Public Use - Law Dictionary Search Results
Home Dictionary Name: public use Page: 6Public utility
Public utility, means usefulness but it is often used to refer to a corporation that performs a public service. Hence rail, roads, airlines, bus lines, gas and electricity corporation are known as public utilities. Public utilities also means public purpose depending upon the context in which it is used in a statute, rules or regulations, Earth Builders v. State of Maharashtra, AIR 1997 Bom 148...
Premises
Premises (pr'missa), in logic, propositions antecedently supposed or proved. In a deed the 'premises' are all the parts preceding the habendum. The word properly applies to what has been previously described or mentioned, and is used only in that sense in well-drawn instruments (Dav. Prec. in Conveyancing, vol. i.). It is, however, often used as meaning land or houses.For the statutory meaning, see particular statutes, e.g., (English) Public Health Act, 1875, s. 4, where 'premises' includes messuages, buildings, lands, easements, tenements and hereditaments of any tenure.Include any shop, stall, or place where any article of good is sold or manufactured or stored for sale. [Prevention of Food Adulteration Act, 1954 (37 of 1954), s. 2 (xi)]Means any land or any building or part of a building and includes-The garden, grounds and outhouses, if any, appertaining to such building or part of a building, andAny fittings affixed to such building or part of a building for the more beneficial en...
Toll
Toll [fr. tollo, Lat.], to bar, defeat, or take away, as to 'toll an entry' is to deny and take away the right of entry. See (English) Real Property Limitation Act, 1833 (3 & 4 Wm. 4, c. 27), s. 39.1. A sum of money paid for use of something esp. The consideration paid to use a public road, highway, or bridge2. A charge for a long call distance, Black's Law Dictionary, 7th Edn.[fr. tol, Sax. And Dut.; told, Dan.; toll, Wel.; taille, Fr.] has two significations:-(1) A liberty to buy and sell within the precincts of the manor, which seems to import as much as a fair or market.(2) A tribute or custom paid for passage. For its importance in railway law, see ss. 3, 86 and 92 of the Railways Clauses Consolidation Act, 1845, s. 86, providing that:-It shall be lawful for the company to use and employ locomotive engines or other moving power, and carriages and waggons to be drawn or propelled thereby, and to carry and convey upon the railway all such passengers and goods as shall be offered to ...
By way open to all traffic
By way open to all traffic, requires evidence of current vehicular use, that this section requires the combined pedestrian and equestrian use of the route to outweigh the vehicular use, but does not require that there should be both pedestrian and equestrian use, but that, although there was evidence of the requisite current use of the route, Buckland v. Secretary of State for the Environment and Transport and the Regions, (2000) 1 WLR 1449 (QB).By way open to all traffic, is a highway over which the public had a right of way for vehicular and all other kinds of traffic, but which was used by the public mainly for the purposes for which footpaths and bridleways were so used, Masters v. Secretary of State for the Environment Transport and the Regions, (2000) 3 WLR 1894 (CA).Means a highway over which the public has right of way for vehicular and all other kinds of traffic, but which is used mainly for the purpose for which footpaths and bridle ways are so used, Halsbury's Laws of Englan...
Lodging houses, common
Lodging houses, common. The term is defined in the (English) Public Health Act, 1936, s. 235, as 'meaning a house (other than a public assistance institution), provided for the purpose of accommodating by night poor persons, not being members of the same family, who resort thereto and are allowed to occupy one common room for the purpose of sleeping or eating, and include, where part only of a house is so used, the part so used.' As to the test of sleeping and having meals in a common room, see the judgment of Cozens-Hardy, L.J., in this case, and Longdon v. Broadbent, (1877) 37 LT 434. As to this use by persons of the poorer classes, see also L.C.C. v. Hankins, (1914) 1 KB 490. The Public Health Act, 1875, ss. 76 et seq., provided for their might be kept only by registered keepers. These provisions were amplified and rendered more stringent by Part V. of the (English) Public Health Acts Amendment Act, 1907 (7 Edw. 7, c. 53). Both these enactments are repealed and replaced by Part IX. ...
