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Guillotine

Guillotine, is an instrument for beheading, Webster's American Dictionary, p. 849.Is a method of preventing obstruction by fixing times at which parts of Bill must be voted on, The Concise Oxford Dictionary, H.W. Fowler and F.G. Fowler, p. 548.Is the most drastic method of curtailing debate in a legislature, Parliamentary Practice, Erskine May, 22nd Edn., 1997, p. 410.In the House of commons, guillotine can be applied only after passing a motion for the purpose in the House. It is applied to the various stages of Bills and in designed to expedite their passage by means of a time table allotting a certain number of days to the different stages of the Bill and at the end of the allotted time the question under consideration is put without any further debate, The Office of the Speaker in the Parliaments of Commonwealth, Wilding and Philips Laundry, p. 335.Which is a colloquial term, is technically known as 'allocation of time orders', Parliamentary Dictionary, L.A. Abraham and SC. Hawtrey...


Capacity payment

Capacity payment, is any sum included in the consideration under a contract for the sale of oil consisting of gas won from an oil field which (1) is payable by the buyer at specified times or in respect of specified periods, and (2) is payable whether or not oil is delivered under the contract at particular times or in particular periods, even though it may very by reference to deliveries of oil or other factors, and (3) does not under the terms of the contract, or by virtue of certain statutory provisions, fall to be treated wholly or partly as an advance payment for oil to be delivered at some time after the times or periods at or in respect of which that sum is payable, Halsbury's Laws of England, Vol. 19(2), para 1867, p. 1337....


Tenure

Tenure, cannot be equated with 'terms and con-ditions of services' or payment of gravity or pension. Tenure when followed by words of office, means term of office, Punjab University v. Khalsa College, Amritsar, AIR 1971 P&H 479: 1971 Cur LJ 334.Means a right, term, or mode of holding lands or tenements in subordination to a superior; in fendal times, real property was held predominantly as part of a tenure system, Black's Law Dictionary, 7th Edn., p. 1481.Tenure, the mode of holding property. The only tenures in land now existing with a few unimpor-tant exceptions are (1) free and common socage in fee-simple, including enfranchised copyhold, which is subject to paramount incidents; and (2) a term of years absolute (see LAND). The idea of tenure or holding is said to derive from feudalism, which separated the dominium directum (the dominion of the soil), which it placed mediately, or immediately, in the Crown, from the dominium utile (the possessory title), the right to use the profits ...


Active service

Active service. 'on active service,' as applied to a person subject to military law, is defined by the (English) Army Act (44 & 45 Vict. C. 58) as meaning 'whenever he is attached to or forms part of a force which is engaged in operations against the enemy or is engaged in military operations in a country or place wholly or partly occupied by an enemy or is in military occupation of any foreign country.'As applied to a person subject to this Act, means the time during which such person--(a) in attached to, or forms part of, a force which is engaged in operations against an enemy, or (b) is engaged in air force operations in, or is on the line of march to, a country or place wholly or partly occupied by an enemy; or (c) is attached to, or forms part of, a force which is in military occupation of any foreign country. [Air Force Act, 1950 (45 of 1950), s. 4 (i)] See also (5 of 1941), s. 2(a); (46 of 1950), s. 3(a)...


equity

equity pl: -ties [Latin aequitat- aequitas fairness, justice, from aequus equal, fair] 1 a : justice according to fairness esp. as distinguished from mechanical application of rules [prompted by considerations of ] [comity between nations, and require it to be paid for "F. A. Magruder"] b : something that is equitable : an instance of equity [the inequities produced by the system are outnumbered by the equities] 2 a : a system of law originating in the English chancery and comprising a settled and formal body of substantive and procedural rules and doctrines that supplement, aid, or override common and statutory law [the judicial power shall extend to all cases, in law and , arising under this Constitution "U.S. Constitution art. III"] see also chancery compare common law, law NOTE: The courts of equity arose in England from a need to provide relief for claims that did not conform to the writ system existing in the courts of law. Originally, the courts of equity exercised great ...


