Province - Law Dictionary Search Results
Home Dictionary Name: province Page: 3General custom of the Punjab
General custom of the Punjab, General custom - 'the general custom of the Punjab' is inaccurate. Plowden J., in Ralla v. Budha, 50 Pun Re 1893 at p. 223 said, 'it seems expedient to point out that there is strictly speaking no such thing as a custom or a general custom of the Punjab, in the same sense as there is a common law of England, - a general custom applicable to all persons throughout the province, subject (like the English common law) to modification in its application, by a special custom of a class, or by a local custom.' Young C.J., said in Mt. Simon v. Shahu, ILR 17 Lah 10 (11): AIR 1935 Lah 93, 'There is no such thing as general customary law known to the Legislature.' In Kesar Singh v. Achhar Singh, ILR 17 Lah 101 (106): AIR 1936 Lah 68 (69), Addison A.C. J. said that the expression 'general custom of the Punjab' was clearly a misnomer. Ujagar Singh & Co. v. Jeo, AIR 1959 SC 1041 (1044): 1959 Supp (2) SCR 781....
First imposition
First imposition, the 'first imposition' means not only the first imposition in the sense of an initial imposition, but it includes every fresh imposition levied at an increased rate, Amalgamated Coalfields Ltd. v. Janpada Sabha, AIR 1964 SC 1013 (1021): 1963 Supp (1) SCR 172. [Central Province Local Self Government Act, 1920 (4 of 1920), s. 51(2)]...
Existing law and law in force
Existing law and law in force, there is material difference between 'an existing law' and a 'law in force'. Apart from Article 366(10) of the Constitution, the expression 'Indian law' has itself been defined in s. 3(29) of the General Clauses Act, as meaning any Act, ordinance, regulation, rule, order, or bye-law which before the commencement of the Constitution had the force of law in any province of India or part thereof. The words 'law in force' as used in Article 372 are wide enough to include not merely a legislative enactment but also any regulation or order which has the force of law, Edward Mills Co. Ltd. v. State of Ajmer, AIR 1955 SC 25: (1955) 1 SCR 735. [Constitution of India, Arts. 366(10) and 372]...
Double complaint, or Double quarrel
Double complaint, or Double quarrel, duplex querela, a grievance made known by a clerk or other person, to the archbishop of the province, against the ordinary, for delaying or refusing to do justice in some cause ecclesiastical, as to give sentence, or institute a clerk, as in the celebrated case of Gorham v. Bishop of Exeter, (1850) 19 LJ Ex 376, CP 200, QB 279, in which the plaintiff, a clerk, succeeded on appeal in duplex querela against the defendant for not instituting him on the ground of alleged unorthodox views on Baptism, etc. It is termed a double complaint, because it is most commonly made against both the judge and him at whose suit justice is denied or delayed; and by Canon 95 the period of two months which the bishop had to inquire of the sufficiency of a clerk was abridged to twenty-eight days, before the expiration of which a duplex querela could not be brought....
District
District [fr. districtus, Lat.]: (1) The circuit or territory within which a person may be compelled to appear; (2) Circuit of authority; province.See [Constitution of India, Art. 243(a)]District means a district in a State. [Constitution of India, Art. 243(a), Art. 243P(a)]...
Displaced person
Displaced person, According to the definition of the term in East Punjab Act XXXVI of 1949, a 'displaced person' means 'a landholder in the territories now comprised in the Province of Punjab in Pakistan or a person of the Punjab extraction who holds land in the (West Pakistan) and who has since the last day of March 1947, abandoned or has been made to abandon his land in the said territories on account of civil disturbances or the fear of such distur-bances, or the partition of the country', Munshi Ram v. Financial Commissioner, (1979) 1 SCC 471: AIR 1979 SC 588: (1979) 2 SCR 846.Displaced person means any person who, on account of civil disturbances or of the fear of such disturbances in any area now forming part of Bangladesh, has, after the 14th day of April, 1957 but before the 25th day of March, 1971, left, or has been displaced from, his place of residence in such area and who has since then been residing in India. [Pharmacy Act, 1948, s. 32B(1)(c) Expl. (i)]...
Certiorari
Certiorari (to be more fully informed of), an original writ issuing out of the Crown side of the King's Bench Division of the High Court of Justice, addressed, in the king's name, to judges or officers of inferior Courts, commanding them to certify or to return the records of a cause depending before them, to the end that justice maybe done.Certiorari lies to remove into the High Court of Justice, King's Bench Division, which, superseding the King's bench, is the sovereign Court of justice in criminal causes, all indictments, coroners' inquisitions, summary convictions by magistrates, orders of removal of paupers, and of poor's rates, also orders made by commissioners of sewers and other commissioners, town councils, and railway companies, for the purpose of being examined and 'quashed,' if contrary to law. The writ may be granted either at the instance of the prosecutor or the defendant. A prosecutor was formerly entitled to a writ of certiorari as a matter of right, but a defendant c...
Custos spiritualium
Custos spiritualium, he that exercises the spiritual jurisdiction of a diocese, during the vacancy of any see, which, by the canon law, belongs to the dean and chapter, but at present, in England, to the archbishop of the province by prescription, Encyc. Londin....
Convocation
Convocation, an assembly of the clergy protected from molestation by 8 Hen. 6, c. 1. Its purpose is stated to be the enactment of canon law, subject to the license and authority of the sovereign (as required by the Act of Submission [25 Hen. 8, c. 19)], and the examination and censure of all heretical and schismatical books and persons. It is held during the session of parliament, and is convened by the sovereign. There are two convocations, one for the province of Canterbury, the other for that of York. Convocation consists of an upper and a lower house. In the upper sit the bishops and in the lower all the deans, the senior archdeacons, and the proctors of the clergy. A canon made in 1922 provides in detail for the consolidation of the lower houses. Convocation, by express license from the Sovereign, may legislate by making canons, which bind the clergy only. See Steph.Com., book 4, c. vi.; Hook's Church dictionary, tit. 'Convocation'; Reg. v. Archbishop of York, (1888) 20 QBD 740. S...
Consistory Court
Consistory Court, the pr'torium, or tribunal of every diocesan bishop, held in their several cathedrals for the trial of all ecclesiastical causes arising within their jurisdiction. The bishop's chancellor, or his commissary, is the judge, and from his sentence an appeal lies, by virtue of 24 Hen. 8, c. 12, to the archbishop of each province respectively....
- << Prev.
- Next >>