Regulation
Regulation, has been defined as a rule or order prescribed for management or governance, Corpus Juris Secundum (Vol. 76, p. 615).Regulation, includes regulation, Constitution of India, Art. 13(3)(a).Means a rule or order prescribed for management or governance. As a matter of fact the regulation has to be interpreted in the context in which it is used and not dehors the context, and thus regulation also includes a power to levy, Saurashtra Cement and Chemical Industries v. Union of India, AIR 2001 SC 8. [See Constitution of India, Sch. 7, List 1, Entry 54; Mines and Minerals (Regulation and Development) Act, 1957, s. 2]Means the regulations made by the council under s. 40. [Maharashtra State Council for Occupational Therapy and Physiotherapy Act, 2002, s. 2(r)]The expression 'regulation' in a given case may amount to prohibition, Talcher Municipality v. Talcher Regulated Market Committee, (2004) 6 SCC 178 (181). (Orissa Municipalities Act, 1950)The act or process of controlling by rule...
Consumer
Consumer, 'consumer' would include 'any person who consumes electrical energy supplied by a person who generates electrical energy for his own consumption', Jiyajee Rao Cotton Mills Ltd. v. State of Madhya Pradesh, AIR 1963 SC 414: (1962) Supp 1 SCR 282.The definition of the word 'consumer' shows that it would include a person who consumes energy generated by himself. The proposition that in the matter of the levy of electricity tax the Court should differentiate between cases wherein the energy consumed has been generated by someone other than the consumer and those wherein such energy has been generated by the consumer himself cannot, therefore, be countenanced, State of Mysore v. West Coast Papers Mills Ltd., (1975) 3 SCC 448: AIR 1975 SC 5: (1975) 2 SCR 127.The word 'consumer' is a comprehensive expression. It extends from a person who buys any commodity to consume either as eatable or otherwise from a shop, business house, corporation, store, fair price shop to use of private or p...
Public policy
Public policy, connotes some matter which concerns public good and the public interest. Expression does not admit of precise definition. Concept of 'public policy' is considered to be vague, susceptible to narrow or wider meaning depending upon the content in which it is used, Oil and Natural Gas Corporation Ltd. v. Saw Pipes Ltd., AIR 2003 SC 2629.Public policy, connotes some matter which concerns the public good and the public interest, Central Inland Water Transport Corporation Ltd. v. Broja Nath Ganguly, AIR 1986 SC 1571; Shri Parsar v. Municipal Board, (1997) 1 WLC 443.Public policy, demands that where fraud might have been contemplated but was not perpetrated, the defendants should not be allowed to perpetrate a new fraud. If the illegality of the transaction is trivial or venial and the plaintiff is not required to rest his case upon that illegality, then public policy demands that the defendant should not be allowed to take advantage of the position, Kedar Nath Motani v. Prahla...
Public prosecutor
Public prosecutor, means a Public Prosecutor or an Additional Public Prosecutor or a Special Public Prosecutor appointed under s. 28 and includes any person acting under the directions of the Public Prosecutor. [Prevention of Terrorism Act, 2002 (15 of 2002), s. 2(1)(e)]Means any person appointed under s. 24, and includes any person acting under the directions of a Public Prosecutor. [ Code of Criminal Procedure, 1973 (2 of 1974), s. 2 (u)]The 'Public Prosecutor' is the counsel for the government for conducting prosecution on behalf of the State Government or the Central Govern-ment as the case may be. He is an officer and like every advocate practicing before court, he owes an obligation to the court to be fair and just, Sheonandan Paswan v. State of Bihar, AIR 1987 SC 877: (1987) 1 SCC 288: (1987) 1 SCR 702.The King, in whose name criminal are prosecuted, because all offences are said to be against the King's peace, his Crown and dignity. By the (English) Prosecution of Offences Act,...
public
public 1 a : exposed to general view [ indecency] b : known or recognized by many or most people 2 a : of, relating to, or affecting all of the people or the whole area of a nation or state [ statutes] b : of or relating to a government : authorized by, administered by, or acting for the people as a political entity [ expenditures] [the prosecutor] c : of, relating to, or being in the service of the community or nation [holding office] d : provided for, used by, or containing the records of a government agency [the post office and other buildings] 3 : of or relating to people in general 4 : of or relating to business or community interests as opposed to private affairs [ policy] [a matter of concern] 5 : devoted to the general or national welfare [actions motivated by spirit] 6 : accessible to or shared by all members of the community [a hearing] [a park] compare private 7 : capitalized in shares that can be freely traded on the open market often used with go pub·...
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