Precedence - Law Dictionary Search Results
Home Dictionary Name: precedence Page: 3Executory devise
Executory devise. Mr. Fearne (Cont. Rem. 386) defines an executory devise to be, strictly, such a limitation of a future estate or interest in lands or chattels (though, in the case of chattels personal, it is more properly an executory bequest) as the law admits in the case of a will, though contrary to the rules of limitation in conveyances at Common Law. It is only an indulgence allowed to a man's last will and testament, where otherwise the words of the will would be void; for wherever a future interest is so limited by devise as to operate as a contingent remainder, such an interest is not an executory devise, but a contingent remainder.Executory Devises have been divided into three kinds, two relative to real, and the third to personal estate only, viz.:-(1) Where a testator devises his whole fee-simple, but upon some contingency qualifies such devise, and limits an estate on the contingency; e.g., a devise of land to the testator's wife for life, remainder to C., his second son ...
Population
Population, means the population of the municipal borough as ascertained at the preceding census, Nyamatkhan v. State, AIR 1994 Guj 64.As to the mode of ascertaining the 'population' of a municipal borough according to the returns of the last census, q.v., for the purposes of investment in its stock under s. 1 (m) of the (English) Trustee Act, 1925, see Re Druitt, (1903) 1 Ch 446.Population means the population ascertained at the last preceding census of which the relevant figures have been published. [Manipur Municipalities Act, 1994 (43 of 1994), s. 2(43)]Means the population as ascertained at the last preceding census of which the relevant figures have been published. [Constitution of India, Article 243(f)]...
Heraldry
Heraldry: (1) The science of heralds; see last title. (2) An old and obsolete abuse of buying and selling precedence in the paper of causes for hearing, See North's Life of Lord-Keeper Guilford, 204....
Privilege
Privilege, a privilege is the opposite of a duty, and the correlative of 'no-right', Isha Valimohamad v. Haji Gulam Mohamad and Haji Dada Trust, AIR 1974 SC 2061 (2065): (1974) 2 SCC 484: (1975) 1 SCR 720. [Bombay Rents Hotels and Lodging House Rates (Control) Act, 1947 s. 51(1)(ii)]An exceptional or advantage; an exemption from some duty, or attendance, to which certain persons are entitled, from a supposition of law, that the stations they fill or the offices they are engaged in, are such as require all their care; and that, therefore, without this indulgence, it would be impracticable to execute such offices so advantageously as the public good requires.The separate privileges of either House of Parlia-ment are extensive, but they are at the same time uncertain and indefinite. Amongst those privileges are, the power of committing persons to prison; the power of publishing matters which, if not issuing from such high authority, might become the subject of proceedings in a Court of la...
Prime Minister
Prime Minister. The statesman who in response to a summons from the King accepts the commission to form a Ministry; the Premier. The expression is of comparatively recent origin, dating from about the end of the eighteenth century. By a Royal warrant of December, 1905, he takes precedence directly after the Archbishop of York See Lord Morley's Walpole, ch vii., for an account of the position of the Prime Minister, and Ministers of the Crown Act, 1937 (1 Edw. 8 & 1 Geo. 6, c. 38)....
Postman
Postman, a barrister in the Court of Exchequer and Exchequer Division of the High Court, who had precedence in motions till the Exchequer was merged in the Queen's (now King's) Bench Divi-sion...
Pas
Pas (Fr.), precedence; right of going foremost....
Pari passu
Pari passu [Lat.], means 'with equal steps, equally, without preference' (Jowitts's Dictionary, Vol. II, 1959 Edn., p. 1294), International Coach Builders Ltd. v. Karnataka State Financial Corporation, (2003) 10 SCC 482 (493).With equal step, equally, without preference.The lexical meaning of the Latin word pari passu is -- at an equal rate or pace, with simultaneous progress, proportionately etc. This term is generally used in the context of creditors who, in marshalling assets, are entitled to receive out of the same fund without any precedence over each other, N.D. Jayal v. Union of India, (2004) 9 SCC 362 (389).Mean 'By an equal progress; equably, ratably; without preference, Narmada Bachao Andolan v. Union of India, (2005) 4 SCC 32....
Magna Carta
Magna Carta, [Latin 'great charter'] The English charter that King John granted to the barons in 1215 and Henry III and Edward I later confirmed. It is generally regarded as one of the great common-law documents and as the foundation of constitution liberties. The other three great charters of English Liberty are the Petition of Right (3 Car. (1628)), the Habeas Corpus Act (31 Car. 2 (1679)), and the Bill of Rights (1 Will. SM. (1689)). Also spelled Magna charta, Black's Law Dictionary, 7th Edn., p. 963.This Great Charter is based substantially upon the Saxon Common Law, which flourished in this kingdom until the Normaninvasion consolidated the system of feudality, still the great characteristic of the principles of real property. The barons assembled at St.Edmund's Bury, in Suffolk, in the later part of the year 1214, and there solemnly swore upon the high alter to withdraw their allegiance from the Crown, and openly rebel, unless King John confirmed by a formal charter the ancient li...
Knights of St. Michael and St. George
Knights of St. Michael and St. George, an order instituted in 1818, with precedence after equal classes of the Order of the Star of India....
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