Reserve Forces

Reserve Forces. 1. Army.--The (English) Reserve Forces Act, 1882 (45 & 46 Vict. c. 48), repealing and consolidating the prior Acts on the subject, established an 'Army Reserve' and a 'Militia Reserve.' The 'Army Reserve' consists of time-expired regular soldiers who are on its strength by reason of the terms of their enlistment or by re-engagement. As to the present character of the Militia, see that title. The Reserve is further strengthened by the Territorial Army Reserve, consisting of a reserve division, and also by a body composed of owners of motor cars who are liable to military service in an emergency, and the Act has been applied to an Air Force Reserve and Auxiliary Air Force Reserve under 7 & 8 Geo. 5, c. 51, and 14 & 15 Geo. 5, c. 15, and S.R. & O. 1924 (Nos. 1212 and 1213) and 1934 (No. 592). By 11 & 12 Geo. 5, c. 37, the 'Territorial Force' which was provided for in the Territorial and Reserve Forces Act, 1907 (7 Edw. 7, c. 9), became the 'Territorial Army,' and the speci...


Riot Damages Act, 1886

Riot Damages Act, 1886 (English) (49 &50 Vict. c. 38), providing compensation, out of the police rate, to any person sustaining damage by riot. From very early times (see the repealed acts scheduled to 7 & 8 Geo. 4, c. 27) compensation of some kind for damage by riot was recoverable from 'hundredors' (see HUNDREDORS), and the consolidating Act (7 & 8 Geo. 4, c. 31), regulated the procedure for obtaining the compensation, limiting the title to recover to cases where there had been a felonious demolition of property, and giving no compensa-tion for property stolen. A serious riot occurring in the metropolis on February 8th, 1886, and disclosing insufficiency in the law of compensation led very quickly to the Metropolitan Police Compensation Act, 1886 (49 & 50 Vict. c. 11), applicable to the metropolis only and retrospective, and shortly afterwards to the general Riot Damages Act, 1886, by which (1) the police district is substituted for the hundred as the area liable to compensation; (2)...


Voyage charter-party, time charter party

Voyage charter-party, time charter party, it is a contract by which an entire ship or some principal part thereof is let to a merchant who is called the charterer, for the conveyance of goods on a determined voyage to one or more places, or until the expiration of a specified period; in the former case it is called a 'voyage charter-party', and in the latter a 'time charter-party', Union of India v. Gosalia Shipping (P) Ltd., (1978) 3 SCC 23 (29): AIR 1978 SC 1196....


Freight

Freight, the sum paid by a merchant or other person chartering a ship or part of a ship, or sending goods in a general ship, for the use of such ship or part, or the conveyance of such goods during a specified voyage or for a specified time. The freight is most commonly fixed by the charter-party, or bill of lading, but in the absence of any formal stipulation on the subject it would be due according to the custom or usage of trade. In the absence of an express contact to the contrary, the entire freight is not earned until the whole cargo be ready for delivery, or has been delivered to the consignee, according to the contract for its conveyance.1. Goods transported by water, land or air 2. Compensation paid to carrier for transporting goods, Black's Law Dictionary, 7th Edn., p. 677.Dead freight is the freight agreed to be paid in respect of any part of the cargo which was contracted to be carried and through any fault of the consignor has not been carried.As to the shipowners' lien fo...


To the extent of

To the extent of, the words 'to the extent of' in Article 13 do not import any idea of time. They only import the idea that the law maybe void either wholly or in part and that only such portions will be void as are inconsistent with Part III or have contravened Part III and no more, Mahendralal Jaini v. State of Uttar Pradesh, AIR 1963 SC 1019 (1029): (1963) Supp 1 SCR 912. [Constitution of India, Art. 13(1), (2)]...



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