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Home Dictionary Name: new assignment Page: 2Feasts
Feasts, anniversary days of rejoining, either on a civil or religious occasion; opposed to fasts. Our feasts are either (1) immovable, such as Christmas-day, the Circumcision, Epiphany, Candlemas-day, Lady-day, All Saints, and All Souls, besides the days of the several apostles, St. Peter, St. Thomas, etc.: these are always celebrated on the same day of the year; or (2) movable, such as Easter,which fixes all the rest, as Palm Sunday, Good Friday, Ash Wednesday, Sexagesima, Ascension-day, Pentecost, Trinity Sunday, etc. The four principal immovable feasts of the year, which are commonly assigned in England for the payment of rents on leases, are the Annunciation of the Blessed Virgin Mary, or Lady-day, being the 25th of March; the Nativity of St. John the Baptist, held on the 24th of June; the feast of St. Michael on the 29th of September; and Christmas-day on the 25th of December.A still unrepealed Act of 1551-2 (5 & 6 Edw. 6, c. 3), directs certain days therein mentioned (being all S...
Letters-patent, or letters overt
Letters-patent, or letters overt [fr. liter' patentes, Lat.], writings of the sovereign, sealed with the Great Seal of England, whereby a person or public company is enabled to do acts or enjoy privileges which he or it could not do or enjoy without such authority. They are so called because they are open with the seal affixed and ready to be shown for confirmation of the authority thereby given. Peers are sometimes created by letters-patent, and letters-patent of precedence were granted to barristers. By letters-patent aliens are made denizens, and especially new inventions are protected; hence the incorporeal chattel of patent-right.A 'patent-right' is a privilege granted by the Crown to the first inventor of any new contrivance in manufactures, that he alone shall be entitled, during a limited period, to make Articles according to his own invention--Statute of Monopolies, 21 Jac. 1, c. 3.To be the subject of a patent-right an article must be material and capable of manufacture, an i...
Municipality
Municipality, means the Nagar Panchayat or the Municipal Council, as the case may be, constituted under the provisions of this Act. [Manipur Municipalities Act, 1994 (43 of 1994), s. 2(34)]--means the New Delhi Municipal Committee, the Cantonment Board or any other municipal body, other than the Corporation, established by or under any law for the time being in force in or any part of Delhi. [Delhi Police Act, 1978 (34 of 1978), s. 2(i)]--the word 'Municipality' has been defined in Webster's New Dictionary as, 'a town, city or borough which has local self-government'. A Corporation or a Municipal Council or Nagar Panchayat is constituted on strength of population and the area of place where it is constituted namely rural or urban. But all the three are deemed to be municipality. A Municipal Corporation with a larger area is as much a municipality as a council with smaller area, Cantonment Board v. G. Venkataram Reddy, AIR 1995 SC 1210. [Constitution of India , Art. 243]Municipality, sh...
Chancery
Chancery [fr. Cancelli, lattice-work, Lat.; chancellerie, Fr.]. the Court of Chancery, which administered equity (see that title) so far as distinct from law, was the highest court of judicature in this kingdom next to Parliament.Its powers and jurisdiction were in 1875 transferred to (I.) The High Court of Justice, and (II.) The Court of Appeal [(English) Jud. Act, 1873, ss. 16-18].(I) There is by the (English) Judicature Act, 1873, replaced by the English Judicature Act, 1925, s. 4, a Division of the High Court of Justice called the Chancery Division. To this Division are assigned (1) matters in which the court of Chancery had exclusive statutory jurisdiction (except County Court appeals), of these, the jurisdiction under the (English) Charitable Trusts Acts, 1853-1869, is practically the only portion nw remaining, the other jurisdictions having become exercisable under subsequent legislation. (Note: a. P. 1934, p. 2374), and (2) causes and matters for the administration of estates o...
Circuits
Circuits (seven eight formerly), certain divisions of England and Wales, appointed for the judges to go formerly twice a year, in the respective vacations after Hilary and Trinity terms, but more recently oftener, and at no precisely fixed periods, to administer justice in the several counties. Two judges, until 1884, attended at each circuit town, when by a new scheme set on foot by the 'Circuits Order' of that year it was arranged that at the majority of the circuit towns one judge only should attend, with the power, however, under Rule 9 of the Order, of requesting one of the judges in London to proceed to any place on circuit in his aid 'in order to enable the judges, as far as possible, to leve no cause untried at any place on any circuit.' The following were the circuits as altered by Order in Council made pursuant to 26 & 27 Vict. c. 122, viz.: (1) Northern; (2) Home; (3) Western; (4) Oxford; (5) Midland; (6) Norfolk; (7) North Wales; and South Wales.By the (English) Judicature ...
