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National Assembly of the Church of England

National Assembly of the Church of England. 'The assembly constituted in accordance with the constitution set forth in the appendix to the address presented to His Majesty by the Convocations of Canterbury and York on the 10th day of May, 1919, and laid before Parliament' (Church of England Assembly (Powers) Act, 1919). The Church Assembly consists of the House of Bishops (i.e., members of the Upper Houses of the two Convocations), the House of Clergy (i.e., members of the two Lower Houses), and the House of Laity, which consists of representatives from the two Provinces of Canterbury and York elected in accordance with the Rules contained in the Schedule to the Representation of the Laity Measure, 1929 (19 & 20 Geo. 5, No. 2). Measures passed by the Assembly are examined by an Ecclesiastical Committee consisting of 15 members of the House of Lords appointed by the Lord Chancellor, and 15 members of the House of Commons appointed by the Speaker. This Committee reports to Parliament. On...


Money circulation scheme

Money circulation scheme, means any scheme, by whatever name called, for the making of quick or easy money, or for the receipt of any money or valuable thing as the consideration for a promise to pay money, on any event or contingency relative or applicable to the enrolment of members into the scheme, whether or not such money or thing is derived from the entrance money of the members of such scheme or periodical subscriptions. [Prize Chits and Money Circulation Scheme (Banning) Act, 1978, (43 of 1978), s. 2(c)]To be a money circulation scheme, a scheme must be for the making of quick or easy money on any event or contingency relative or applicable to the enrolment of the members into the scheme. The scheme has necessarily to be judged as a whole, both from the viewpoint of the promoters and also of the members, State of West Bengal v. Swapan Kumar Guha, AIR 1972 SC 949 (976). [Prize Chits and Money Circulation Schemes (Banning) Act, 1978 , s. 2(c)]...


Family unit

Family unit, under the definition of 'family unit' in s. 3(f) of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 the divided minor son would clearly be included in the 'family unit' and by reason of S. 4, his land, whether self-acquired or obtained on partition, would be liable to be clubbed with the lands held by the other members of the 'family unit'. The land obtained by the divided minor son on partition would be liable to be aggregated with the lands of other members of the family unit not because the partition is invalid but because the land held by him, howsoever acquired, is liable to be clubbed with the lands of other members for the purpose of applying the ceiling area to the 'family unit', Thumati Venkaiah v. State of Andhra Pradesh, AIR 1980 SC 1568: (1980) 4 SCC 295: (1980) 3 SCR 1143.No distinction has been made in the definition of family unit between a divided minor son and an undivided minor son. Both stand on the same footing and a divided...


Election

Election, the word 'election' means any and every act taken by the competent authority after the publication of the election notification, Manda Jaganath v. K.S. Rathnam, (2004) 7 SCC 492: AIR 2004 SC 3601 (3604).The act of selecting one or more from a greater number for an office.The exercise of his choice by a man left to his own free will to take or to do one thing or another. It is the obligation imposed upon a person to choose between two inconsistent or alternative rights or claims. Thus, in Scarf v. Jardine, (1882) 7 App Cas 345, the House of Lords held that a customer could not sue a new firm after having elected to sue a retiring partner.Electio semel facta et placitum testatum non patitur regressum. Quod semel placuit in electionibus amplius displicere non potest. Co. Litt. 146, 146 a.--(Elections once made and plea witnessed suffers not a recall. What has once pleased a man in elections cannot displease him on further consideration.) See also Re Simms, Ex p. Trustee, 1934 Ch...


Cabinet

Cabinet, is an inner body within the Council of Ministers which is responsible for formulating the policy of the Government. The Council of Ministers is collectively responsible to Lok Sabha. It is headed by the Prime Minister who determines which of the Ministers should be members of the cabinet. Only cabinet ministers have a right to attend its meetings. Minister of State attend its meetings only on a special invitation. The total number of ministers, including the Prime Minister, in the council of ministers should not exceed fifteen per cent of the total number of members of the House of the People, Practice and Procedure of Parliament, M.N. Kaul & S.L. Shakdher, 5th Edn., p. 133 [Arts. 75 and 75A, Constitution of India]In many commonwealth countries, cabinet is modelled on British pattern. In Canada, composition of cabinet is influenced by regional considerations. Australia follows the British practice of including only selected ministers in the cabinet, Practice and Procedure of P...


