Preamble - Law Dictionary Search Results
Home Dictionary Name: preamble Page: 2 Page 2 of about 48 results (0.002 seconds)Premunire
Premunire. [Lat., to be forewarned] It is an offence so called from the words of the writ preparatory to the prosecution thereof: Premunire facias A.B. (cause A.B. to be forewarned) that he appear before us to answer the contempt wherewith he stands charged; which contempt is particularly recited in the preamble to the writ....
Provisions of this Constitution
Provisions of this Constitution, the expression 'provisions of this Constitution relating to' means 'provisions having a dominant and immediate connection with': it does not mean merely having a reference to, H.H. Maharajadhiraja Madhav Rao Jivaji Rao Scindia Bahadur of Gwalior v. Union of India, AIR 1971 SC 530: (1971) 1 SCC 85: (1971) 3 SCR 9.The words 'provisions of this constitution' cannot be limited or confined to a particular chapter in the constitution or to a particular set of articles. While construing a constitutional provision, such a limitation ought not to be ordinarily inferred unless the context does clearly so require. The provisions of the constitution include the chapter relating to Fundamental Rights, the chapter relating to Directive Principles of State Policy as also the Preamble to the Constitution, S.R. Bonnai v. Union of India, (1994) 3 SCC (I) 220: AIR 1994 SC 1918. [Constitution of India, Article 356 (1)]...
Pr'munire
Pr'munire [fr. pr'moneri Lat., to be forewarned]. It is an offence so called from the words of the writ preparatory to the prosecution thereof: pr'munire facias A.B. (cause A.B. to be forewarned) that he appear before us to answer the contempt wherewith he stands charged; which contempt is particularly recited in the Preamble to the writ. The offence of pr'munire is, in effect, described by Balckstone to be 'introducing a foreign power into the land, and creating imperium in imperio, by paying that obedience to alien process which constitutionally belonged to the King alone'; see 4 Bl. Com. pp. 103 et seq.The statute of pr'munire (which are all still unrepealed, and are of the most confused character) were framed to encounter papal usurpation by presentation of aliens to English benefices. The first of them, called the Statutes of Provisors, was passed in 1350, in the twenty-fifth year of the reign of Edward III., and was the foundation of all the subsequent statute of pr'munire, of wh...
Public Worship Regulation Act, 1874
Public Worship Regulation Act, 1874 (English) (37 & 38 Vict. c. 85). By this Act'which proceeds on the preamble that it is expedient that in certain cases further regulations should be made for the administration of the laws relating to the performance of divine service according to the use of the Church of England'it was provided that whensoever a vacancy should occur in the office of official principal of the Arches Court of Canterbury (see ARCHES COURT), the judge appointed under that Act should become ex officio such official principal, and all proceedings thereafter taken before the judge in relation to mattes arising within the province of Canterbury should be deemed to be taken in the Arches Court of Canterbury. The Court may be set in motion on representation by one archdeacon, or churchwarden, or any three parishioners declaring themselves to be members of the Church of England: (1) that in any church any alteration in or addition to the fabric, ornaments, or furniture thereof...
Purview
Purview, the body of a statute as distinguished from the Preamble; the general scope and object of a statute, 2 Inst. 403; 12 Rep. 20....
Tobacco
Tobacco. The growth of tobacco was formerly prohibited in any part of the United Kingdom, and any person growing it was liable to a penalty of 10l. for every rood grown, recoverable by penal action. See 12 Car. 2, c. 34 (the preamble of which shows the origin of the prohibition to have been the protection and maintenance of the colonies and plantations in America, and of the commerce of this country with them); 15 Car. 2, c. 7; and the (English) Tobacco Cultivation Act, 1831 (1 & 2 Wm. 4, c. 13). As to Ireland the Irish Tobacco Act, 1907 (7 Edw. 7, c. 3), largely removed the restrictions as to growth, etc., and similar provision is now made for Scotland and England by the Finance (1909-10) Act, 1910, which repeals the two Acts of Charles II. and the Act of 1831, and by s. 83 (5) entirely removes all prohibition or restraint on the growth, making, or curing of tobacco in England and Scotland, and to the same time imposes [s. 83 (2)] an excise duty of 5s. for a licence to grow, cultivate...