Public policy
Public policy, connotes some matter which concerns public good and the public interest. Expression does not admit of precise definition. Concept of 'public policy' is considered to be vague, susceptible to narrow or wider meaning depending upon the content in which it is used, Oil and Natural Gas Corporation Ltd. v. Saw Pipes Ltd., AIR 2003 SC 2629.Public policy, connotes some matter which concerns the public good and the public interest, Central Inland Water Transport Corporation Ltd. v. Broja Nath Ganguly, AIR 1986 SC 1571; Shri Parsar v. Municipal Board, (1997) 1 WLC 443.Public policy, demands that where fraud might have been contemplated but was not perpetrated, the defendants should not be allowed to perpetrate a new fraud. If the illegality of the transaction is trivial or venial and the plaintiff is not required to rest his case upon that illegality, then public policy demands that the defendant should not be allowed to take advantage of the position, Kedar Nath Motani v. Prahla...
Pardon
Pardon, forgiveness of a crime; remission of punis-hment.The pardoning of criminals is the peculiar preroga-tive of the sovereign. See 4 Steph. Com., 7th Edn.The sovereign may pardon all offences merely against the Crown and the public, excepting: (1) That to preserve the liberty of the subject, the committing any man to prison out of the realm is, by the Habeas Corpus Act (31 Car. 2, c. 2), made a pr'munire (see that title), unpardonable even by the Crown; and (2) that the sovereign cannot pardon where private justice is principally concerned in the prosecution of offenders--'non potest rex gratiam facere cum injuria et damno aliorum.'Neither at Common Law could the sovereign pardon an offence against a penal statute after information brought; for thereby the informer had acquired private property in his part of the penalty. But the Remission of Penalties Act, 1859, enables the Crown to remit penalties for offences, although payable to parties other than the Crown; and a special power...
Landlord and Tenant Act, 1927
Landlord and Tenant Act, 1927 (English) (17 & 18 Geo. 5, c. 36), provides; for the payment of compensation for improvements and goodwill to tenants of premises used for business purposes or the grant of a new lease in lieu thereof, and in other respects amends the law of landlord and tenant. Ss. 1 to 3 deal with the conditions under which a tenant may claim compensation for improvements. S. 4, with conditions under which a tenant on leaving may claim compensation for goodwill attached to the premises by reason where of they could be let at a higher rent. Sect. 5 provides for the granting of a new lease when the sum which could be awarded under s. 4 would not compensate the tenant for his loss of goodwill. Other provisions of the Act ameliorate the position of the tenant with regard to breaches of repairing covenants and also with regard to covenants against assignment, covenants against improvements without consent and covenants against alteration of user without consent. See also LAND...
Jurisdiction
Jurisdiction, is a verbal coat of many colours. Jurisdiction originally seems to have had the meaning which Lord Reid ascribed to it in Anisminic Ltd. v. Foreign Compensation Commission, (1969) 2 AC 147, namely, the entitlement 'to enter upon the enquiry in question, M.L. Sethi v. R.P. Kapur, (1972) 2 SCC 427: (1973) 1 SCR 697.Jurisdiction, legal authority; extent of power; declaration of the law. Jurisdiction may be limited either locally, as that of a County Court, or personally, as where a Court has a quorum, or as to amount, or as to the character of the questions to be determined.By 'jurisdiction' is meant the extent of the power which is conferred upon the court by its constitu-tion to try a proceedings, Raja Soap Factory v. S.P. Shantharaj, AIR 1965 SC 1449 (1451): (1965) 2 SCR 800.The word 'jurisdiction' is a verbal coat of many colours. Jurisdiction originally means the entitle-ment 'to enter upon the enquiry in question'. If there was an entitlement to enter upon an enquiry, ...
novation
novation [Late Latin novatio renewal, legal novation, from Latin novare to make new, from novus new] : the substitution by mutual agreement of one obligation for another with or without a change of parties and with the intent to extinguish the old obligation [no evidence that the contract was assigned, or that there was a "Boccardi v. Horn Constr. Corp., 612 N.Y.S.2d 180 (1994)"] compare accord substituted contract at contract ...
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