Opening - Law Dictionary Search Results
Home Dictionary Name: openingOpen space
Open space, means it is only with reference to the country that the word 'open' carries the meaning 'free from wood building etc.' Accepting the several meanings of the word 'open' the existence of 7 or 8 scattered trees within the space sixty feet wide all round would not render the entire space any less an open space within the meaning of that expression in the proviso to rule 18(a) of the Madras Places of Public Resort Act II of 1888. It is equally clear that the existence of say one free at one corner of the space would not prevent the space being an open space, Nachimuthu v. Ramaswami Chettiar, 69 MLW 887: (1956) 2 MLJ 556 (DB).By the (English) Metropolitan Open Spaces Acts of 1877 and 1881, the (English) Metropolitan Board of Works (succeeded by the London County Council, under s. 40, sub-s. 8, of the (English) Local Government Act, 1888) had power to acquire and to hold of the use of the public any open spaces within the metropolis. These Acts were extended, with amendments, to ...
Open Court
Open Court. Every Court of Justice is open to every subject of the King, Scott v. Scott, 1913 AC 417 (440). By statute the place where justices summarily convict is an open Court [(English) Summary Jurisdiction Act, 1848, s. 12], but not so the place where they commit a prisoner for trial at assizes or sessions (Indictable Offences Act, 1848, s. 19). Whether a coroner's court is an open Court is a matter of doub if it is not a Court of Justice; it is submitted that it is not [see Jervis on Coroners, citing Garnett v. Ferrand, (1827) 6 B&C 611]; the general rule is that all courts of justice are open to all so long as there is room see Scott v. Scott, ubi supra, where the whole question of hearing cases in camera is discussed. See also R. v. Gov. of Lewes Prison, (1917) 2 KB 254; and McPherson v. McPherson, 1936 AC 177.Sessions Court holding trial within jail premises is an 'open court', Kehar Singh v. State (Delhi Admn.), AIR 1988 SC 1883: (1988) 3 SCC 609 (703, 711): (1988) Supp 2 SCR...
open
open 1 : exposed to general view or knowledge : free from concealment [an , notorious, continuous, and adverse use of the property] [an and obvious danger] NOTE: When a defect, hazard, or condition is open such that a reasonable person under the circumstances should have recognized the danger posed by it, a defendant is usually relieved of liability for failure to warn. 2 : not restricted to a particular group or category of participants ;specif : enterable by a registered voter regardless of political affiliation [an primary] 3 a : being in effect or operation [an mine] [a bench warrant still ] b : available for use [an toll road] c : not finally determined, decided, or settled : subject to further consideration [an question] d : remaining effective or available for use until canceled [an insurance contract] 4 : not repressed or regulated by legal controls [a state with gambling] vb opened open·ing vt 1 : to begin the process of [ the succession] 2 a : to make the...
If sold in open market
If sold in open market, the words 'if sold in the open market' do not contemplate actual sale or the actual state of the market, but only enjoins that it should be assumed that there is an open market and the property can be sold in such a market and on that basis, the value has to be found out. It is a hypothetical case which is contemplated and the Tax Officer must assume that there is an open market in which the asset can be sole, Ahmed G.H. Ariff v. C.W.T., (1969) 2 SCC 471: AIR 1971 SC 1691 (1696). [Wealth Tax Act, 1957, s. 7(1)]...
Keep open
Keep open, a private cart stand is 'kept open' only if it is kept open to others in charge of vehicles besides the owner of the place, to keep their vehicles thereto let their vehicles stand there to a licence under s. 270E of the Madras District Municipalities Act 1920, required only to keep open a private cart stand, Anamallais Bus Transport (Private) Ltd. v. Commissioner, Dharapuram Municipality, AIR 1957 Mad 781....
Open market
Open market, if the transactions of sale and pur-chase are effected under conditions enabling every person desirous of purchasing the goods in question to place orders with such manufacturing unit and obtain supplies, they will constitute purchases 'from the open market'. The Supreme Court in in this context referred with advantage to the following observations of Swinfen Eady, J. in Inland Revenue Commissioners v. Clay, (1914) 3 KB 466: (1914-1915) All ER Rep 882 (888), where the Court of Appeal had to consider the scope of the expression 'open market' occurring in s. 25(1) of the Finance Act, 1910 (10 Edw 7, c 8): The market is to be the open market, as distinguished from an offer to a limited class only, such as the members of the family. The market is not necessarily an auction-sale. The s. means such amount as the land might be expected to realize if offered under conditions enabling every person desirous of purchasing to come in and make an offer, and if proper steps were taken t...
Opening biddings
Opening biddings. Before 1867, where estates were sold, under the decree of a Court of Equity, the Court considered itself to have a greater power over the contract than if the contract were made between party and party; and as the aim of the Court was to obtain as great a price as possible for the estate, it would open the biddings after the estate was sold, and put up the estate for sale again.But the Sale of (English) Land by Auction Act, 1867, has, by s. 7, abolished this inconvenient practice (under which biddings were opened even more than once), with an exception for cases of fraud or improper management of a sale, in which upon the application of any person interested in the land, 'the Court may either open the biddings, holding such bidder bound by his bidding, or discharge him from being the purchaser, and order the land to be resold', see Delves v. Delves, (1875) LR 20 Eq 77....
Open
Free of access not shut up not closed affording unobstructed ingress or egress not impeding or preventing passage not locked up or covered over applied to passageways as an open door window road etc also to inclosed structures or objects as open houses boxes baskets bottles etc also to means of communication or approach by water or land as an open harbor or roadstead...
open court
open court 1 : a recorded judicial proceeding that is presided over by a judge and attended by the parties and their attorneys and that is convened for the purpose of conducting official business compare in camera 2 : a session of a court that is open to the public ...
open fields doctrine
open fields doctrine : a doctrine in criminal procedure: law enforcement officers may make a warrantless search of the area outside of the curtilage of a person's home without violating the Fourth Amendment to the U.S. Constitution called also open fields rule ...
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