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Obstructive building

Obstructive building. A building which by reason of its contact with or proximity to other buildings is dangerous or injurious to health (Housing Act, 1936, s. 54). For powers of local authorities in regard to obstructive buildings, see that Act, and Jackson v. Knutsford Urban D.C., (1914) 2 Ch 686....


Obstruction

Obstruction, a wider meaning than mere physical obstruction. Any tangible or identifiable, obstruc-tion would also satisfy the requirement of s. 16 of the Telegraph Act, 1885, Arammanavara Aswathappa v. Karnataka Electricity Board, AIR 1987 Kar 282 (284). [Telegraph Act, 1885, s. 16]Obstruction to search is to the act of the person conducting a search. It is a defensive act but where search has ended and the persons conducting the search have left the premises, to bring them back and to make them do things against their will is not an obstruction to an act but a compulsion to make them act, CCE v. Pradip Fort Trust, AIR 1990 SC 1897 (1900). (Customs Act, 1962, s. 133)Obstruction is not confined to physical obstruction and it includes anything which makes it more difficult for the police or public servant to carry out their duties, Shyam Lal Sharma v. State of Madya Pradesh, (1972) 1 SCC 764 AIR: (1972) SC 886. (Criminal Procedure Code, 1898, s. 165)...


Obstruction of justice

Obstruction of justice, means interference with the orderly administration of law and justice, as by giving false information to or withholding evidence from a police officer or prosecutor, or by harming or intimidating a witness or juror. Obstruction of justice is a crime in most jurisdictions. Also termed obstructing justice; obstructing public justice, Black's Law Dictionary, 7th Edn., p. 1105.Means the goal, to proscribe every wilful act of corruption, intimidation or force which tends in any way to distort or impede the administration of law either civil or criminal -- has been very largely attained, partly by aid of legislation. And any punishable misdeed of such a nature which is not recognised as a distinct crime, is usually called 'obstruction of justice', or 'obstructing justice, -- a common -- law misdemeanor Criminal Law Rollin M. Perkins & Ronald N. Boyce, 552 (3rd Edn., 1982)....


Building

Building, defined by Lord Esher in Moir v. Williams, (1892) 1 QB 270, as an inclosure of brick or stone covered by a roof, and said by Park, J., in R. v. Gregory, (1833) 5 B. & Ad. At p. 561, not to include a wall; but the definition depends on circumstances, and may include a reservoir, Moran v. Marsland, (1909) 1 KB 744. The London Building Act, 1930 (20 & 21 Geo. 5, c. clviii.), has no definition. The term 'new building' was defined in s. 23 of the (English) Public Health Acts Amendment Act,1907 (c. 53) (now repealed); and see also Southend-on-Sea Corporation v. Archer, (1901) 70 LJ KB 328; South Shields Corporation v. Wilson, (1901) 84 LT 267. An old railway carriage will be a 'new building' if the interior arrangements are altered, Hanrahan v. Leigh Urban Council, (1909) 2 KB 257. An advertisement hoarding is a building within a restrictive covenant, Nussey v. Provincial Bill Posting Co., (1909) 1 Ch 734; Stevens v. Willing & Co. Ltd., 1929 WN 53. See also Paddington Corporation v...


Obstruction

The act of obstructing or state of being obstructed...


New building

New building. Under the (English) Road Improvement Act, 1925 (15 & 16 Geo. 5, c. 68), s. 11, new building 'includes any addition to an existing building.'The question whether any building is a 'new building' is in general one of fact, see Ballard v. Horton's Estate Ltd., (1926) 24 LGR 449. So also in the case of temporary buildings (q.v.), Rodwell v. Wade, (1924) 23 LGR 174; and Keeling v. Wirral Rural District Council, (1925) 23 LGR 201.S. 23 of the (English) Public Health Act (Amendment) Act, 1907 (7 Edw. 7, c. 53), contained elaborate definitions of a 'new building,' but this section has been repealed as from the 1st October, 1937, by the Public Health Act, 1936, and of which the provisions relating to building and building bye-laws will be found in Part II. of the Act. 'New building' is not defined, but s. 62 provides for the application of bye-laws for the construction, materials, space for, lighting, ventilation, and dimensions of rooms for human habitation, also height of existi...