Broadcast

Broadcast, means communication to the public--(i) by any means of wireless diffusion, whether in any one or more of the forms of signs, sounds or visual images; or (ii)by wire, and includes a re-broadcast. [Copyright Act, 1957 (14 of 1957), s. 2 (dd)]Means a transmission by wireless telegraphy of visual images, sounds or other information which is capable of being lawfully received by members of the general public, or is transmitted for presentation to members of the general public, Halsbury's Laws of England, Vol. 6, 4th Edn., Para 203, p. 64.Means a transmission by wireless telegraphy of visual images, sounds or other information which is capable of being lawfully received by members of the public or is transmitted for presentation to members of the public and reference to broadcasting are to be construed accordingly, Halsbury's Laws of England, Vol. 9(2), 4th Edn., Para 89, p. 74....


Affirmation

Affirmation, a solemn declaration without oath; the being allowed to make it was an indulgence at first confined to the people called Quakers, and Moravians (9 Geo. 4, c. 32, s. 1; 3 & 4 Wm. 4, c. 49), and to Separatists (3 & 4 Wm. 4, c. 82), but was afterwards extended to all persons objecting to take an oath. See (English) Common Law Procedure Act, 1854 (17 & 18 Vict. c. 125), s. 20; 24 & 25 Vict. c. 66 (criminal proceedings); 30 & 31 Vict. c. 35, s. 8 (jurors); and particularly the (English) Evidence Amendment Act, 1869, s. 4 (extended to evidence before arbitrators and others by 33 & 34 Vict. c. 49, s. 1), under which persons having no religious belief were first allowed to affirm, the former statutes having applied only to persons prevented by a religious belief from swearing.The Act of 1869, however, did not apply to promissory oaths, e.g., to the oath directed by the Parliamentary Oaths Act, 1866, as amended by the Promissory Oaths Act, 1868, to be taken by Members of Parliament...


tribal court

tribal court : a court administered through self-government of an American Indian tribe esp. on a reservation and having federally prescribed jurisdiction over custody and adoption cases involving tribal children, criminal jurisdiction over offenses committed on tribal lands by members of the tribe, and broader civil jurisdiction over claims between tribe members and nonmembers NOTE: Criminal prosecutions of tribal members in tribal courts must respect constitutional rights specifically listed in the Indian Civil Rights Act, which also provides for a federal habeas corpus remedy in lieu of federal appellate review. Parties to a civil action that arguably falls within the jurisdiction of a tribal court must first exhaust remedies there before seeking adjudication in a federal court, whether they are both tribal members or not. A dispute over such jurisdiction is ultimately a federal question. ...


Private company

Private company. A 'private company' is defined by s. 26 of the (English) Companies Act, 1929, as follows:-Company privately formed by members who subscribe the whole of the capital among them-selves.26. --(1), For the purposes of this Act the expression 'private company' means a company which by its articles-(a) restricts the right to transfer its shares; and(b) limits the number of its members to 50, not including persons who are in the employment of the company and persons who, having been formerly in the employment of the company, were, while in that employment and have continued after the determination of such employment to be, members of the company; and(c) prohibits any invitation to the public to subscribe for any shares or debentures of the company.(2) Where two or more persons hold one or more shares in a company jointly they shall, for the purposes of this section, be treated as a single member.S. 27, ibid., provides that if a company alters its articles so that the provisio...


Roman Catholics

Roman Catholics. Very severe laws, commonly called the penal laws, were passed against Roman Catholics, generally under the name of Papists (see that title), after the Reformation, an Act of Elizabeth, for instance, 13 Eliz. c. 2, punishing with the penalties of a pr'munire (see that title) any person bringing into this country any Agnus Dei, cross, picture, etc., from Rome; an Act of James, 3 Jac. 1, c. 5, penalizing the sale or purchase of Popish primers; and an Act of William and Mary (11 & 12 Wm. 3, c. 4), punishing any Papist assuming the education of youth with imprisonment for life. Exclusion from Parliament was effected by the requirement of the Declaration against Trans-ubstantiation (see TRANSUBSTANT- IATION) from members of either House by 30 Car. 2, s. 2, and disfranchisement by the requirements of the Oath of Supremacy by 7 & 8 Wm. 3, c. 27, s. 19; while 7 & 8 Wm. 3, c. 24, effected (until 1791) exclusion from the profession of barrister, attorney, or solicitor by requirin...



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