Statement, means statement of facts and not the statement of law, Madan Sah v. Laleshwar Choubey, AIR 1994 Pat 149. [See Bihar Buildings (Lease, Rent and Eviction) Control Act (3 of 1947), s. 14(4)]Statement, the primary meaning of the word 'statement' to be found in Shorter Oxford English Dictionary and Webster's New World Dictionary is 'something that is stated'. Another meaning that is given in the Shorter Oxford English Dictionary is 'written or oral communication'. The word 'statement' has been used in number of ss. so the Act in its primary meaning of 'something is stated' and that meaning should be given to it under s. 157 also unless there is something that cuts down that meaning for the purpose of that section, Bhogilal Chunilal Pandya v. State of Bombay, AIR 1959 SC 356 (359): 1959 Supp (1) SCR 310. (Evidence Act, 1872, s. 157)In its dictionary meaning is the act of stating or reciting, 'Prima facie' a statement cannot take in an omission. A statement cannot include that whic...
Testa de nevil, an ancient document in two volumes, in the custody of the King's Remembrancer in the Exchequer, more properly called Liber Feodorum.These books contain principally accounts (1) of fees holden either immediately of the king, or others who held of the king in capite, and if alienated whether the owners were in feoffed ab antiquo or de novo, as also fees holden in frankalmoigne, with the values thereof respectively; (2) of serjeanties holden of the king, distinguishing such as were rented or alienated, with the values of the same; (3) of widows, and heiresses of tenants in capite, whose marriages were in the gift of the king, with the values of their lands; (4) of churches in the gift of the king, and in whose hands they were; (5) of escheats, as well of the lands of Normans as others, in whose hands the same were, and by what services holden; (6) of the amount of the sums paid for scutage and aid, etc., by each tenant.These volumes were printed in 1807, under the authorit...
Vital statistics, registration of marriage would come within the ambit of expression 'vital statistics', Sheema v. Ashwini Kuar, (2006) 2 SCC 578....
Week, in the Shorter Oxford English Dictionary (Third Edition), the word 'week' has been described as meaning 'the cycle of seven days, recognized in the calendar of the Jews and thence adopted in the calendar of Christian, Moham-medan and various other peoples. A space of seven days, irrespective of the time from which it is reckoned. Seven days as a term for periodical payments (of wages, rent, or the like), or as a unit of reckoning for time of work or service'. In Webster's New World Dictionary (1962 Edition), the meaning of the word 'week' is given as 'a period of seven days, especially one beginning with Sunday and ending with Saturday; the hours or days of work in a seven-day period'. In Stroud's Judicial Dictionary (Third Edition), it is stated that '(1) though a week usually means any consecutive seven days, it will sometimes be interpreted to mean the ordinary notion of a week reckoning from Sunday to Sunday and (2) probably, a week usually means seven clear days'. A 'week' a...
cause 1 : something that brings about an effect or result [the negligent act which was the of the plaintiff's injury] NOTE: The cause of an injury must be proven in both tort and criminal cases. actual cause : cause in fact in this entry but-for cause : cause in fact in this entry cause in fact : a cause without which the result would not have occurred called also actual cause but-for cause concurrent cause : a cause that joins simultaneously with another cause to produce a result called also concurring cause compare intervening cause and superseding cause in this entry di·rect cause : proximate cause in this entry ef·fi·cient in·ter·ven·ing cause : superseding cause in this entry intervening cause 1 : an independent cause that follows another cause in time in producing the result but does not interrupt the chain of causation if foreseeable called also supervening cause compare concurrent cause and superseding cause in this entry 2 : super...
will 1 : the desire, inclination, or choice of a person or group 2 : the faculty of wishing, choosing, desiring, or intending 3 : a legal declaration of a person's wishes regarding the disposal of his or her property after death ;esp : a formally executed written instrument by which a person makes disposition of his or her estate to take effect after death see also codicil, living will, testament antenuptial will : a will that was executed by a person prior to that person's marriage and is usually revocable by the court if no provision was made for the person's spouse unless an intention not to make such a provision is manifest conditional will : a will intended to take effect upon a certain contingency and usually construed as having absolute force when the language pertaining to the condition suggests a general purpose to make a will counter will : mutual will in this entry holographic will : a will written out in the hand of the testator and accepted as valid in many sta...
Birth, Concealing. See Offences against the Person Act, 1861, s. 60, which enacts that every person who shall, by any secret disposition (see R. v. Brown, 1870 LR 1 CCR 244) of the dead body of a child, whether such child died before, at, or after his birth, endeavour to conceal the birth thereof, shall be guilty of a misdeameanour, punishable with imprisonment not exceeding two years. To constitute the offence it must be established that the mother was delivered of a child within the meaning of the statute (see R. v. Colmer, 9 Cox, 506; R. v. Hewitt, 4 F. & F. 1101), that there was a definite act of concealment of the body as distinguished from abandonment, that the child was dead at the time, and that a body has been found and identified with that of the child to whom the charge relates. S. 60 of the Act provides, further, that if any woman tried for the murder of a child is acquitted thereof, she can lawfully be convicted of concealment of birth if there is evidence of that offence....
Camera [fr. kam'pa, Gk.], the judge's chamber in Serjeants' Inn, Ken. Glos.--means room, chamber, Black's Law Dictionary, 7th Edn.The judge's private room behind the court.A trial is said to take place in camera when the public are excluded from the court.No criminal trial can take place in camera. Certain kinds of civil actions in the Chancery Division are heard in camera, e.g., cases concerning secret processes of manufacture.It has recently been decided (contrary to what was commonly supposed to be the law) that no nullity suit or other matrimonial cause, whatever its nature, can be heard in camera unless justice cannot otherwise be administered; see Scott v. Scott, 1913 AC 417, where the whole question of hearings in camera is discussed at length by the House of Lords.In a trial under the (English) Official Secrets Act, by the 1920 Act (10 & 11 Geo. 5, c. 75), s. 8, the public maybe excluded during part of the hearing (in certain cases) but the verdict must be pronounced in public....
Conservation, includes preservation, maintenance sustainable, utilisation, restoration and enhance-ment of the natural environment, T.N. Godavarman Thirumulpal v. Union of India, (2006) 1 SCC 1.The expression 'conservation' means 'the act of keeping or protecting from loss or injury'. With reference to the natural resources, the expression in the context means preservation of mineral; the wide scope of the expression 'conservation of minerals' comprehends any rule reasonably connected with the purpose of protecting the loss of coal through the waste of coal mine, such a rule may also regulate the discharge of slurry or collection of coal particles after the water content of slurry is soaked by soil, Bharat Coking Coal Ltd. v. State of Bihar, (1990) 4 SCC 557 (572). [Mines and Minerals, (Regulation and Development) Act, 1957, s. 18(1)]...
Day [fr. dies, Lat.; tag, Germ.], in its largest sense the time of a whole apparent revolution of the sun round the earth, but , in its popular acceptation, that part of the twenty-four hours when it is light, or the space of time between the rising and the setting of the sun. by the Roman Calendar the day commenced at midnight; and most European nations reckon in the same manner.In the space of a day all the twenty-four hours are usually reckoned. Therefore, in general, if I am bound to pay money on any certain day, I discharge the obligation if I pay it before twelve o'clock at night; after which the following day commences.If anything is to be done within a certain time, of, from, or after the doing or occurrence of something else, the day on which the first act or occurrence takes place is to be excluded from the computation, Williams v. Burgess, (1840) 12 A&E 635. In certain legislative and justiciary acts, e.g., the proceedings of the House of Lords as recorded in the Journals of...