Public Use - Law Dictionary Search Results
Home Dictionary Name: public use Page: 5Confiscation
The act or process of taking property or condemning it to be taken as forfeited to the public use...
Creed
A definite summary of what is believed esp a summary of the articles of Christian faith a confession of faith for public use esp one which is brief and comprehensive...
Police power and eminent domain
Police power and eminent domain, the police and eminent domain powers are essentially distinct. Under the police power many restrictions may be imposed and the property may even be destroyed without compensation being given, whereas under the power of eminent domain, the property may be appropriated to public use on payment of compensation only, Deputy Commissioner Collector v. Durganath Sarma, AIR 1968 SC 394 (399): (1968) 1 SCR 541....
Street
Street, as appearing in different provisions of the Punjab Municipal Act is to be read in the wider sense and not to be treated only as a lane. Parking place attached to road is also covered, Harpal Singh v. State of Punjab, AIR 1992 P&H 314. [Land Acquisition Act (1 of 1894), ss. 5A, 17; Punjab Municipal Act (3 of 1911), s. 58]Street, in the (English) Public Health Act, 1936 (26 Geo. 5 & 1 Edw. 8, c. 49), by s. 343, includes any highway, including a highway over any bridge, and any road, lane, footway, square, Court, alley or passage, whether a thoroughfare or not; and see A.G. v. Laird, 1925 C 318.Includes any way, road, lane, square, court, alley or passage in a cantonment, whether a thoroughfare or not and whether built upon or not, over which the public have a right-of-way and also the road-way or foot-way over any bridge or cause way. [Cantonments Act, 1924 (2 of 1924), s. 2(xxxvii)]Includes any way, road, lane, square, court, alley, passage or open space, whether a thoroughfare ...
Rate
Rate, A contribution levied by some public body for a public purpose, as a poor rate, a highway rate, a sewers rate, upon, as a general rule, the occupiers of property within a parish or other area.Proportional or relative value; the proportion of which quantity or value is adjusted, Black's Law Dictionary, 7th Edn., p. 1268.The term 'rate' is also used to mean a charge by a water, gas, railway, or other public undertaking for services rendered e.g., (English) Railways Act, 1921, s. 20; Metropolitan Water Board Charges Act, 1921 (11 & 12 Geo. 5, c. xciv.).The poor rate was levied under the (English) Poor Relief Act, 1601 (43 Eliz. s. 2), on the occupiers in each parish of 'lands, houses, tithes, coal mines, or saleable underwoods,' and the (English) Rating Act, 1874, extended the liability to rates to: (1) land used for a plantation or a wood, or for the growth of saleable underwood, and not subject to any right of common; (2) rights of fowling, shooting, taking, or killing game, or ra...
Nuisance
Nuisance [fr. nuire, Fr., to hurt], something noxious of offensive. Any unauthorised act which, without direct physical interference, materially impairs the use and enjoyment by another of his property, or prejudicially affects his health, comfort, or convenience, is a nuisance.Nuisance may be distinguished from negligence in that nuisance is an act or omission causing injury, the injury itself giving rise to an action for damages, while a person suffering from damage due to negligence must prove that the damage was caused by some want of care, according to its degree which was required in the particular circumstances of the case. Actions against persons or public undertakings for damage under statutory powers are generally founded on negligence. Where the actual method of exercising the power creating a nuisance is indicated by the statute negligence in the authorised method may be actionable. The onus appears to be on a defendant pleading that the nuisance was inevitable and compulso...
Public
Public, includes a section of the public. The word 'public', includes in its ordinary acceptation, any section of the public, Venkataraman Devani v. State of Mysore, AIR 1958 SC 255: (1958) SCR 895: (1985) SCJ 382: (1958) 1 Andh WR (SC) 109: (1958) 1 Mad LJ 109 (SC).Is a term of uncertain import, used with many different shades of meaning; public policy, public rights of way, public property, public authority, public nuisance, public house, public school, public company, Public Authorities Protection Act, 1893 (56 & 57 Vict. C 61.Public, is ordinarily used with reference to a joint body of citizens. It means that it is shared in or participated in or enjoyed by people at large, Otherwise, it is common to all the people, Azam Khan v. State of Andhra Pradesh, (1972) 2 Andh WR 288: (1972) Mad LJ (Cr) 674.The word 'public' includes any class of the public or any community. [Penal Code, 1860, s. 12]...
Charitable uses and trusts
Charitable uses and trusts. 9 Geo. 2, c. 26, commonly called 'The Mortmain Act,' 1735, after reciting that ifts or alienations of land in mortmain (see MORTMAIN) were prohibited by Magna Charta and other whole-some laws as prejudicial to the common utility, and that such public mischief had greatly increased by many large and improvident dispositions, made by languishing or dying persons to charitable uses, to take place after their deaths to the disherison of their lawful heirs, enacted that no lands or other hereditaments whatsoever, nor money, or personal estate to be laid out in land should be given to any person or bodies corporate, or charged by any person in trust, for any charitable uses, unless such gift, etc., should be made by deed (thus entirely excluding gifts by will) executed twelve months before the death of the donor and be enrolled in the court of Chancery within six calendar months after execution, and be without any power of revocation for the benefit of the donor.T...
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...
Highways
Highways, all portions of land, and passage which every subject of the kingdom has a right to use. See Pratt on Highways; also defined by the Highway Act, 1835 (5 & 6 Will. 4, c. 50), s. 5, 'All roads, bridges (not being county bridges), carriage ways, cartways, horseways, bridleways, footways, cause-ways churchways and pavements. They exist either by prescription, by authority of Acts of Parliament, or by dedication to the use of the public; and see the Rights of Way Act, 1932 (22 & 23 Geo. 5, c. 45). The right of the public, when once acquired, is permanent and inalienable except by the authority of Parliament-'once a highway, always a highway.' It cannot be lost by abandonment or non-user, and the public retain the right, though they may never have occasion to use it. But the right is only a right of passing and repassing, pausing only for such time as is reasonable and usual when persons are using a highway as such. A man has no right to stand on the highway in order to shoot pheas...
- << Prev.
- Next >>