Saladinetenth
Saladinetenth, a tax imposed in England and France, in 1188, by Pope Innocent III., to raise a fund for the crusade undertaken by Richard I. of England and Philip Augustus of France against Saladin, Sultan of Egypt, then going to besiege Jerusalem. By this tax every person who did not enter himself a crusader was obliged to pay a tenth of his yearly revenue and of the value of all his movables, except his wearing apparel, books, and arms. The Carthusians, Bernardines, and some other religious persons were exempt. Gibbon remarks that when the necessity for this tax no longer existed, the Church still clung to it as too lucrative to be abandoned, and thus arose the tithing of ecclesiastical benefices for the Pope or other sovereigns; and see the preamble to 23 Hen. 8, c. 20, wherein it is recited that the court of Rome exacted great sums of money under the title of annates or first-fruits, which were first suffered to be taken within the realm 'for thonelye defence of Cristen people ayen...
Sovereignty
Sovereignty, means 'supremacy in respect of power, dominion or rank; supreme dominion authority or rule. Sovereignty is the right to govern. The term sovereignty as applied to states implies 'Supreme, absolute, uncontrollable power by which any state is governed, and which resides within itself, whether residing in a single individual or a number of individuals, or in the whole body of the people. Sovereignty according to its normal legal connotation is the supreme power which govern the body politic, or society which constitutes the state and the power is independent of the particular form of government whether monarchial, autocratic or democratic, Govindrao v. State of Madhya Pradesh, AIR 1982 SC 1201.Means the Supreme, absolute and uncontrollable power by which any independent state is governed; supreme political authority paramount control of the constitution and frame of government and its administration; the self-sufficient source of political power from which all specific politi...
Supreme Court of Judicature
Supreme Court of Judicature. By Judicature Act, 1925, s. 1, there shall be a Supreme Court of Judicature in England consisting of His Majesty's High Court of Justice (referred to as the High Court), and His Majesty's Court of Appeal (referred to as the Court of Appeal).Formerly, by the (English) Supreme Court of Judicature Act, 1873, ss. 3 and 4 (amended by (English) Jud. Act, 1875, s. 9), it was enacted that from the commencement of that Act (November 1, 1875: see Judicature Act, 1875, s. 2) the court of Chancery of England, the Court of Queen's Bench, the Court of Common Pleas at Westminster, the Court of Exchequer, the High Court of Admiralty, the Court of Probate, and the Court for Divorce and Matrimonial Causes, should be united and consolidated together, and should constitute one Supreme Court of Judicature in England; the said Supreme Court to consist of two permanent Divisions, being 'Her (now His) Majesty's High Court of Justice' and 'Her (now His) Majesty's Court of Appeal.'S...
Parliament, the Imperial
Parliament, the Imperial. Formerly the Legislature of the United Kingdom of Great Britain and Ireland, now, by the Royal and Parliamentary Titles Act, 1927 (17 Geo. 5, c. 4), s. 2, styled the Parliament of the United Kingdom of Great Britain and Northern Ireland, (Southern Ireland or the Irish Free State having gotten the status of a 'Dominion,' see IRELAND), consisting of the King, and the three estates of the Realm, i.e., the lords spiritual and temporal (called the House of Lords or Upper House of Parliament), and the persons elected by the people (called the House of Commons, or Lower, or Nether House of Parlia-ment). Under the Government of Ireland Act, 1920 (10 & 11 Geo. 5, c. 67), s. 19 (a), and Sch. 5, Part II., as amended by 13 Geo. 5, sess. 2, c. 2, s. 1, 13 members are returned to the House of Commons in the Imperial Parliament by Northern Ireland, and the Irish Free State is excluded. Until the reign of Henry the Fourth both Houses sat together. See 4 Inst. P. 5.The word is...
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