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Tort

Tort [fr. tortus, Lat.], an injury or wrong independent of contract, as by assault, libel, malicious prosecution, negligence, slander, or trespass (see those titles). Actions are divided into actions in contract and actions in tort: see as to county Court jurisdiction in actions of tort when claim is under 100l. (except libel, slander seduction). See County Courts Act, 1934, s. 40, and as to costs of actions of tort commenced in High Court which could have been commenced in County Court, see s. 47, and COUNTY COURT. An action founded on tort was Tort [fr. tortus, Lat.], an injury or wrong independent of contract, as by assault, libel, malicious prosecution, negligence, slander, or trespass (see those titles). Actions are divided into actions in contract and actions in tort: see as to county Court jurisdiction in actions of tort when claim is under 100l. (except libel, slander seduction). See County Courts Act, 1934, s. 40, and as to costs of actions of tort commenced in High Court whic...


Personal effects

Personal effects, generally include such tangible property as is worn or carried about the person, or to designate articles associated with the person. Personal effects are used to designate articles associated with person, as property having more or less intimate relation to person of possessor, or such tangible property as attends the person, Words and Phrases, Permanent Edn., Vol. 31, p. 277.In the unabridged edition of the Random House Dictionary of the English Language, at page 1075, the expression is given the following meaning: Personal effects, privately owned articles consisting chiefly of clothing, toilet items, etc., for intimate use by an individual. In Black's Law Dictionary, Fourth Edition, at page 1301, the expression is assigned the following meaning: Personal effects, articles associated with person, as property having more or less intimate relation to person of possessor. In Cyclopedic Law Dictionary, Third Edition, at page 832, the expression 'personal effects' witho...


Personal property

Personal property, money, goods, cattle, chattels, stocks, shares, securities, debts, etc., and also leases for years, however long. Personal property is either in possession, or in action, where a man has not the actual occupation of the thing, but only a right to it arising upon some contract, and recoverable by an action at law.Any person may assign personal property, including chattels real, directly to himself and another person or other persons or corporation, by the like means as he might assign the same to another, Law of Property Amendment Act, 1859, s. 21.This was extended by the (English) Emergency Act, 1881, to conveyances of freehold land or choses in action by a husband to a wife or e contra. Now, by the (English) Law of Property Act, 1925, s. 72, a person may convey real or personal property to himself alone.In the case of real property there can be no such thing as an absolute ownership in the subject-matter, i.e., land; the utmost that any one, even an owner in fee sim...


Fatuous persons

Fatuous persons, idiots.Includes express reference to 'breach of statutory duty' and to 'liability in tort', Standard Chartered Bank v. Pakistan Shipping Corpn. (No. 4) (CA), (2000) 3 WLR 1692.Means negligence, breach of statutory duty or other act or omission, Standard Chartered Bank v. Pakistan Shipping Corpn. [HL(E), (2000) 3 WLR 1547: (2002) UKHL 43.Relates to the conduct of the defendant - in other words, as it relates to the plainiff's cause of action, Rowe v. Turner Hopkins & Partners, (1980) 2 NZLR 550; See also Standard Chartered Bank v. Pakistan Shipping Corpn., (2001) LR (QB) 167 (CA)....


Liability of such persons

Liability of such persons, the proper meaning of the words 'the liability of such person' in Order 21, Rule 50(2) is that primarily the question to try would be whether the person against whom the decree is sought to be executed was a partner of the firm, when the cause of action accrued, but he may question the decree on the ground of collusion, fraud or the like but so as not to have the suit tried over again or to raise issues between himself and his other partners, Gambhir Mal Pandiya v. J.K. Jute Mills Co. Ltd., AIR 1963 SC 243 (250): (1963) 2 SCR 190....


Persons interested

Persons interested, means the interest of the State government is manifest because it is the party which is required to pay the compensation, Sub-Divisional Officer (Compensation Officer) Mirzapur v. Raja Srinivasa Prasad Singh, AIR 1966 SC 1164....


Persons lawfully employed

Persons lawfully employed, has been interpreted to refer to the law enforcing agencies, Habibur Rahman Khan v. Jagdish Mondal, (1982) 1 Cal LJ 270; Bangshi Das v. Ajit Kumar Das, (1988) 16 Reports (Cal) 60....


Emigration of poor persons

Emigration of poor persons. See Poor Law Act, 1930 (20 Geo. 5, c. 17), s. 68, by which the council of any county or county borough may, with the consent of the Minister of Health, and in compliance with such rules, orders, and regulations as he may prescribe, procure, or assist in procuring the emigration of, any orphan or deserted child under 16 who is chargeable to the county or county borough; any poor person who is chargeable, or would be, if relieved, be chargeable to the county or county borough; any poor person having a settlement in the county or county borough. In the case of an orphan or deserted child the child must give its consent before a petty criminal court....


Feeble-minded persons

Feeble-minded persons are one of the four classes of 'defectives' for dealing with whom elaborate provision is made by the (English) Mental Treatment Act, 1927 (18 & 18 Geo. 5, c. 33), s. 1; see IDIOT. As to Scotland, see the (English) Mental Deficiency and Lunacy (Scotland) Act, 1913 (3 & 4 Geo. 5, c. 38)....


Person aggrieved

Person aggrieved, does not include a mere busy-body, but refers to one who has a genuine grievance on account of some order prejudicially affecting his interests, K.C. Pazhanimala v. State of Kerala, AIR 1969 Ker 154: (1968) ILR 2 Ker 422; P.S.R. Sadanatham v. Arunachalam, (1980) SCC (Cr) 649; V.D. Kumarappan v. Secy, Home Department, AIR 1960 Ker 378; Ashok Autoservice of Belim v. Union of India, AIR 1968 Goa 67; Ebrahim Aboobaker v. Custodian General of Evacuee Property, AIR 1952 SC 319; Custodian of Evacuees Property v. Ahad Noga, AIR 1957 J&K 50.If a person is a member of a society and is wrongfully excluded, then he is a 'person aggrieved', Chapadgaon Vividh Karyakan Seva Sahakari Society, Chapadgaon v. Collector of Ahmednagar, (1989) 3 Bom CR 641 [Maharashtra Co-operative Societies Act, 1960, s. 144]; Adi Pherozshab Gandhi v. H.M. Seervai, AIR 1971 SC 385; Mohammed Sharfuddin v. R.P. Singh, AIR 1957 Pat 235; Northern Plastics Ltd. v. Hindustan Photo Film Mfg. Co. Ltd., (1997) 4 S...



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