Probation - Law Dictionary Search Results
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probationable : not precluding probation : punishable by probation [a offense] ...
Iddat
Iddat, means the time of probation which a divorced woman or widow must wait before she marries again in order to determine whether she is pregnant, is called iddat, if, during the period of iddat, marriage is performed by a divorced woman, it is illegal. The period is four months and ten days according to the Mohammedan law. Even during this period the relations between her and her husband are not destroyed; and she will be entitled to maintenance by him. According to the texts, the time of iddat or term or probation allowed to a free woman is that occupied in three successive menstruation. The iddat of a pregnant woman continues until she be delivered of a child. Her husband must defray all her expenses (food, raiment, habitation, etc.) until this period is over. Such expenses to which she is entitled are called her Iddat (Mohammedan Law)....
Notwithstanding anything contained in law for the time in force
Notwithstanding anything contained in law for the time in force, sub-s. (1) of s. 4 of the Probation of Offenders Act contains the words 'notwithstand-ing anything contained in law for the time being in force'. The above non obstante clause points to the conclusions that the provisions of s. 4 of the Probation of Offenders Act would have overriding effect and shall prevail if the other conditions prescribed are fulfilled, Isher Das v. State of Punjab, AIR 1972 SC 1295 (1298): (1973) 2 SCC 65: (1972) 3 SCR 312....
Citation
Citation, a summons to appear, applied particularly to process in the spiritual, probate, and matrimonial courts, see Tristram v. Coote, (English) Probate Pr. And Probate Rules, 1862 and (non-contentious) 1925; a reference to authorities in support of an argument.A reference to a legal precedent or authority, such as a case, statute or treatise, that either substantiate or contradicts a given position, Black's Law Dictionary, 7th Edn....
Arches, Court of
Arches, Court of [fr. curia de arcubus, Lat.], a court of appeal belonging to the Archbishop of Canterbury, the judge of which is called the Dean of the Arches, because his Court was anciently held in the church of Saint Mary-le-Bow (Sancta Maria de arcubus), so named from the steeple, which is raised upon pillars, built archwise. It was formerly held, as also were the other principal Spiritual Courts, in the hall belonging to the College of Civilians, commonly called Doctors' Commons. It is now held at the Church House, Westminster. Its proper jurisdiction is only over the 13 peculiar parishes belonging to the Archbishop in London, but the office of Dean of the Arches having been for a long time united to that of the Archbishiop's Official Principal, the Dean of the Arches, in right of such added office, receives and determines appeals from the sentences of all Inferior Ecclesiastical Courts within the province. There was formerly an appeal to the king in Chancery, or to a Court of De...
Warning of a Caveat
Warning of a Caveat, a notice to a person who has entered a caveat in the Probate branch of the High Court to appear and set forth his interest. Consult Tristram and Coote's Probate Practice. See CAVEAT....
Succession duties
Succession duties. The (English) Succession Duty Act, 1853, amended by 22 & 23 Vict. c. 21, ss. 12-15, and by the Customs and Inland Revenue Acts, 1881, 1888, and 1889, imposed a new set of duties, varying in amount from 1 per cent. in the case of a child succeeding a parent to 10 per cent. in the case of succession to a stranger in blood, upon real or personal property to which any person succeeds on the death of another. The duty is calculated on the capitalized value for the life of the successor of the property succeeded to, in accordance with a table schedule to the Act of 1853; e.g., if a person aged fifty succeed to property worth 100l. a year, he pays succession duty upon 1242l. 19s. 6d.Succession duties are payable as a rule at the same rate as legacy duty in respect of all property liable to be administered by any Court in Great Britain and Northern Ireland--unlike legacy duty, it falls on property passing by death (succession), under disposition by deed or other instrument (...
Royal Courts of Justice
Royal Courts of Justice, the statutory name, by (English) Jud. Act, 1925, s. 222, replacing s. 28 of the (English) Jud. (Officers) Act, 1879, of the Law Courts, on the north side of the Strand, between St. Clement Danes Church and Chancery Lane, in which the business of the Supreme Court is transacted. The erection of buildings for bringing together into one place 'all the superior Courts of Law and Equity, the Probate and Divorce Courts and the court of Admiralty' recommended by a Royal Commission in 1858 was authorized by Parliament in 1865 by the (English) Courts of Justice Building Act and the Courts of Justice Concentration (Site) Act (28 & 29 Vict. cc. 48, 49). The Royal Courts were formally opened by Queen Victoria on the 4th of December, 1882, and opened for business on the 11th of January, 1883, the Judges' Chambers and other offices having been opened for business in January, 1880. Prior to the opening, the Chancery Division of the High Court occupied courts at Lincoln's Inn,...
administrator
administrator 1 : a person appointed by a probate court to manage the distribution of the assets in the estate of a person who has died without leaving a valid will or leaving a will that does not name an executor able or willing to perform see also administratrix letters of administration at letter compare executor, personal representative administrator ad litem : an administrator appointed to represent an estate that is a necessary party to a lawsuit administrator cum testamento annexo : administrator with the will annexed in this entry administrator de bo·nis non [-dē-bō-nis-nÄ n, -dā-bō-nis-nōn] : an administrator appointed to administer the remaining assets in the estate when the preceding administrator or executor can or will no longer perform administrator pen·den·te li·te [-pen-den-tē-lī-tē, -pen-den-tā-lē-tā] : special administrator in this entry administrator with the will annexed : an ...
Assent of personal representatives
Assent of personal representatives, At Common Law the personal estate passing by the will of a deceased person, including chattels real vested in the executor, virtute officii. The property passed to the legatee as soon as the executors assented to the bequest. The transfer was made not by the mere force of the assent but by virtue of the will, Attenborough v. Solomon, 1912 AC 76, and the assent might be given to one executor. No formalities were required. The assent might be implied, for instance, in the case of lease holds, by letting the person entitled into possession or the receipt of rent and profits, but the assent was required to be definite and unambiguous. When given it related back to the date of death and as a rule it could not be withdrawn [but see Whittaker v. Kershaw (1890), 45 CD 320]. This is still the law in regard to pure personalty, excluding chattels real. Before the (English) Land Transfer Act, 1897 (60 & 61 Vict. c. 65) real estate passed to the heir-at-law of th...
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