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Home Dictionary Name: not otherwise specified Page: 4Arbitration
Arbitration, the determination of a matter in dispute by the judgment of one or more persons, called arbitrators, who in case of difference usually call in an 'umpire' to decide between them.Means a method of dispute resolution involving one or more neutral third parties who are usually agreed to by the disputing parties and whose decision is binding, Black Law Dictionary 7th Edn., p. 100.Means any arbitration whether or not administered by permanent arbitral institution. [The Arbitration and Conciliation Act, 1996, s. 2(a)]An arbitrator is a disinterested person, to whose judgment and decision matters in dispute are referred, Termes de la Ley.The civilians make a difference between arbiter and arbitrator, though both found their power in the compromise of the parties; the former being obliged to judge according to the customs of the law: whereas the latter is at liberty to use his own discretion, and accommodate the difference in that manner which appears most just and equitable.An ar...
Increase of Rent and Mortgage (Restrictions) Acts (English)
Increase of Rent and Mortgage (Restrictions) Acts (English). A series of statutes, each of a temporary character, curtailing the contractual rights, in respect of certain classes of property, of landlords and mortgagees. This legislation was rendered necessary, in the first instance, by the conditions caused by the outbreak of the Great War. The continuance of the protection to tenants and mortgagees of dwelling-houses afforded by the later Acts was made necessary by the housing shortage, caused principally by the economic effects of the war. The Courts (Emergency Powers) Act,1914 (4 & 5 Geo. 5, c. 78), was the first of such Acts: it restricted the right to levy distress or resume possession of property by landlords and of mortgagees to foreclose or realize their security. This Act was followed by a series of complicated statutes which imposed restrictions on increasing the rent and mortgage interest on properties falling within their scope. the obscure and ambiguous drafting of these ...
Loan societies
Loan societies, institutions established by the purpose of advancing money on loan to the industrial classes, and receiving back payment for the same by instalments, with interest. They are exempt from the provisions of the Money Lenders Act, 1900.By the (English) Loan Societies Act, 1840 (3 & 4 Vict. c. 110 (continued by 21 & 22 Vict. c. 19, and made perpetual by 26 & 27 Vict. c. 56), forms of proceeding of a similar nature to those prescribed in the Acts regulating savings banks and friendly societies are requisite to enable loan societies to avail themselves of this Act, and see 51 & 52 Vict. c. 41, and 59 & 60 Vict. c.25, s. 2, as to certification of Rules by the Registrar of Friendly Societies.These societies are entitled to issue debentures for money deposited with them (otherwise than by way of gift), and these as well as all other notes and instruments given in pursuance of the Act are exempted from stamp duty. They are also placed on the same footing with savings banks, in the...
Obsolete
Obsolete, invalid by virtue of discontinuance, said of a law or practice which has ceased to be enforced or be in use by reason of change of manners and circumstances, as 'wager or battel' (see BATTEL, WAGER OF), the punishment of the stocks (see STOCKS), the provision of the Gaming Act of Henry VIII. (33 Hen. 8, c. 9) (Revised Statutes, 2nd Edn., vol. i. p. 378, published in 1888; Chitty's Statutes, tit. 'Games and Gaming'), by which labourers and others are forbidden to play cards or other specified games 'out of Christmas,' but allowed to play them in Christmas in their masters' houses and in their masters' presence; and that of 1285 in the Stat. Westm. Sec., 13 Edw. 1, c. 34, by which elopement with a nun from her convent, although the nun consent, is punishable by three years' imprisonment and fine. For further instances, see the (English) Statute Law Revision Act, 1908 (8 Edw. 7, c. 49); and see also STATUTE LAW REVISION. But however absurd and, in common language, obsolete an En...
beneficiary
beneficiary pl: -ries : a person or entity (as a charity or estate) that receives a benefit from something: as a : the person or entity named or otherwise entitled to receive the principal or income or both from a trust compare settlor, trustee contingent beneficiary : a beneficiary that may receive proceeds from a trust depending on the occurrence of a specified event (as the death of another beneficiary) income beneficiary : a beneficiary that according to the provisions of a trust is to receive income but not the principal of the trust NOTE: A trust may provide for income to be paid to someone (as a spouse) for his or her lifetime and then for payment of the principal to another person. A trustee is sometimes allowed to distribute some of the principal of the trust to an income beneficiary when necessary for the support of the beneficiary if support of the beneficiary was the purpose of the trust. b : the person or entity named by the insured of a life insurance policy to r...
