Provided Always - Law Dictionary Search Results
Home Dictionary Name: provided alwaysProvided always
Provided always, generally refers to and qualifies what has preceded, Martelli v. Hollowdy, LR 5 HL 532....
Valuation
Valuation, is a process which does not end on marks being awarded by an examiner, Sanjay Singh v. U.P. Public Service Commission, (2007) 3 SCC 720.Means the act or process of valuing, Jensen v. Jensen, 458 NW 2d 391 (1990).This term is generally applied to the equivalent in money of any kind of property. Thus for the payment of estate duty, a valuation of property of all kinds has to be made. Perhaps the most important and the most difficult valuation is that of land. This has almost invariably to be undertaken whenever land is compulsorily acquired. The difficulties that surround this question were fully considered in the case of Re Lucas and Chesterfield Gas and Water Board, (1909) 1 KB 16, in which Lord Justice Moulton in the course of his judgment said (at p. 29):-'The principles upon which compensation is assessed when land is taken under compulsory powers are well-settled. The owner receives for the lands he gives up their equivalent-that is, that which they are worth to him in m...
Infant
Infant [fr. infans, Lat., one who cannot speak], a person under twenty-one years of age, whose acts are in many cases either void or voidable. See AGE.At Common Law, the contracts of infants are divided into three classes: 1st. Those which are absolutely void; such as are positively injurious to the interests of the infant, and can only operate to his prejudice; as a surety-bond, or a release to his guardian.2nd. Those which are only voidable: such as are beneficial to him, which he may affirm or avoid when he comes of age; as a conveyance of lands, a promissory note, an account stated.3rd. Those which are binding ab initio and need on ratification: such as contracts for the public service, Articles of apprenticeship [see Green v. Thompson, (1899) 2 QB 1], executed contracts of marriage, representative acts as executor or trustee, contracts for necessaries. In an action brought for the price of goods, if the defendant pleads infancy, the onus is on the plaintiff to prove that the goods...
Musician, London
Musician, London. The (English) Metropolitan Police Act, 1864 (27 & 28 Vict. c. 55, 'Bass's Act' [Chitty's Statutes, tit. 'Police (Metropolis)'], repealing and strengthening the provisions of s. 57 of the (English) Metropolitan Police Act, 1839, enacts that any householder within the metropolitan police district, personally, or by his servant, or by any police constable, may require any street musician or street singer to depart from the neighbourhood of the house of such householder, on account of the illness, or on account of the interruption of the ordinary occupations or pursuits of any inmate of such house, or for other reasonable or sufficient cause;And every person who shall sound or play upon any musical instrument or shall sing in any thoroughfare or public place near any such house after being so required to depart, shall be liable to a penalty of not more than forty shillings, or, in the discretion of the magistrate before whom he shall be convicted, may be imprisoned for an...
Stage-play
Stage-play. It is enacted by the (English) Theatres Act, 1843 (see THEATRE), s. 23, that:-In this Act the word 'stage-play' shall be taken to include every tragedy, comedy, farce, opera, burletta, interlude, melodrama, pantomime, or other entertainment of the stage, or any part thereof: provided always, that nothing herein contained shall be constructed to apply to any theatrical representation in any booth or show which by the justices of the peace, or other persons having authority in that behalf, shall be allowed in any lawful fair, feast, or customary meeting of the like kind.See Wigan v. Strange, (1865) LR 1 CP 175...
Wager
Wager, a contract by A. to pay money to B. on the happening of a given event, in consideration of B. paying money to him on the event not happening; and see the elaborate definition of 'wagering contract' in Carlill v. Carbolic Smoke Ball Co., (1892) 2 QB 490, by Hawkins. J.1. Money or other consideration risked on an uncertain event; a bet or gamble 2. A promise to pay money or other consideration on occurrence of an uncertain event, Black's Law Dictionary, 7th Edn., p. 1573.At Common Law a wager was a legal contract, which the courts were bound to enforce, so long as it was not against morality, decency, or sound policy, Johnson v. Lumley, (1852) 12 CB 468. But by the (English) Gaming Act, 1845, s. 18:All contracts or agreements, whether by parol or in writing, by way of gaming or wagering, shall be null and void; and no suit shall be brought or maintained in any court of law or equity for recovering any sum of money or valuable thing alleged to be won upon any wager, or which shall ...
Always Afloat
Always Afloat. Charter-parties often require that a ship shall discharge her cargo 'always afloat.' This means that the port to which she is sent to discharge must be one in which she can lie safely with her full cargo and discharge it without touching the ground (Halsb. Laws of England)....
Industrial and Provident Societies
Industrial and Provident Societies. The (English) Statutes regulating these societies, 25 & 26Vict. c. 87, 30 & 31 Vict. c. 117, and 34 & 35 Vict. c. 80, were consolidated by the Industrial and Provident Societies Act, 1876 (39 & 40 Vict. c. 45), which by s. 6 provided for the registration of societies 'for carrying on any labour, trade, or handicraft, in-cluding the buying or selling of land, of which no member shall claim an interest in the funds exceeding 200l.'This Act was repealed and re-enacted with amend-ment by the (English) Industrial and Provident Societies Act, 1893 (56 & 57 Vict. c. 39), which pro-vides for the registration as an industrial and provident society of any society for carrying on any 'industries, businesses, trades specified in or authorized by its rules, whether wholesale or retail, and including dealings of every description with land,' but enacts that no member other than a registered society shall have any interest in the shares exceeding 200l. and contains...
Except as provided in this Act
Except as provided in this Act, the opening words 'Except as provided in this Act' limit the operation of the bar. It can reasonably be interpreted to mean that the bar of a suit is limited to matters in respect whereof the Act has provided a remedy. So construed before we apply the provisions of s. 26 of the Act, two conditions shall be complied with, namely, (I) the Railway administration shall have done an act or omitted to do an act in contravention of the provisions of Ch. V and (ii) the Act has provided a remedy in respect of that act or omission, Raichand Amulakh Shah v. Union of India, AIR 1964 SC 1268 (1270): (1964) 5 SCR 148. (C.P.C. 1908, s. 9; Railways Act, 1890, s. 26)...
Save as otherwise expressly provided in this Act
Save as otherwise expressly provided in this Act, s. 10 of the Maintenance of Internal Security Act opens with the words 'save as otherwise expressly provided in this Act'. These words mean that the s. would apply only to cases not expressly provided for in the Act, that is to say, it would not apply to cases falling under ss. 17 and 17-A which deal with cases 'otherwise expressly provided' in the Act, Sambhu Nath Sarkar v. State of West Bengal, AIR 1973 SC 1425: (1973) 1 SCC 856: (1974) 1 SCR 1....
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