May And Shall - Law Dictionary Search Results
Home Dictionary Name: may and shallMay and shall
May and shall, The word 'may' in s. 363 does not mean 'shall', and that the Magistrate has under that s. a discretion whether he should pass an order for demolition or not, Corporation of Calcutta v. Mulchand Agarwala, AIR 1956 SC 110: (1955) 2 SCR 995.(ii) The word may' is capable of meaning 'must' or 'shall' in the light of the context and that where a discretion is conferred upon a public authority coupled with an obligation, the word 'may' which denotes discretion should be construed to mean a command, Shri Rangaswami, the Textile Commissioner v. Sagar Textiole Mills (P) Ltd., AIR 1977 SC 1516: (1977) 2 SCC 578: (1977) 2 SCR 825.(iii) As observed in Craies On Statute Law, 7th edn., page 229, the expression 'may' and 'shall' have often been subject of constant and conflicting interpretation. 'May' is a permissive or enabling expression but there are cases in which for various reasons as soon as the person who is within the statute is entrusted with the power, it becomes his duty to ...
Separate estate
Separate estate. The Common Law did not allow a married woman to posses any property independently of her husband, but when property was settled to her separate use and benefit, equity treated her, in respect to that property, as a feme sole, or unmarried woman. A wife's separate property might be acquired by a pre-nuptial contract with her husband, or by gift, either from the husband, or from any other person. the (English) Married Women's Property Act, 1882 (see MARRIED WOMEN'S PROPERTY), almost abolished the Common Law distinction between married and unmarried women in respect of property, and the amending (English) Act of 1893 (56 & 57 Vict. c. 63) provided (s. 1) that:-1. Every contract hereafter entered into by a married woman otherwise than as agent,(a) shall be deemed to be a contract entered into by her with respect to and to bind her separate property whether she is or is not in fact possessed of or entitled to any separate property at the time when she enters into such contr...
Poaching
Poaching, taking name by trespass. Also taking fish, e.g., salmon and trout by illegal methods (see infra).Trespassing in the daytime in pursuit of 'game'--i.e., hares, pheasants, partridges, grouse, heath or moor game, black game, or bustards--or woodcock, snipe, quails, landrail, or rabbits, is punishable summarily by fine up to 2l., and in case of a trespass by five or more, up to 5l.; the leave of the occupier being no defence if the landlord or other person have by reservation the right to kill the game. [See (English) GAME ACT, 1831, ss. 2, 30]Unlawfully taking in the night, i.e., between the expiration of the first hour after sunset and the commencement of the first hour before sunrise, 'game,' as above defined, is punishable summarily by imprisonment with hard labour; and any persons, to the number of three or more, by night unlawfully entering lands, for the purpose of taking or destroying any 'game,' as above defined, or rabbits (any of them being armed with any gun or other ...
May presume and shall presume
May presume and shall presume, The expressions 'may presume' and 'shall presume' are defined in s. 4 of the Evidence Act. The presumptions falling under the former category are compendiously known as 'factual presumptions' or 'discretionary presumptions' and those falling under the latter as 'legal presumptions' or 'compulsory presumptions'. When the expression 'shall be presumed' is employed in s. 20(1) of the Act it must have the same import of compulsion, M. Narsinga Rao v. State of A.P., AIR 2001 SC 318 (321): (2001) 1 SCC 691 [Indian Evidence Act, 1872, s. 4]...
Bond
Bond [fr. binda, band, bunden, A. S., to bind], a written acknowledgement or binding of a debt under seal. See DEED. No technical form of words is necessary to constitute a bond; see Gerrard v. Clowes, (1892) 2 QB 11; Strickland v. Williams, (1899) 1 QB 382. The person giving the bond is called the obligor, and he to whom it is given the obligee. A bond is called single (simplex obligatio) when it is without a penalty, but there is generally a condition added, that, if the obligor does or forbears from some act, the obligation shall be void, or else shall remain in full force, and the bond is then called a double or conditional one; see Dav. Prec. Vol. V., pt. Ii., p. 268. When a bond contains a penalty, which is generally double the amount of the principal sum secured, only the sum actually owing, with interest, can be recovered, and in no case can this exceed the amount appearing on the face of the bond. See 8 & 9 Wm. 3, c. 11, s. 8; Re Dixon, (1900) 2 Ch 561.Although it is unnecessa...