Sale price
Sale price, 'Sale Price' means the amount payable to a dealer as consideration for the sale of any goods, less any sum allowed as cash discount according to the practice normally prevailing in the trade, but inclusive of any sum charged for anything done by the dealer in respect of the goods at the time of or before the delivery thereof other than the cost of freight or delivery of the cost of installation in case where such cost is separately charged and the expression 'purchase price' shall be construed accordingly, Shree Gopal Industries Ltd. v. State of Rajasthan, AIR 1971 SC 2054: (1971) 2 SCC 532.(ii) Under s. 4 of the Madhya Pradesh General Sales Tax Act, 1958 the liability to pay tax is that of the dealer. The purchaser has no liability to pay tax. There is no provision in the Act from which it can be gathered that the Act imposes any liability on the purchaser to pay the tax imposed on the dealer. If the dealer passes on his tax burden to his purchasers he can only do it by au...
Adjournment
Adjournment [fr. jour, Fr., a day], a putting off to another time or place, a continuation of a meeting from one day to another. An adjourned meeting is in ordinary cases a mere continuation of the original meeting and no fresh notice of it need be given, Scadding v. Lorant, (1851) 3 HLC 418. The adjournment of a trial is in the discretion of the judge. As to adjournment of trial in the High Court, see R.SC. Ord. XXXVI., r. 34; and as to adjournments in County Courts, see County Courts Act, 1934, s. 36.As to adjournment by justices on hearing charge of offence punishable on summary jurisdiction, see Summary Jurisdiction Act, 1848 (11 & 12 Vict. c. 43), s. 16.Unless the object of the context or inquiry otherwise warrants the term 'adjournment' in connection with a meeting should be applied only to the case of a meeting which has already convened and which is thereafter postponed and not to a case where a notice convening a meeting is cancelled and subsequently, a notice for holding the ...
Ejusdem generis
Ejusdem generis (of the same kind or nature).of the same kind or nature, Black's Law Dictionary, 7th Edn., p. 535.This term is chiefly used in cases where general words have a meaning attributed to them less comprehensive than they would otherwise bear, by reason of particular words preceding them: e.g., the (English) Sunday Observance Act, 1677 (29 Car. 2, c. 7), enacts that no tradesman, artificer, workman, labourer, 'or other person whatsoever,' shall follow his ordinary calling on Sunday; here [see Sandiman v. Breach, (1827) 7 B&C 96] the word 'person' is confined to those of callings of the same kind as those specified by the preceding words, so as not to include a farmer. The ejusdem generis rule, as it is called, is one of the rules of construction applied by the Court in construing documents of all kinds, whether statutes, deeds, wills, mercantile docu-ments, or others. For a discussion of the rule, see Tillmanns & Co. v. S.S. Knutsford, Ltd., (1908) 2 KB 385, affirmed, (1908) ...
Improvement of towns
Improvement of towns. The (English) Towns Im-provement Clauses Act, 1847 (10 & 11 Vict. c. 34), 'comprises in one Act sundry provisions usually contained in' special Acts of Parliament theretofore passed 'for paving, draining, cleansing, lighting, and improving towns and populous districts,' to avoid the necessity for repeating such provisions in each special Act, and to ensure greater uniformity in the provisions themselves.Of this Act, ss. 64-83, which relate to the naming of streets and numbering of houses, to the improving the line of streets and removal of obstructions, to the securing or demolition of ruinous buildings, and to the taking precaution during the erection of works, and ss. 125-131, which relate to slaughter-houses, are incorporated with the (English) Public health Act, 1875, by ss. 160, 169 of that Act.The Town and Country Planning Act, 1932 (English) (22 & 23 Geo. 5, c. 48), a codifying Act, repealing the (English) Town and Country Planning Act, 1925, authorises loc...
Month
Month [fr. monath, Sax., moon, which was formerly written mone, as month was written moneth]. The period in which that planet moneth, i.e., completeth its orbit.It is either--(1) Lunar, the time between the change and change, or the time in which the moon returns to the same point, being twenty-eight days.(2) Solar, that period in which the sun passes through one of the twelve signs of the zodiac.(3) Calendar, by which we reckon time, consisting unequally of thirty or thirty-one days, except February, which consists of twenty-eight, and in leap year of twenty nine days. The calendar month is also nine days. The calendar month is also called usual, natural, civil, political.In an Act of Parliament (English), passed after 1850, the word 'month,' which was formerly taken to mean a lunar month, unless calendar month was specified, means calendar month; unless words be added pointing to lunar months [(English) Interpretation Act, 1889 (s. 3), repealing and re-enacting 13 Vict. c. 21]. By th...
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