract. (See IMPLIED CONTRACT.)Contract, which provides that the price includes the cost of the goods, the freight and the insurance premium for the transit, Halsbury's Laws of England, Vol. 3(1), para 253, p. 210.Contracts may...
Population
Population, means the population of the municipal borough as ascertained at the preceding census, Nyamatkhan v. State, AIR 1994 Guj 64.As to the mode of ascertaining the 'population' of a municipal borough according to the returns of the last census, q.v., for the purposes of investment in its stock under s. 1 (m) of the (English) Trustee Act, 1925, see Re Druitt, (1903) 1 Ch 446.Population means the population ascertained at the last preceding census of which the relevant figures have been published. [Manipur Municipalities Act, 1994 (43 of 1994), s. 2(43)]Means the population as ascertained at the last preceding census of which the relevant figures have been published. [Constitution of India, Article 243(f)]...
Relation
Relation, where two different times or other things are accounted as one, and by some act done the thing subsequent is said to take effect 'by relation' from the time preceding. Thus letters of administration relate back to the intestate death, and not to the time when they were granted; see Re Pryse, 1904, P. 301; Fosterv. Bates, (1843) 12 M. & W. 226. See FORFEITURE; BANKRUPTCY; TRESPASS....
Manufacture
Manufacture, implies a change but every change is not manufacture. But something more is necessary and there must be transformation, a new and different article must emerge having a distinctive name, character or use, Hindustan Poles Corporation v. Commissioner of Central Excise, (2006) 4 SCC 85: (2006) 4 JT 185: (2006) 3 SCALE 601: (2006) 4 SLT 445: (2006) 3 SCJ 645: (2006) 6 SCJ D 230: (2006) 145 STC 625: (2006) 196 ELT 400.Manufacture, implies a change, but every change is not manufacture and yet every change of an article is the result of treatment, labour and manipulation. But something more is necessary and there must be transformation; a new and different article must emerge having a distinctive name, character or use, Union of India v. Delhi Cloth and General Mills, AIR 1963 SC 791.Implies a change, but every change is not manufacture and yet every change of an article is the result of treatment, labour and manipulation. But something more is necessary and there must be transfo...
Repeal
Repeal, a revocation or abrogation. Repeal of one act of Parliament by another is either express or implied, the rule being that a later Act repeals a former one if contradictory thereto, Leges posteriores priores contrarias abrogant. By s. 11 of the Inter-pretation Act, 1889, re-enacting s. 5 of Lord Brougham's Act (13 Vict. c. 21), where an Act passed after 1850 repeals a repealing enactment, it does not revive any enactment previously repealed. And by s. 38 of the same Act, where any Act passed after January 1st, 1890, repeals and re-enacts any provisions of a former Act, references in any other Act to the provisions so repealed are to be construed as references to the provisions so re-enacted, as had been already specially provided in the consolidating Public Health Act, 1875, by s. 313, and Factory and Workshop Act, 1878, by s. 102, and see R. v. Minister of Health, Ex p. Villiers, (1936) 2 KB 29.Abrogation of an existing law by legislative act, Black's Law Dictionary, 7th Edn., p...
Army (UK)
Army (UK) [fr. armee, Fr.], the military force of a country. From1689 to 1879, the army was regulated by Annual Mutiny Acts usually expiring in April, and by the 'Articles of War' which those Acts empowered the sovereign to make. In 1879 the Army Discipline Act (42 & 43 Vict. c. 33) consolidated the provisions of the Mutiny Act with the Articles of War. This Act having been amended by the Army Discipline and Regulation Annual Act, 1881, which substituted 'summary' for corporal punishment, and also by the Regulation of the Forces Act, 1881, a fairly complete military code is now contained in the 'Army Act, 1881' (44 & 45 Vict. c. 58), now styled the 'Army Act' simply, by virtue of s. 4 of the Army (Annual) Act, 1890.The Army Act requires to be annually renewed by an Act passed for that purpose called the 'Army (Annual) Act.' Such annual Act follows the precedent of the Mutiny Acts is reciting the illegality of a standing army in time of peace without consent of Parliament (as declared b...
Maritime lien
Maritime lien, is well defined to mean a claim or privilege upon a thing to be carried into effect by legal process, that process to be a proceeding in rem ...... This claim or privilege travels with the thing into whosoever possession it may come. It is inchoate from the moment the claim or privilege attaches, and when carried into effect by legal process by a proceeding in rem, relates back to the period when it first attached, Bold Buccbugh, The (1852) 7 Moo PCC 267: (1843-60) All ER Rep 125.A maritime lien is a claim which attaches to the res i.e., the ship, freight, or cargo. It may arise ex delicto, e.g., compensation for damage by collision, or ex contractu, for services rendered to the res; but it is strictly confined to services such as salvage, supply of necessaries to the ship, and seamen's wages, and the courts show no tendency to extend the privilege (see The Ripon City, 1897, P. 226). Thus for ordinary work done upon a ship, such as repairs, there will be no maritime lien...
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...
Uses
Uses (History). A use is the intention or purpose, express or implied, upon which property is to be held. The Common Law treated the actual possessor for all purposes as the owner of the property. It was not difficult to find him out, since the possession of his estate was conferred upon him by a formal and notorious ceremony, technically called livery of seisin, which was performed openly and in the presence of the people of the locality.It soon became evident that the simple rules of the Common Law were stumbling-blocks to the complicated wants of an enterprising people.Hence ingenuity was sharpened to hit upon a device which should set at nought the rigidity of existing law and formalities.A system was found by the monastic jurists upon a model furnished by the Civil Law, which, by a nice adaptation, evaded, without overturning, the Common Law. Two methods of transferring realty began to co-exist in this country-the ancient Common Law system, and the later invention, which is denomi...
Unclaimed property
Unclaimed property. This devolves on the Crown at Common Law. Unclaimed property may be dealt with under the heads of (1) Government Stock, (2) Chancery Funds, (3) Stock in Public Companies, (4) Bankers' Balances, (5) Deposits with Bankers for Safe Custody, and (6) Found Property.(1) Government Stock.-The National Debt Act, 1870 (33 & 34 Vict. c. 71), ss. 51 et seq., as extended by 20 & 21 Geo. 5, c. 28, s. 49 provides that stock on which no dividend has been claimed for ten years must be transferred to the National Debt Commissioners. Lists of names in which the stock stood, with residence, description and amount of stock and date of transfer, are to be kept at the Bank of England [or Ireland, but see 13 Geo. 5, c. 2, s. 6 (d)] and at the National Debt Office, open to inspection, and also kept in duplicate at the National Debt Office. The stock may be re-transferred to persons showing title after, in the case of stock exceeding 20l., three months' public notice by advertisement. A sec...
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