Personal Law - Law Dictionary Search Results
Home Dictionary Name: personal lawoutlaw
outlaw [Old English tlaga, from Old Norse tlagi, from t out + lag lg law] 1 : a person excluded from the benefit or protection of the law [a trespasser is not an ] 2 : a lawless person or a fugitive from the law 3 : a person or organization (as a nation) under a ban or restriction or considered to be in defiance of norms or laws [considered an for its support of terrorism] vt : to make illegal out·law·ry [at-lȯr-ē] n ...
Corporation
Corporation, a co-operative society is a corporation, Daman Singh v. State of Punjab, AIR 1985 SC 973 (978): (1985) 2 SCC 670. [Punjab Co-operative Societies Act (25 of 1961) s. 30]'Corporation' is an artificial being created by law having a legal entity entirely separate and distinct from the individuals who compose it with the capacity of continuous existence and succession, notwithstanding changes in its membership. In addition, it possesses the capacity as such legal entity of taking, holding and conveying property, entering into contracts, suing and being sued, and exercising such other powers and privileges as may be conferred on it by the law of its creation just as natural person may, S.S. Dhanoa v. Municipal Corpn., (1981) 3 SCC 431: AIR 1981 SC 1395 (1398). [Penal Code (45 of 1860), s. 21, Cl. (12)]'Corporation' referred to under s. 20 Expln of CPC mean not only statutory corporation but also a company registered under the Indian Companies Act, Hakam Singh v. Gamnar (India) L...
Law of persons
Law of persons, means the law relating to persons; the law that pertains to the different statuses of persons. This is also commonly known as the jus personarum, a shortened form of jus quodad personas pertinent (the law that pertains to persons'), Black's Law Dictionary, 7th Edn., p. 893....
Servant
Servant, is a person who, by contract or operation of law, is for a limited period subject to the authority or control of another person in particular trade, business or occupation, A Treatise on the Law of Master and Servant, H.G. Wood, 2nd Edn., 1886, p. 1.Means a person who is employed by another to do work under the control and directions of the employer, Black's Law Dictionary, 7th Edn., p. 1372....
Under any customary or personal law applicable to parties
Under any customary or personal law applicable to parties, the purpose of the payment 'under any customary or personal law' must be to obviate destitution of the divorcee and to provide her with wherewithal to maintain herself. The whole scheme of s. 127(3)(b) is manifestly to recognise the substitute maintenance arrangement by lump sum payment organised by the custom of the community or the personal law of the parties. There must be a rational relation between the sum so paid and its potential as provision for main-tenance; to interpret otherwise is to stultify the project. Law is dynamic and its meaning cannot be pedantic but purposeful, Bai Tahira v. A.C. Hussain Fiddali Chathia, (1979) 2 SCC 316: AIR 1979 SC 362 (365). [Criminal Procedure Code, 1973, s. 127(3)(b)]...
Personal law
Personal law, the expression 'personal law' referred to in s. 151 of the Madhya Pradesh Land Revenue Code, comprehends the Hindu Succession Act, 1956, which will, therefore, govern the inheritance to the 'estate' of widow who died on Nov. 6, 1956. Bajya v. Gopikabai, AIR 1978 SC 793 (797): (1978) 2 SCC 542: (1978) 3 SCR 561. (M.P. Land Revenue Code, 1959, s. 151)...
Rescue
Rescue, the taking away and setting at liberty, against law, a distress taken, or a person arrested by the process or course of law (Co. Litt. 160 b). Rescue of persons the custody of the law has been dealt with in by a number of Statutes from 23 Edw. 1. Aiding a prisoner to escape is a felony by the Prison Act, 1865 (28 & 29 Vict. c. 126), s. 37. See Archbold's Criminal Pleading, Ev. And Practice, 25th Edn. pp. 1112-1123. Rescue of children from approved schools (late reformatory or industrial), see Children and Young Persons Act, 1933 (23 & 24 Geo. 5, c. 12); rescues from prisons abroad, see 22 Vict. c. 25; of persons of unsound mind, see Lunacy Act, 1890.The act or an instance of saving or freeing someone from danger or captivity, Black's Law Dictionary, 7th Edn., p. 1308.Rescue lies where a person distrains for rent or services, or for damage feasant, and is desirous of impounding the distress, and another person rescues the distress from him. The party distraining must be in posse...
Personality of laws
Personality of laws. By the personality of laws, foreign jurists generally mean all laws concerning the condition, state, and capacity of persons; by the reality of laws, all laws which concern property of things; qu' ad rem spectant. Whenever they wish to express that the operation of a law is universal, they compendiously announce that it is a personal statute; and whenever, on the other hand, they wish to express that its operation is confined to the country of its origin, they simply declare it to be a real statute, Story's Confl. Of Laws, 8th Edn. p. 20....
Deprivation
Deprivation, taking away from a clergy-man his patronage, vicarage, or other spiritual promotion or dignity, either, first, by sentence declaratory in the proper Court for fit and sufficient causes; such as conviction of infamous crime; for heresy, gross immorality, and the like, or for farming or trading contrary to law, after two former convictions for the same offence; or, secondly, in pursuance of divers penal statutes, which declare the benefice void, for some nonfeasance or neglect, or else some malfeasance or crime, as for simony; for neglecting to read the liturgy and articles in the church, and to declare assent to the same within two months after induction; or for using any other form of prayer than the liturgy of the Church of England; or for continued neglect, after order of the bishop, followed by sequestration, to reside on the benefice; and see as to deprivation for immorality, etc., the (English) Clergy Discipline Act, 1892 (55 & 56 Vict. c. 32), s. 6(1)(b), and Oxford ...
Giving of notice
Giving of notice, 'Giving' of anything as ordinarily understood in the English language is not complete unless it has reached the hands of the person to whom it has to be given. In the eye of law however 'giving' is complete in many matters where it has been offered to a person but not accepted by him. Tendering of a notice is in law therefore giving of a notice even though the person to whom it is tendered refuses to accept it. We can find however no authority or principle for the proposition that as soon as the person with a legal duty to give the notice despatches the notice to the address of the person to whom it has to be given, the giving is complete, K. Narasimhiah v. H.C. Singvi Gowda, AIR 1966 SC 330 (332): (1964) 7 SCR 618. [Mysore Town Municipalities Act, 1951 (22 of 1951), s. 27(3)]...
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