Contra pacem (against the peace). It was formerly necessary, in indictments to allege that the offence was committed against the peace of our Lord the King (or Lady the Queen).-(English) Criminal Procedure Act, 1851, s. 24. See (English) Indict-ments Act, 1915....
Cream. By the (English) Artificia Cream Act, 1929 (19 & 20 Geo. 5, c. 32), 'cream' is defined as natural milk rich in milk fat which has been separated, and 'artificial cream' as containing no ingredient which is not derived from milk except water and substances allowed by the Food and Drugs (Adulteration) Act, 1928, in cream.the sale of anysubstance for human consumption under the word 'cream' is prohibited unless it is cream or artificial cream....
Electoral roll, The electoral roll referred to in s. 62(1) of the Representation of the People Act, 1951 must be understood to be the electoral roll that was in force on the last day for making the nominations for the election, Baidyanath Panjiar v. Sitaram Mahto, (1969) 2 SCC 447: AIR 1970 SC 314: (1970) 1 SCR 839.For being eligible to be included in electoral register, one has to be: (1) a resident in that Constituency, (2) should not be subject to any legal incapacity, (3) has to be either a Commonwealth citizen or a citizen of the Republic of Ireland, (4) has to be of 18 years of age or above on the date of poll, Parliamentary Practice Erskine May, 22nd Edn., 1997, p. 26.In U.K., it is known as electoral Register. The Representation of People Act, 1983 provides for the presentation of Registers of Parliamentary electors once a year and all persons who claim to vote must be registered before election, Parliamentary Practice, Erskine May, 22nd Edn., 1997, p. 28.Is known as 'voters' l...
Embracery, an attempt to influence a jury corruptly in favour of one party in a trial, by promises, persuasions, entreaties, money, entertainments, and the like. The punishment for this mis-demeanour in the person embracing and the juror embraced is, by the Common Law, and also by the (English) County Juries Act, 1825 (6 Geo. 4, c. 50),s. 61, fine and imprisonment....
Execution of criminals, must be performed by the legal officer-the sheriff, or his deputy. The Common Law mode of execution is by hanging, which until 1868 took place in public; but in that year the (English) Capital Punishment Amendment Act (31 & 32 Vict. c. 24), prescribed that the execution must take place within the walls of the prison, in presence of the sheriff, gaoler, chaplain, and surgeon of the prison, and such other officers of the prison as the sheriff requires, or allows. Public execution is, however, still necessary in the case of piracy with attempted murder. See PIRACY....
Government Analyst, means--(i) in relation to [Ayurvedic, Siddha or Unani] drug, a Government Analyst appointed by the Central Government or a State Government under s. 33F; and(ii) in relation to any other drug or cosmetic, a Government Analyst appointed by the Central Government or a State Government under s. 20. [Drugs and Cosmetics Act, 1940 (23 of 1940), s. 3(c)]The Government analyst would include all analysts appointed by the State Government as well as the Central Government. It is not in dispute that the Director of Central Laboratory is also a Government Analyst. [Drugs and Cosmetics Act, 1940, s. 20]. Ram Shankar Misra v. State of U.P., AIR 1979 SC 727 (728): (1980) 1 SCC 255....
House, Houses, See Special Reference No. 1 of 2002 (In Re Gujarat Assembly Matter, (2002) 8 SCC 237. [Constitution of India, Article 174(1)]As to what will pass under a grant of a 'house,' see St. Thomas's Hospital v. Charing Cross Ry.Co., (1861) 1 J. & H. at p. 404, per Wood, V.-C.; Co. Litt. 5 b. As to a devise of a 'house,' see Theobald on Wills; Jarman on Wills.Malicious injuries to houses by tenants, or by means of explosive substances, are punishable by the Malicious Damage Act, 1861 (24 & 25Vict. c. 97), ss. 9 and 13.'House 'under the Public Health 1936 Act, s. 43, means a dwelling-house, whether private or not; under the Housing Act, 1936, s. 187, includes any yard, garden, outhouses and appurtenances; under the Rent Restriction Acts, 1920-1935, a dwelling-house means a house let as a separate dwelling or a part of a house being a part so let (1933, s. 16); for other definitions, see respective statutes.The word 'house' would in its ordinary sense include any building irrespect...
Interpretation of Statute, it is well-settled that in construing the provisions of statute the Courts should be slow to adopt a construction which tends to make any part of the statute meaningless or ineffective. Thus, an attempt must always be made to reconcile the relevant provisions so as to advance the remedy intended by the Statute, Board of Muslim Wakfs v. Radha Kishan, AIR 1979 SC 289: (1979) 2 SCR 148.Interpretation of Statutes, as a general principle of interpretation, where the words of a statute are plain, precise and unambiguous, the intention of the legislature is to be gathered from the language of the statute itself and no external evidence such as parliamentary debates, reports of the commit-tees of the legislature or even the statement made by the Minister on the introduction of a measure or by the framers of the Act is admissible to construe those words. It is only where a statute is not exhaustive or where its language is ambiguous, uncertain, clouded or susceptible ...
Kissing the book, kissing the New Testament on taking an oath (see that title). This practice, which has of late years been much objected to on sanitary grounds, is peculiar to English Courts, and even in them has not been in use for much more than 150 years; the original practice having been for the witness only to place his hand on the New Testament in order to take the 'corporal oath' (see that title, and see Best on Evidence, 9th Edn., at p. 147).The practice of kissing the thumb, or some part of the Book instead of the Book itself, was emphatically condemned by the late Mr. Justice Byrne at the close of the Michaelmas sittings in 1901 (see Times for Dec. 23), who observed that there was no excuse whatever for a witness refraining from kissing the Book, when by taking advantage of the Oaths Act to swear by uplifted hand he could get rid of the obligation to swear in the ordinary form. The practice of kissing the thumb only, though followed by many to escape infection, is perhaps fo...
Licence and lease, A licence confers a right to do or continue to do something in or upon immovable property of grantor which but for the grant of the right may be unlawful, but it creates no estate or interest in the immovable property of the grantor. A lease on the other hand creates an interest in the property demised, Sohan Lal Naraindas v. Laxmidas RaghunathGadit, (1971) 1 SCC 276: (1971) 3 SCR 319[ Transfer of Property Act, 1882, s. 105]A tenant protected by a statute is entitled to create a licence. The licence is not an interest in property. It is purely a personal right, Chandavarkar Sita Ratna Rao v. Ashalata S. Guram, AIR 1987 SC 117 (132): (1986) 4 SCC 447.Means a licence granted under section 15 to use the Indian Standards Certification Mark in relation to any article or process which conforms to the Indian Standard and includes any licence granted under the Indian Standards Institution (Certification Marks) Act, 1952 and is in force immediately before the date of establis...