London Building Act, 1930

London Building Act, 1930 (20 & 21 Geo. 5, c. clviii.[, a local and personal Act, consolidates the enactments relating to streets and buildings in London, of which the London Building Act, 1894 (57 & 58 Vict. c. ccxiii.), was the most important. The Act has seventeen Parts.I. Introductory.II. Formation and Widening of Streets.III. Lines of Building Frontage.IV. Naming and Numbering of Streets.V. Open Spaces about Buildings and Height of Buildings.VI. Construction of Buildings.VII. Special and Temporary Buildings and Wooden Structures.VIII. Means of Escape in Case of Fire.IX. Rights of Building and Adjoining Owners.X. Dangerous and Neglected Structures.XI. Dangerous and Noxious Businesses.XII. Dwelling-houses on Low-lying Land.XIII. Sky Signs.XIV. Superintending Architects and District Surveyors.XV. Bye-laws.XVI. Legal Proceedings.XVII. Miscellaneous....


Building Acts (English)

Building Acts (English). The Acts commonly so called apply only to the metropolis, and have been called the Metropolitan Building Acts. The Metropolitan Building Acts, 1855 and 1862 (which were public general Acts), and their amending enactments wee repealed and re-enacted with many amendments by the local and personal London Building Act, 1894 (57 & 58 Vict. c. ccxiii.), and its amending Acts of 1898 and 1905. These in their turn are repealed by the London Building Act, 1930 (20 & 21 Geo. 5, c. clviii.). see LONDON BUILDING ACT.The old Building Act, par excellence, the (English) Fires Prevention (Metropolis) Act, 1774 (14 Geo. 3, c. 78), although otherwise partial and repealed, has two ss., 83 and 86, which are still in force and (it is submitted) of universal application. See as to s. 86, Ex parte Goreley, (1864) 4 De G. J. & S. 477, but compare Westminster Fire Office v. Glasgow Provident Society, (1888) 13 App Cas 167, per Lord Watson. s. 33 provides for the application of insuranc...


Building societies

Building societies, associations of persons subscribing to a common fund which is employed in making advances to such members (called 'advanced members') as desire to obtain them on the security of real or leasehold property, while those members who do not desire an advance (called 'investing members' ) simply pay their contributions to the society and receive interest thereon. Building societies are either (a) Unincor-porated, or (b) Incorporated. Unincorporated societies (now few in number) are governed by the (English) Building Societies Act of 1836 (6 & 7 Wm. 4, c. 32), and certain sections of the old (English) Friendly Societies Acts of 1829 and 1835 (repealed for all other purposes) incorporated therewith. Incorporated societies are governed by the (English) Building Societies Acts, 1874 to 1894, and the (English) Building Societies Regulations, 1895, made thereunder. A cross division of these societies is into (1) Terminating, and (2) Permanent. A Terminating Society is one whic...


Destruction of buildings

Destruction of buildings, The consequence of 'des-truction of buildings' has been discussed by R. E. Megarry and H. W. R. Wade in The Law of Real Property as under:Destruction of buildings.--If there is a lease of land and buildings, the destruction of the buildings does not affect the continuance of the lease, so that the lessee remains entitled to possession of the land and any buildings that may subsequently be erected on it. But the complete destruction of the whole of the dismissed premises, as where an upper-floor flat is destroyed by fire, produces problems that yet have to be solved. One view is that the tenancy would come to an end, and with its liability on the covenants, for there would no longer be any physical entity which the tenant could hold of his landlord for any term, and there can hardly be tenure without a tenement. Another view is that the tenancy (and with its liability on the covenants) would endure in the air space formerly occupied by the flat, and would thus ...


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