May And Shall - Law Dictionary Search Results
Home Dictionary Name: may and shall Page: 4Savings banks
Savings banks, institutions for the safe custody and increase of the small savings of the poor. See Chitty's Statutes, tit. 'Savings Banks.' They are: (1) Trustee; (2) Post Office; (3) Military; (4) Statutory; (5) Uncontrolled.(1) Trustee Savings Banks are regulated by a long series of Acts (the Trustee Savings Banks Acts, 1861 to 1934), which provide that they must not be described in a manner which implies that the Government is responsible to depositors, that the money received must be paid to the Bank of England or Ireland and carried to an account kept in the names of the National Debt Commissioners, and that annual accounts must be sent to the Commissioners. An 'Inspection Committee,' estab-lished under the Savings Bank Act, 1891, has extensive powers of supervision for the purpose of detecting any breaches of the Acts or rules regulating a bank. Deposits by any depositor in more than one Trustee Savings Bank is prohibited, and the Treasury have power to limit the amount from one...
Judicial separation
Judicial separation, granted either to husband or wife on the ground of adultery, cruelty, rape, sodomy, bestiality, non-compliance with a decree for restitution of conjugal rights, or desertion without cause for two years and upwards [(English) Judicature Act, 1925, s. 185]; also by justices, under the Married Women (Maintenance) Acts, 1895 to 1925, to the wife, on the conviction of the husband of aggravated assault, or on the ground of persistent cruelty, forcing her to live apart from him, or on the ground of his being an habitual drunkard [(English) Licensing Act, 1902,s. 5]; and relief can also be obtained by a husband where the wife is an habitual drunkard (ibid.). Under Maintenance Acts the husband can be ordered to make weekly payments to his wife, which can be enforced by imprisonment [R. v. Richardson, (1909) 2 KB 851], but her judgment creditor cannot obtain equitable execution by the appointment of a receiver of such payments, Paquine v. Snary, (1909) 1 KB 688. See also Sum...
Defection
Defection, entails disqualification of a member of an Indian Legislature, Constitution of India, Art. 102, 10th Sch.Disqualification, does not apply in case of a merger of his party with another political party but not in case of a split in the original party, Constitution of India, 10th Sch., paras 4 & 5.Speaker, Deputy Speaker of Lok Sabha, Chairman, Deputy Chairman of Rajya Sabha, Speaker and Deputy Speaker of a State Legislative Assembly and Chairman and Deputy Chairman of Legislative councils of State are exempted from disqualification as long as he holds that office and does not join any other party, Law of Elections, P.D.T. Achary, 2004, p. 190.Decision on questions, as to disqualification on ground of defection shall be of the Speaker of the Chairman, as the case may be, of the House to which the member belongs, the question of disqualification of the Speaker or the Chairman shall be decided by a member to be elected by that House, no Court has any jurisdiction in the matter of...
Foreign law
Foreign law in the courts of this country is a question of fact, which is decided by the judge, not the jury (Administration of Justice Act, 1920, s. 15). See LAW, QUESTIONS OF, and SKILLED WITNESS. By the (English) Foreign Law Ascertainment Act, 1861 (24 & 25 Vict. c. 11), the High Court of Justice may remit a case with queries to foreign courts of the countries with which a convention shall have been entered into for the purpose by the British Crown for ascertainment of the foreign law, and may apply the opinion obtained to the facts of the case. According to a note in the Annual Practice, 1936 p. 658, 'in the only case in which it is known to have been used, the report of the foreign authority was received through the diplomatic channel and was filed in the Central Office, in the same way as depositions are filed; an office copy being taken for use.'...
