Presence - Law Dictionary Search Results
Home Dictionary Name: presencePresence
Presence, s. 273 provides for dispensation from personal attendance. In such cases evidence can be recorded in the presence of the pleader. The presence of the pleader is thus deemed to be presence of the accused. Thus s. 273 contemplates constructive presence. This shows that actual physical presence is not a must. This indicates that the term 'presence', as used in this s., is not used in the sense of actual physical presence. A plain reading of s. 273 does not support the restrictive meaning sought to be placed by the respondent on the word 'presence', State of Maharashtra v. Prafula B. Desai, AIR 2003 SC 2053 (2059): (2003) 4 SCC 601. (Criminal PC, 1973, s. 273)...
physical presence
physical presence The place where a person is actually, physically located. Source: Department of State. March 2007. ...
Marriage
Marriage. Marriage as understood in Christendom is the voluntary union for life of one man and one woman, to the exclusion of all others, Hyde v. Hyde, 1866 LR 1 P&D 130. Where a marriage in a foreign country complies with these requirements it is immaterial that under the local law dissolution can be obtained by mutual consent or at the will of either party with merely formal conditions of official registration, and it constitutes a valid marriage according to English law, Nachimson v. Nachimson, 1930, P. 217. Previous to 1753 the validity of marriage was regulated by ecclesiastical law, not touched by any statutory nullity but modified by the Common law Courts, which sometimes interfered with the Ecclesiastical Courts, by prohibition, sometimes themselves decide on the validity of a marriage, presuming a marriage in fact as opposed to lawful marriage. A religious ceremony by an ordained clergyman was essential to a lawful marriage, at all events for dower and heirship; but if in an i...
Attestation Clause
Attestation Clause, the sentence subscribed to a written instrument signed by the witnesses to its execution, stating that they have witnessed it. Such a clause (in very precise terms)is always appended to a will formally prepared, the most common form being as follows:-Signed by the above-named and acknowledged by him as his will in the presence of us present at the same time, who at his request and in his presence and in the presence of each other, now subscribe our names as witnesses.It is expressly provided by s. 9 of the (English) Wills Act, 1837 (1 Vict. c. 26), that the signature of the testator, or of some other person by his direction, 'shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time,' and that 'such witnesses shall attest and shall subscribe the will in the presence of the testator'; but it is added that 'no form of attestation shall be necessary.' By Rule 4 of the (English) Probate (Non-Contentious) Rules, 1925,...
Execution of Wills
Execution of Wills. By the (English) Wills Act, 1837 (7 Wm. 4 & 1 Vict. c. 26), s. 9:-No will shall be valid unless it be in writing and executed in manner hereinafter mentioned; (that is to say) it shall be signed at the foot or end thereof by the testator or by some other person in his presence and by his direction, and such signature shall be made or acknowledged by the testator in the presence of two or more witnesses present at the same time, and such witnesses shall attest and shall subscribe the will in the presence of the testator, but no form of attestation clause shall be necessary.The (English) Wills Act Amendment Act, 1852 (15 & 16 Vict. c. 24), contains most elaborate saving allowances for the position of the signature. Thus, the signature of the testator may be placed 'at, or after, or following, or under, or beside, or opposite to, the end of the will'; 'a blank space may intervene between the concluding word of the will and the signature'; the signature may be 'on a sid...
Quorum
Quorum (of whom), the number of members of an administrative or judicial body whose presence is necessary for the acts of the body to be valid; e.g., of a County Borough Licensing Committee, which consists of not less than seven members, the quorum is three members, (English) Licensing (Consolidation) Act, 1910, s. 3. The term is derived from the 'justices of the quorum.' See JUSTICES, and the General Index to Chitty's Statutes, tit. 'Quorum.''Quorum' denotes the minimum number of members of any body of persons whose presence is necessary in order to enable that body to transact its business validly so that its acts may be lawful. It is generally left to committees themselves to fix the quorum for their meetings and if it is not fixed by the authority which constituted it then it is competent for the committee itself to fix the quorum as part of its power to devise its day-today procedure. Quorum does not apply to bodies doing judicial function. Quorum is fixed for meetings of committe...
Transubstantiation
Transubstantiation, 'the change of the substance of the Bread and Wine in the Supper of our Lord' (Art. 28 of the Thirtynine Articles of Religion); 'a conversion of the whole substance of the Bread into the Body and of the whole substance of the Wine into the Blood, which conversion the Catholic Church calls Transubstantiation.'-Creed of Pope Pius IV., founded on Ch. iv., sess. xiii., of the Council of Trent.Declaration against Transubstantiation.-A Declaration (commonly called the 'Declaration against Transubstantiation') was required of all members of either House of Parliament in 1678, by 30 Car. 2, st. 2, c. 1, with the effect of disabling Roman Catholics from sitting in either House till the passing of the Roman Catholic Relief Act of 1829 (10 Geo. 4, c. 7).Declaration by each new Sovereign.-Both the Bill of Rights (1 W. & M. sess. 2, c. 2), and the Act of Settlement (12 & 13 Wm. 3, c. 2), by an incorporation, by reference only, of 30 Car. 2, st. 2, c. 1 (of which 'so much as is u...
Video conferencing
Video conferencing, is an advancement in science and technology which permits one to see, hear and talk with someone far away, with the same facility and ease as if he is present before you i.e., in your presence. In fact he/she is present before you on a screen. Except for touching one can see, hear and observe as if the party is in the same room. In video conferencing both parties are in presence of each other so long as the accused and/or his pleader are present when evidence is recorded by video conferencing that evidence is being recorded in the 'presence' of the accused and would thus fully meet the requirements of s. 273, Criminal Procedure Code. Recording of such evidence would be as per 'procedure establishment by law', State of Maharashtra v. Praful B. Desai, (2003) 4 SCC 601: AIR 2003 SC 2053 (2061). [Criminal Procedure Code, s. 273]...
contempt
contempt 1 : willful disobedience or open disrespect of the orders, authority, or dignity of a court or judge acting in a judicial capacity by disruptive language or conduct or by failure to obey the court's orders ;also : the offense of contempt called also contempt of court civil contempt : contempt that consists of disobedience to a court order in favor of the opposing party NOTE: The sanctions for civil contempt end upon compliance with the order. constructive contempt : indirect contempt in this entry criminal contempt : contempt consisting of conduct that disrupts or opposes the proceedings or power of the court NOTE: The sanctions for criminal contempt are designed to punish as well as to coerce compliance. direct contempt : contempt committed in the presence of the court or in a location close enough to disrupt the court's proceedings in·di·rect contempt : contempt (as disobedience of a court order) that occurs outside of the presence of the court 2 : wi...
Electro bioscopy
A method of determining the presence or absence of life in an animal organism with a current of electricity by noting the presence or absence of muscular contraction...
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