Public Statutes - Law Dictionary Search Results
Award
Award [the primitive sense of ward is shown in the It. Guardare, Fr. regarder, to look. Hence, Prov. Fr. eswarder (answering in form to award), to inspect goods, and, incidentally, to pronounce them good and marketable; eswardenur, an inspector, Hecart. An award is accordingly, in the first place, the taking a matter into consideration and pronouncing judgment upon it; but in later times the designation has been transferred exclusively to the consequent judgment, Wedgw.], a document containing the determination of commissioners, under an Inclosure Act or other public statute; also an instrument embodying an arbitrator's decision on a matter submitted to him. It must follow the submission, but need not necessarily be in writing, unless so prescribed. An award is generally considered as published as soon as the arbitrator has done some act where by he becomes functus officio, and has declared, and can no longer change, his final mind. As soon as the award is executed, notice thereof shou...
Judicial Notice
Judicial Notice. Of many things, such as the course of nature, the common law of England, public statutes, the existence of a war in which this country is engaged, standard almanacs, the rule of the road (to keep on the left side), and the constitution of the government, a court does not require any proof. See best on Evidence, s. 253; Taylor on Evidence, part i., ch. 2; Powell on Evidence, 9th Edn., pp. 145 et seq.No fact of which the court will take judicial notice need to be proved (s. 56) court shall take judicial notice of certain facts and they need not be proved in the court see (Indian Evidence Act, Part II, Chapter II, S. 57)....
Adoptive Act of Parliament
Adoptive Act of Parliament, an Act which comes into operation within a limited area upon being adopted, in manner prescribed therein, by the local authorities or inhabitants of that area, e.g.:-The (English) Vestries Act, 1831 (repealed as to rural parishes by the (English) Local Government Act, 1894).Also the following, which in rural parishes can only be adopted by Parish Meetings:--The (English) Lighting and Watching Act, 1833. See Chitty's Statutes, tit. 'Gas.'The (repealed) (English) Baths and Washhouses Acts, 1846 to 1899, and London Government Act, 1899 (62 & 63 Vict. c. 14). See Chitty's Statutes, tit. 'Baths.'The (English) Burial Acts, 1852 to 1906. See Chitty's Statutes, tit. 'Burial.'The (English) Public Improvements Acts. See Chitty's Statutes, tit. 'Public Improvements.'The (English) Infectious Diseases Notification Act, 1879--made general in England by Act of 1899: The Infectious Diseases Prevention Act, 1890 (all repealed): The (English) Public Health Acts Amendment Act,...
Fraud
Fraud, a fraud is an act of deliberate deception with the design of securing something by taking unfair advantage of another. It is a deception in order to gain by another's loss. It is a cheating intended to got an advantage, S.P. Chengalvaraya Naidu v. Jagannath, AIR 1994 SC 853 (855): (1994) 1 SCC 1.A term used in a variety of meanings. At Common Law, fraud is actionable under the heading of deceit (q.v.).A knowing misrepresentation of the truth or con-cealment of a material fact to induce another to act to his or her detriment, Black's Law Dictionary, 7th Edn., p. 670.In equity and upon the equitable principles which are now applicable in any Court of law, fraud may be described as an infraction of the rules of fair dealing. For the action at law intention and representation (q.v.) are material. In equity an act or its consequences to the person aggrieved may be of greater importance than the intention of the defendant or any representation made to the plaintiff, and the same may b...
Sewer
Sewer, a trench or channel through which water or sewage flows.The Court of Commissioners of Sewers is a temporary tribunal, erected by commission under the Great Seal, which used to be granted pro re nata at the pleasure of the Crown, and later at the discretion of the Lord Chancellor, Lord Treasurer, and Chief Justices, pursuant to the Statute of Sewers (23 Hen. 8, c. 5). Their jurisdiction is to overlook the repairs of the banks and walls of the sea-coast and navigable rivers; or, with consent of a certain proportion of the owners and occupiers, to make new ones, and to cleanse such rivers, and the streams communicating therewith, and is confined to such county or particular district as the commission shall name. They are a Court of record, and may proceed b jury, or upon their own view, and may make orders for the removal of annoyances, or the conservation of the sewers within their commission according to the customs of Romney Marsh, or otherwise. They may also assess necessary ra...