Enticement
Enticement, means whoever takes or entices away any woman who is and whom he knows or has reason to believe to be the wife of any other man, from that man, or from any person having the case of her on behalf of that man, with intent, that she may have illicit intercourse with any person, or conceals or detains with that intent any such woman, shall be punished with imprisonment of either description for term which may extend to two years, or with fines, or with both. [Indian Penal Code, 1860 (45 of 1860), s. 498]Promise to marry a minor girl and on that basis, she abandone her lawful guardian, would amount to enticement, Maniram Hazrika v. State of Assam, (2004) 5 SCC 120: AIR 2004 SC 2472 (2474). (Penal Code, 1860, s. 361).An action lies for damages suffered by the enticement of a person under an obligation to the plaintiff as by a married woman against another woman for enticing away her husband, Newton v. Hardy, (1933) 149 LT 165; see also Elliot v. Albert, (1934) 1 KB 650, loss of ...
modal auxiliary
Any one of the auxiliary verbs of English such as can may will shall must might could would or should which are used together with the infinitive form of another verb to express distinctions of mood2 such as uncertainty possibility command emphasis and obligation...
Custos rotulorum
Custos rotulorum (the keeper of the rolls or records of the county). A principal justice of the peace within the county, by whom the clerk of the peace is appointed, Harding v. Pollock, (1829) 6 Bing. 25; 37 Hen. 8, c. 1. By s. 5 of the (English) Local Government (Clerks) Act, 1931 (21 & 22 Geo. 5, c. 45), the clerk of the peace, subject to the powers of the custos rotulorum, or the county council, as the case may require, shall have charge of and be responsible for the records and documents of a county in England....
Shall
Shall, a word of slippery semantics in a rule is not decisive and the context of the statute, the purpose of the prescription, the public injury in the event of neglect of the rule and the conspectus of circumstances bearing on the importance of the condition have all to be considered before condemning a violation as fatal, State of Punjab v. Shamlal Murari, (1976) 1 SCC 719.Shall, does not always mean that an act is obligatory or mandatory and it depends upon the context in which the word 'shall' occurs and the other circumstances, Ramnath Narayana Mauzo of Margoa v. Union Government of India, AIR 1968 Goa 85.Shall, does not always mean that the enactment is obligatory or mandatory. It depends upon the context in which the word shall occurs and the other circumstances, State of Madhya Pradesh v. Azad Bharat Finance Co., (1966) (Supp) SCR 473: (1967) 1 SCJ 815.Shall, in a statute, though generally taken in a mandatory sense, does not necessarily mean that in every case it shall have th...
Wills
Wills. A will is the valid disposition by a living person, to take effect after his death, of his disposable property. ''But in law ultima voluntas in scriptis is used, where lands or tenements are devised, and testamentum, when it concerneth chattels': Co. Litt. 111 a.Depository of Will of Living Person.-By the (English) Jud. Act, 1925, s. 172, replacing s. 91 of the Court of Probate Act, 1857:-There shall, under the control and direction of the High Court, be provided safe and convenient depositories for the custody of the wills of living persons, and any person may deposit his will therein.And see (English) Administration of Justice Act, 1928 (18 & 19 Geo. 5, c. 26), s. 11, as to deposit of wills under control of the High Court.Law before 1838.-The right of testamentary aliena-tion of lands is a matter depending on Act of Parliament. Before 32 Hen. 8, c. 1, a will could not be made of land, and before the Statute of Frauds a will (see NUNCUPATIVE WILL) could be made by word of mouth...
May
May, Prima facie the word 'may' must be given its ordinary and natural meaning. Primarily it is permissive in its meaning and until the contrary is established the word 'may' in section 6 of the Criminal (Amendment) Act could be read to mean that 'It shall be lawful'. There is nothing in the provisions of the Act, which would compel a court to give to the word 'may' in section 6 of the Act a meaning other than its ordinary meaning and to interpret it as 'shall', State v. Surajdeo Sinha, 1953 BLJR 571: 1954 Cr LJ 139: 1954 Pat 80.The word 'may' does not always import that the matter is discretionary with the court in exercising its functions. Similarly, 'shall' sometimes imports that the matter is entirely discretionary with the court in exercise of its functions, State of Uttar Pradesh v. Jogendra Singh, 1963 SC 1613; State of Uttar Pradesh v. Manbodan Lal, 1957 SC 912; Kamar Singh v. Delhi Administration, 1965 SC 971; Banwari Lal v. State of Bihar, 1961 SC 849; Narayana Rao v. State o...
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