Shall and may
Shall and may, 'shall' must normally be construed to mean 'shall' and not 'may', for the distinction between the two is fundamental, Govindlal Chagganlal Patel v. Agricultural Produce Market Committee, AIR 1976 SC 263: (1975) 2 SCC 482: (1976) 1 SCR 451....
Dangerous place
Dangerous place. S. 30 of the (English) Public Health Acts Amendment Act, 1907 (7 Edw. 7, c. 53), provides as follows:-30. With respect of the repairing or enclosing of dangerous places the following provisions shall have effect (namely):-(1) If in any situation fronting, adjoining, or abutting on any street or public footpath, any building, wall, fence, steps, structure or other thing, or any well, excavation, reservoir, pond, stream, dam or bank is, for want of sufficient repair, protection, or enclosure, dangerous to the persons lawfully using the street or footpath, the local authority may, by notice in writing served upon the owner, require him, within the period specified in the notice and hereinafter in this s. referred to as the 'prescribed period,' to repair, remove, protect, or enclose the same so as to prevent any danger therefrom:(2) If, after service of the notice on the owner, he shall neglect to comply with the requirements thereof within the prescribed period, the local...
Notice of admit
Notice of admit. The parties to a suit may, by their solicitors, agree to admit at the trial documents and facts; and such agreement often saves trouble and expense, where there is no ground for disputing them.'Either party may call on the other by notice of admit any document saving all just exceptions, and in case of refusal, or neglect to admit, the costs of proving the document shall be paid by the party neglecting or refusing, whatever the result of the cause may be, unless at the hearing or trial the judge shall certify that the refusal was reasonable; and no costs of proving any document are allowed unless notice be given, except where the omission to give the notice is a saving of expense' (R.S.C., Ord. XXXII., r. 2). This rule is frequently acted upon. There is another (rule 4), providing for a notice to admit facts first introduced in 1883, and not so much used....
Costs
Costs, expenses incurred in litigation or professional transactions, consisting of money paid for stamps, etc., to the officers of the Court, or to the counsel and solicitors, for their fees, etc.Costs in actions are either between solicitor and client, being what are payable in every case to the solicitor by his client, whether he ultimately succeed or not; or between party and party, being those only which are allowed in some particular cases to the party succeeding against his adversary, and these are either interlocutory, given on various motions and proceedings in the course of the suit or action, or final, allowed when the matter is determined.Neither party was entitled to costs at Common Law, but the Statute of Gloucester (6 Edw. 1, c. 4), gave cots to a successful plaintiff, and 2 & 3 Hen. 8, c. 6, and 4 Jac. 1, c. 3, to a victorious defendant; see Garnett v. Bradley, (1878) 3 App Cas 944.In proceedings between the Crown and a subject the general rule is that the Crown neither ...
Magna Carta
Magna Carta, [Latin 'great charter'] The English charter that King John granted to the barons in 1215 and Henry III and Edward I later confirmed. It is generally regarded as one of the great common-law documents and as the foundation of constitution liberties. The other three great charters of English Liberty are the Petition of Right (3 Car. (1628)), the Habeas Corpus Act (31 Car. 2 (1679)), and the Bill of Rights (1 Will. SM. (1689)). Also spelled Magna charta, Black's Law Dictionary, 7th Edn., p. 963.This Great Charter is based substantially upon the Saxon Common Law, which flourished in this kingdom until the Normaninvasion consolidated the system of feudality, still the great characteristic of the principles of real property. The barons assembled at St.Edmund's Bury, in Suffolk, in the later part of the year 1214, and there solemnly swore upon the high alter to withdraw their allegiance from the Crown, and openly rebel, unless King John confirmed by a formal charter the ancient li...
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