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Negligence
as well for the benefit of the representatives of a deceased foreigner as for those of a British subject, at all events if the wrong-doer is not a foreigner, Davidson v. Hill, (1901) 2 KB 606. Contributory … charged with negligence has failed to comply with or perform in the particular circumstance of each case. A very convenient classification has been formulated corresponding to the degree of negligence entailing liability measured by the degree of
Distress
remove his own chattels off the premises, and does not leave thereon sufficient to meet the arrears, Tomlinson v. Consolidated Credit Corporation, (1889) 24 QBD 135, the landlord may within thirty days take and seize such goods … on cattle damage feasant, and by statute for rates and taxes, and for tithe annuities which have been substituted for tithe rent-charge (q.v.) [(English) Tithe Act, 1936, s. 16]. If a tenant, aftr his rent is in
Law
the state of sikkim. Order, 2(1)(c) of Adaptation of Sikkim Laws (No. 1) order, 1975, Kunga Nima Lepcha v. State of Sikkim, AIR 2006 Sikkim 1. The law of foreign countries is a question of fact in … The memorandum of Central Government, dated 11th May, 1957 was an approval in terms of the proviso to sub-s. (7) of s. 115 of the States Reorganisation Act. It is, therefore, an order or othe purposes of
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Competent authority
the safety of civil aviation, Air Navigation Order 1989, SI 1989/2004, Art. 106(1) (UK) Halsbury's Laws of England, Vol. 2, para 1347, p. 665. Means any authority authorised by the State Government by notification in the Official … Rights and Full Participation) Act, 1995 (1 of 1996), s. 2 (h)] The expression 'competent authority' occurring in sub-s. (2) of s. 116 of the States Reorganisation Act, 1956 cannot be considered in isolation apart from the
Disorderly houses
of bawdy houses is punishable on summary conviction, see Siviour v. Neapolitane, (1931) 1 KB 636; (lessee who sub-let not included); and Winter v. Woolfe, (1931) 1 KB 636 (premises kept for allowing illicit intercourse). See BROTHEL; … are encouraged, and see also s. 13 of the (English) Criminal Law Amendment Act, 1885 (48 & 49 Vict. c. 69), as amended by the (English) Criminal Law Amendment Act, 1912, s. 3, and the (English) Criminal
Trust for sale
a lapse of the devise of realty in the testator's lifetime the property resulted to the heir-at-law, Ackroyd v. Smithson, (1780) 1 Bro CC 503. Another and more practical consequence was that the whole estate was vested … (see EQUITABLE ESTATES) so long as the trust continued. A testamentary trust for sale of leasehold land was subject to the rule in Howe v. Lord Dartmouth, (1802) 7 Ves 137, applying to all cases in the
Substantive capacity
temporary capacity and would imply that the holder thereof had a lien on his post, Prem Nath Sharma v. Vice-Chancellor, Lucknow, University, AIR 1959 All 618. Substantive capacity, the emphasis imparted by the adjective 'substantive' is that … Substantive capacity, means capacity other than an officiating or temporary capacity and would imply that the holder thereof had
Easement
provided for either in the conveyance or by a regrant by the grantee of the land, see Wheeldon v. Burrows, (1879) 12 Ch D 31. An easement is an incorporeal hereditament, which from its nature can only … right of way, or for advertisement, a pew or grave, or negative, such as light, water, or the submission to a nuisance; continuous, such as a path or road; discontinuous, for intermittent use; apparent or patent; non-apparent,
Quo warranto
to continue either with the connivance of the Executive or by reason of its apathy, University of Mysore v. C.D. Govinda Rao, AIR 1965 SC 491: (1964) 4 SCR 575. (Constitution of India, Art. 226) Quo warranto, … [see now s. 71 of the (English) Local Government Act, 1933 (23 & 24 Geo. 5, c. 51)], substituted an election petition in the cases where an election is sought to be questioned on the ground of
Discharge
is in exception to that rule. A discharge without considering the evidence taken is illegal, Ratilal Bhanji Mithani v. State of Maharashtra, (1979) 2 SCC 179: AIR 1979 SC 94: (1979) 1 SCR 993. Discharge means, to … for reasons to be recorded, in the light of the evidence, that no case has been made out. Sub-s. (2) which authorises the Magistrate to discharge the accused at any previous stage of the case if he
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