Shall
Shall, a word of slippery semantics in a rule is not decisive and the context of the statute, the purpose of the prescription, the public injury in the event of neglect of the rule and the conspectus of circumstances bearing on the importance of the condition have all to be considered before condemning a violation as fatal, State of Punjab v. Shamlal Murari, (1976) 1 SCC 719.Shall, does not always mean that an act is obligatory or mandatory and it depends upon the context in which the word 'shall' occurs and the other circumstances, Ramnath Narayana Mauzo of Margoa v. Union Government of India, AIR 1968 Goa 85.Shall, does not always mean that the enactment is obligatory or mandatory. It depends upon the context in which the word shall occurs and the other circumstances, State of Madhya Pradesh v. Azad Bharat Finance Co., (1966) (Supp) SCR 473: (1967) 1 SCJ 815.Shall, in a statute, though generally taken in a mandatory sense, does not necessarily mean that in every case it shall have th...
Misconduct
Misconduct, is a relative term. It has to be considered with reference to the subject-matter and the context wherein such term occurs. It literally means wrong conduct or improper conduct, R.D. Saxena v. Balram Prasad Sharma, (2000) 7 SCC 264.Misconduct, means 'A transgression of some established and definite rule of action, a forbidden act, a dereliction from duty, unlawful behaviour, wilful in character, improper or wrong behaviour; its synonyms are misdemeanour, misdeed, misbehaviour, delinquency, impropriety, mismanagement, offence, but not negligence or carelessness, (Black's Law Dictionary), N.G. Dastane v. Shrikant S. Shivde, (2001) 6 SCC 135.The word 'misconduct' is not capable of precise definition, but at the same time though incapable of precise definition, the word 'misconduct' on reflection receives its connotation from the context, the delinquency in performance and its effect on the discipline and the nature of duty. The act complained of must bear a forbidden quality or...
Trust
Trust, is a comprehensive expression, as covering not only the relationship of trustee and beneficiary but also that a bailor and bailee master and servant pledger and pledgee, guardian and ward and all other relations which postulate the existence of fiduciary relationship between the complainant and the accused, State v. K.P. Jain, (1983) 2 Crimes 947 (All).Trust, is a trust for public purposes, the substances and primary intention of the creator must be seen, Shabbir Husain v. Ashiq Husain, AIR 1929 Oudh 225.Trust, is an obligation annexed to ownership. A trustee holds property 'subject' to an obligation, which the testator has imposed upon him, Mahadeo Ramchandra v. Damodar Vishwanath, AIR 1957 Bom 218: (1957) 59 Bom LR 478.Means any arrangement whereby property is transferred with intention that it be administered for another's benefit is a trust. It casts an obligation on the trustee to use the property for achieving the purpose for which the trust is created, Baba Jamuna Das Mah...
Limitation of actions and prosecutions
Limitation of actions and prosecutions. By various statutes, of which the first was 21 Jac. 1, c. 16, the (English) Limitation Act, 1623, and the principal succeeding ones, the Real Property Limitation Act, 1833 (3 & 4 Will. 4, c. 42), the (English) Civil Procedure Act (3 & 4 Will. 4, c. 27) [see Read v. Price, (1909) 2 KB 724], and 37 & 38 Vict. c. 57, the (English) Real Property Limitation Act, 1874, certain periods are fixed within which, upon the principle Interest reipublic' ut sit finis litium, particular actions must be brought or proceedings taken.In the case of simple contract the remedy on the contract is barred, leaving the creditor free to enforce his claims by other means which may be still available, such as enforcing a lien, subsequent acknowledgment by the debtor or appropriation of payments, but not by way of set-off (9 Geo. 4, c. 14, s. 3). In regard to land, the right to it is destroyed after the statutory period and neither re-entry nor acknowledgment after the laps...
Uniformity, Act of
Uniformity, Act of, (English) 14 Car. 2, c. 4, 'for the Uniformity of Public Prayers and Administration of Sacraments and other Rites and Ceremonies and for establishing the Form of making, ordaining, and consecrating Bishops, Priests, and Deacons of the Church of England' (now partly repealed), received the Royal Assent on May 19, 1662 and came into operation on August 24 (the feast of St. Bartholomew) following (see Lane's Notes on English Church History).After a long preamble setting forth the preparation of the Prayer Book by several Bishops and other Divines appointed by the King, its approval by the two Convocations, and stating that 'nothing more conduceth to the peace of this nation, nor to the honour of our religion and the propagation thereof, than an universal agreement in the public worship of Almighty God.' The Act directs that:All and singular ministers in any cathedral, collegiate or parish church or chapel or other place of public worship within this realm of England, d...
- ‹ Prev
- 1
- 3
- 4
- 5
- 6
- 7
- 8
- Next ›
- Last »