Next Post - Law Dictionary Search Results
Home Dictionary Name: next postNext post
Next post, means where payment of a bill is to be made by next post, the expression is understood to mean next reasonable convenient post, Derbyshire v. Parker, (1805) 2 Smith KB 195 (198); Burrow's Words and Phrases....
Notice of dishonour
Notice of dishonour. The 49th section of the Bills of Exchange Act,1882, contains fifteen rules as to notice of dishonour, of which the more important are these:-The notice must be given by or on behalf of the holder or of an indorser himself liable (sub-s. 1).The notice may be given in writing or by personal communication. If written it need not be signed, and an insufficient written notice may be supplemented by a verbal communication (sub-ss. 5, 7).The notice may (sub-s. 12) be given as soon as the bill is dishonoured, and must be given within a reasonable time thereafter. In the absence of special circumstances notice is not deemed to have been given within a reasonable time, unless--(a) When the person giving and the person to receive notice reside in the same place, the notice is given or sent off in time to reach the latter on the day after the dishonour of the bill.(b) Where the person giving and the person to receive notice reside in different places, the notice is sent off on...
Next friend
Next friend. At law, an infant having a guardian might sue by his guardian, as such, or by his next friend, though he must always have defended by his guardian. In equity he sued by next friend, and not by guardian, and defended by guardian ad litem. A married woman, before the Married Women's Property Act, could not sue either at law or inequity unless her husband were joined.Infants may sue as plaintiffs by their next friends in the manner practised before the Jud. Acts in the Court of Chancery (as to which see Dan. Ch Pr., 5th ed. p. 602), and may in like manner defend any action by their guardian appointed for that purpose by Ord. XVI., r. 16. The next friend of an infant is prima facie liable for the costs, which are, however, reimbursed to him out of the infant's estate, provided he have acted properly; but the next friend of a feme covert did not incur the like responsibility. [O. 32, r. 1, C.P.C.]A married woman had, by Ord. XVI., r. 8, of the Rules of 1875, the same right of s...
Post-dated cheque
Post-dated cheque, are not invalid, but the banker should not pay such a cheque if presented before the date it bears. If therefore, a cheque dated on a Sunday is presented on the previous business day, it should be returned with the answer post-dated. A post-dated cheque, however, if presented at or after its ostensible date, should be paid though the banker knows it to be post-dated, and even if it has been presented before the date and refused payment, Halsbury's Laws of England, 4th Edn., Vol. 3(1), p. 143.Means a cheque must not be post-dated, that is, dated after the day on which it is presented for payment to the drawee branch. Post-dated cheques present for more difficulties to the banker than antedated cheques. There are practical difficulties rather than legal ones ..... But a cheque is generally post-dated because the drawer does not expect to have the funds to meet it until that date arrives. It is a mandate to the banker to the effect that it should not be paid before that...
Post office
Post office, the expression 'post office' includes every house, building, room, carriage or place used for the purposes of the Post Office, and every letter-box provided by the Post Office for the reception of postal articles. [(Indian) Post Office Act, 1898 (6 of 1898), s. 2(h)]The Government service of the carriage of letters, first established in 1643. Regulated by statutes 7 Wm. 4 & 1 Vict. c. 33; 1 & 2 Vict. cc. 97, 98; 3 & 4 Vict. c. 96 (the Post Office (Duties) Act, 1840, which established penny postage), and many other Acts, which are consolidated by the Post Office Act, 1908, as amended by subsequent Acts. Besides its monopoly in respect of letters, telegraphs and wireless telegraphy (q.v.) and telephones (q.v.), it carries on the business of a carrier of parcels, a savings bank, life assurance, the transmission of money by postal orders and money orders, and pays old age pensions. See also (English) Post Office and Telegraph Act, 1920; (English) Post Office (Parcels) Act, 192...
Next presentation
Next presentation, the right to present to an ecclesiastical benefice on the occurrence of the next vacancy. The purchase of the next presentation of a vacant benefice is illegal and void; and a clerk could not purchase a next presentation, even if the church were full, with a view of presenting himself. The sale of next presentations is now abolished and the transfer of rights of patronage of a benefice strictly regulated by the Benefices Act,1898, and the rules made thereunder, and further restricted by the (English) Benefices Act,1898 (Amendment) Measure, 1923 (14 & 15 Geo. 5, No. 1)....
Officiating continuously in a senior post
Officiating continuously in a senior post, the ex-pression 'officiated continuously in a senior post' in Rule 3(3)(b) of the Seniority Rules is to be constructed to mean holding a senior post on officiating basis prior to substantive appointment on such senior post. Since a person cannot be treated as officiating on a post after he has been substantively appointed on that post, the said expression cannot be construed as referring to the period of officiation subsequent to the date of substantive appointment, O.S. Singh v. Union of India, (1996) 7 SCC 37 (44). [I.P.S. (Regulation of Seniority) Rules, 1954]...
Permanent post
Permanent post, 'permanent post' means a post carrying a definite rate of pay sanctioned without limit of time. Fundamental Rule 9 (30) define 'temporary post' as a post carrying a definite rate of pay sanctioned for a limited time. G.R. Luthra v. Lt. Governor, AIR 1974 SC 1908 (1910): (1975) 3 SCC 258: (1975) 1 SCR 974.Permanent post, carries a definite rate of pay without a limit of time, Prem Bihari Lal Saxena v. State of Uttar Pradesh, AIR 1965 All 406; Makar Dhwaaj Pal v. Neera Yadav, (1994) 2 SCC 741....
Post-graduate degree
Post-graduate degree, by 'post-graduate degree' is meant a Master's degree like the M.A. or M.Sc. and not a Bachelor's degree like the B.T. In other words, the expression connotes the successful completion of a course of studies at a higher level in any speciality, after the acquisition of a basic qualification at the graduate level. The B.T. course of studies, is open only to graduates and in a dictionary manner of speaking, the degree of 'Bachelor of Teaching' may be said to be a 'post' graduate degree in the same that the degree is obtainable only 'after graduation', Juthika Bhattacharya v. State of Madhya Pradesh, AIR 1976 SC 2534 (2536): (1976) 4 SCC 96.Post-graduate degree, has acquired, in the educatio-nal world, a special significance, a technical content. A Bachelor's degree like the B.T., or the LL.B. is not considered to be a postgraduate degree even though those degrees can be taken only after post-graduate. In the refined and elegant world of education, it is the holder of...
Unspecified specialists posts and unspecified posts
Unspecified specialists posts and unspecified posts, when a post from amongst unspecified Specialists' posts is converted to a specified post which means specified in the speciality in which a need has been felt from amongst those in the Specialists' grade belonging to that speciality and in order of their inter se seniority a promotion could be given, Dr. N.C. Singhal v. Union of India, AIR 1980 SC 1255 (1260): (1980) 3 SCC 44: (1980) 3 SCR 29....
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial