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maxwell

A cgs unit of magnetic flux abbreviated Mx it is equal to the magnetic flux passing through one sqaure centimeter which is normal to a magnetic field of one gauss...

Mx

The symbol for the maxwell a cgs unit of magnetic flux...

Articles, Marriage, An agreement made in consideration of marriage, generally to secure a provision by conveyance or settlement for the spouses or one of them and the children of the marriage, must, under the Statute of Frauds, 29 Car. 2, c. 3, s. 4, be in writing and will not be enforced unless evidenced in writing, see Montacute v. Maxwell, 1 P Wms 618, and Butterfield v. Heath, (1852) 15 Beav 408. In equity the Articles are considered as minutes of agreement and to create executory trusts, and the Court will give effect to the intention accordingly without strict or any regard to an improper or informal use of words, see Stamford v. Hobart, (1710) 3 Br PC (Tomk. Ed) 31, and Blandford v. Marlborough, (1743) 2 Atk. 542, and therefore the rule in Shelley's Case (now abolished in regard to instruments coming into operation after 1925, see Law of Property Act, 1925, s. 131) was not applied in construing or executing the Articles. See Norton on Deeds....

Casus omissus

Casus omissus, a point unprovided for: if by statute, the omission can be remedied by another statute only (Mersea Docks case, (1888) 13 App Cas 602, per Lord Halsbury); and see Reg. v. Arnold, (1864) 5 B&S 322; Hardcastle on Statutes and Maxwell on Statutes.See also Nalinabhya Byseck v. Shyam Sunder Haldar, 1953 SCR 533: AIR 1953 SC 148....

Directory Statute

Directory Statute. The term directory, when applied to a statute (or part of a statute) which enjoins or forbids the doing of certain acts, is used in two different senses:-(I) As opposed to declaratory, i.e., a statute which merely declares what the Common Law is, 1 Bl. Com. 54 and 86.(II) As opposed to imperative. When a statute directs that an act should be done in a specific manner, or authorizes it upon certain conditions, if a strict compliance with its provisions is not essential to the validity of the act, it is said to be directory, although the performance might be enforced by mandamus, but if such compliance is essential, it is said to be imperative. See per Lord Mansfield in R. v. Loxdale, (1758) 1 Burr. 445; Maxwell on Statutes...

Ejusdem generis

Ejusdem generis (of the same kind or nature).of the same kind or nature, Black's Law Dictionary, 7th Edn., p. 535.This term is chiefly used in cases where general words have a meaning attributed to them less comprehensive than they would otherwise bear, by reason of particular words preceding them: e.g., the (English) Sunday Observance Act, 1677 (29 Car. 2, c. 7), enacts that no tradesman, artificer, workman, labourer, 'or other person whatsoever,' shall follow his ordinary calling on Sunday; here [see Sandiman v. Breach, (1827) 7 B&C 96] the word 'person' is confined to those of callings of the same kind as those specified by the preceding words, so as not to include a farmer. The ejusdem generis rule, as it is called, is one of the rules of construction applied by the Court in construing documents of all kinds, whether statutes, deeds, wills, mercantile docu-ments, or others. For a discussion of the rule, see Tillmanns & Co. v. S.S. Knutsford, Ltd., (1908) 2 KB 385, affirmed, (1908) ...

Immediately

Immediately, in a statute, means within a reasonable time. See Maxwell on Statutes, 2nd Edn. 423.The expression 'immediately' is only meant to convey 'reasonable dispatch and promptitude' and no more, Tulsiram v. State of Madhya Pradesh, AIR 1985 SC 299: (1984) 4 SCC 487: (1985) 1 SCR 949.The word 'immediately' is interpreted to convey 'reasonable despatch and promptitude' intending to convey a sense of continuity rather than urgency, Rajendra v. State of Madhya Pradesh, AIR 1991 SC 1757 (1759): (1991) 3 SCC 620. [Prevention of Food Adulteration Rules, 1955, R. 9A ]The word 'immediately' connotes proximity in time to comply and proximity in taking steps to re-sell on failure to comply the requirement of deposit as first condition that is to take place within relatively short-interval of time and without any other intervening recurrence, Rao Mahmood Ahmed Khan v. Ranbir Singh, 1995 Supp (4) SCC 275: AIR 1995 SC 2195 (2198). [U.P. Zamindari Abolition and Land Reform Rules (1952), R. 285 ...

Lawful

Lawful. The natural meaning in a statute of the words 'it shall be lawful' is permissive only, but if the words are used to effectuate a legal right, they are compulsory, Julius v. Bishop of Oxford, (1880) 5 App Cas 182; see Craies, or Maxwell or Hardcastle on Statute Law....

Preamble

Preamble, in the British Parliament, a Preamble is not often incorporated now in a public Bill, however, it appears in a Bill of great Constitutional importance or in a Bill to give effect to international conventions, Parliamentary Practice, Erskine May, 22nd Edn., 1977, p. 462.Preamble, introduction, preface; also the beginning of an Act of Parliament, etc., serving to portray the interests of its framers, and the mischiefs to be remedied; a good mean to find out the meaning of the statute, and as it were a key to open the understanding thereof, 1 Inst. 79 a; and see the Sussex Peerage Case, (1844) 11 Cl&F 143; Winn v. Mossman, (1869) LR 4 Ex 299; Maxwell on Statutes; Hardcastle on Statutes; Mew's Digest, tit. 'Statute'; the effect of the cases being that as a general rule the preamble is to be resorted to only in case of ambiguity in the statute itself.Preamble, which in early (English) Acts (see, e.g., 4 & 5 W. & M. c. 18, the Act of Settlement, and the Irish Act, 1 Car. 1, c. 1), ...

Punctuation

Punctuation has no place in deeds or weight in Acts of Parliament. See Maxwell on Stat....

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