Proclaim - Law Dictionary Search Results
Husband
Husband, means a Parsi husband. [Parsi Marriage and Divorce Act, 1936 (3 of 1936) s. 2(5)]A married man; a man who has a lawful wife living, Black's Law Dictionary, 7th Edn., p. 746.Husband, the expression husband cover a person who enters into marital relationship and under the colour of such proclaimed or feigned status of husband subjects the woman concerned to cruelty or coerces her in any manner or for any of the purposes enumerated in the relevant provisions ss. 304B/498A, whatever be the legitimacy of the marriage itself for the limited purpose of s. 498A and 304B, I.P.C. The absence of a definition of 'husband' to specifically include such persons who contract marriages ostensibly and cohabit with such woman, in the purported exercise of their role and status as 'husband' is no ground to exclude them from the purview of s. 304B or 498A, I.P.C. viewed in the content of very object and aim of the legislations introducing those provisions [Indian Penal Code, 1860, ss. 498A and 304...
County Courts
County Courts. The old County Court was a tribunal inident to the jurisdiction of a sheriff, but was not a Court of Record. Proceedings were removable into a superior court by recordari facias loquelam, or writ of false judgment. Outlawries ofabsconding offenders were here proclaimed.Far more important inferior tribunals have now been established throughout England. They were first established in 1846 by 9 & 10 Vict. c. 95, 'the Act for the more easy recovery of Small Debts and Demands in England,' repealed and re-enacted with fourteen amending Acts by the consolidating and amending (English) County Courts Act, 1888 (51 & 52 Vict. c. 43), an Act very materially but very shortly amended by the (English) County Courts Act, 1903 (3 Dew. 7, c. 42), which came into operation on the 1st January, 1905, and raised the common law jurisdiction from 50l. (to which amount it had been raised by an Act of 1850 from the original 20l. under the Act of 1846) to 100l. The number of jurors was also raise...
Equal pay for equal work
Equal pay for equal work, it does not mean that all the members of a cadre must receive the same pay packet irrespective of their seniority, source of recruitment, educational qualifications and various other incidents of service, State of Andhra Pradesh v. G. Sreenivasa Rao, (1989) 2 SCC 290.Article 39(d) of the Constitution proclaims 'equal pay for equal work for both men and women' as a Directive Principle of State Policy. Equal pay for equal work for both men and women means equal pay for equal work for everyone and as between the sexes. The Preamble to the Constitution declares the solemn resolution of the people of India to constitute India into a Sovereign Socialist Democratic Republic. Again the word 'Socialist' must mean some thing. Even if it does not mean to each according to his need it must at least mean 'equal pay for equal work'.'The principle of equal pay for equal work is expressly recognized by all socialist systems of law, e.g., s. 59 of the Hungarian Labour Code, Pa...
Estrays
Estrays, such valuable animals as are found wandering in a manor or lordship, the owner whereof is not known; in which case the law gives them to the Sovereign, and they now most commonly belong to the lord of the manor by special grant from the Crown. But they must be proclaimed in the church and two market towns next adjoining to the place where they are found; and then, if no person claim them, after proclamation and a year and a day passed, they belong to the Sovereign or his substitute, without a redemption, even though the owner was a minor or under any other legal incapacity. The doctrine of estrays is only applicable to animals domit' natur', 2 Steph. Com.A valuable tame animal founds wandering and ownerless; an animal that his escaped from its owner and wanders about, Black's Law Dictionary, 7th Edn., p. 572....
Fine
Fine, a sum of money or mulct imposed upon an offender, also called a ransom. See PENALTY.An amicable final agreement or compromise of a fictitious or actual suit to determine the true possessor of land, Black's Law Dictionary, 7th Edn., p. 646.A sum of money paid by a tenant at his entrance into his land; or for the renewal of a lease; and see FINES IN COPYHOLDS.An assurance by matter of record, founded on a supposed previously existing right, abolished by the Fines and Recoveries Act, 1833 (3 & 4 Wm. 4, c. 74). In every fine, which was the compromise of a fictitious suit and resembled the transactio of the Romans, there was a suit supposed, in which the person who was to recover the thing was called the plaintiff, conusee, or recognisee, and the person who parted with the thing the deforceant, conusor, or recognisor. It was termed a fine for its worthiness, and the peace and quiet it brought with it'finis fructus exitus et effectus legis. There are five essential parts to the levying...
Horning, letters of
Horning, letters of, warrant for charging persons in Scotland to pay or perform certain debts and duties; so called because they were originally proclaimed by horn or trumpet, Bell's Law Dict...
Proclamation, Fine with
Proclamation, Fine with. To render a fine more universally public and less liable to be levied by fraud or covin, it was directed by 4 Hen. 7, c. 24 (in confirmation of a previous statute), that a fine after engrossing should be openly and solemnly read and proclaimed in count (during which all pleas should cease), sixteen times, viz., four times in the term in which it was made, and four times in each of the three succeeding terms, which was reduced to once in each term by 31 Eliz. c. 2, and these proclamations were endorsed on the record. Abolished by the Fines and Recoveries Act, 1833....
Indicavit
Indicavit (he has proclaimed), a writ of prohibition that lies for a patron of a church, whose clerk is sued in the spiritual Court by another clerk for tithes which amount to a fourth part of the profits of the advowson, when the suit belongs to the Common Law Courts, by West. 2, c. 5, 13 Edw. 1, st. 4. The patron of the defendant is allowed this writ, as he is likely to be prejudiced in his church and advowson if the plaintiff recover in the spiritual Court, Reg. Brev. 55....
Manumission
Manumission, the act of giving freedom to slaves. Among the Romans it was performed in three several ways: 1st, when with his master's consent a slave had his name entered in the census or public register of the citizens; 2nd, when the slave was led before the pr'tor, and that magistrate laid his wand (vindicta) on his head; 3rd, when the master, by his will, gave his slave freedom. A Mong us, in the time of the Conqueror, villeins were manumitted by their master delivering them by the right hand to the viscount or sheriff in full Court, showing them the door, giving them a lance and a sword, and proclaiming them free. Others were manumitted by charter. There was also an implied manumission, as when the lord made an obligation for payment of money to the bondman at a certain day, or sued him where he might enter without suit, and the like, Jac. LawDict....
Martial law
Martial law, in India, Parliament by law can impose law in any part of the country in case of grave insurrection and provide for indemnity of acts of persons in the maintenance or restoration of order in any area where martial law was in force, validate any sentence passed, punishment inflicted, forfeiture ordered or any other act done under martial law, Commentary on the Constitution of India, Durga Das Basu, Vol. 2, 4th Edn., p. 297, Constitution of India, Art. 34.Martial Law, in the proper sense of the term, means the suspension of ordinary law and the government of a country or parts of it by military tribunals. It must be clearly distinguished (1) from 'military law' (see that title), and (2) from that 'martial law' which forms part of the laws and usages of war. The term 'martial law' is also sometimes used as meaning the common law right of the Crown to repel force by force in the case of insurrection, invasion or riot, and to take such exceptional measures as may be necessary f...
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