Public Use - Law Dictionary Search Results
Home Dictionary Name: public use Page: 7 Page 7 of about 191 results (0.004 seconds)nuisance
nuisance [Anglo-French nusaunce, from Old French nuire to harm, from Latin nocēre] : something (as an act, object, or practice) that invades or interferes with another's rights or interests (as the use or enjoyment of property) by being offensive, annoying, dangerous, obstructive, or unhealthful at·trac·tive nuisance 1 : a thing or condition on one's property that poses a risk to children who may be attracted to it without realizing the risk by virtue of their youth 2 : a doctrine or theory employed in most jurisdictions: a possessor of property may be liable for injury caused to a trespassing or invited child by a condition on the property if he or she failed to use ordinary care in preventing such injury (as by fencing in a pool) and had reason to foresee entry by the child and if the utility of the condition was minor compared to the likelihood of injury [declined to extend the doctrine of attractive nuisance…to moving trains "Honeycutt v. City of Wichita,...
Graveyard
Graveyard, Under the Mahomedan Law the graveyards may be of two kinds - a family or private graveyard and a public graveyard. A graveyard is a private one which is confined only to burial of corpses of the founder, his relations or his descendants. In such a burial ground no person who does not belong to the family of the founder is permitted to be bury to his dead. On the other hand if any member of the public is permitted to be buried in a graveyard and this practice grows so that it is proved by instances adequate in character, number and extent, then the presumption will be that the dedication is complete and the graveyard has become a public graveyard where the Mahomedan public will have the right to bury their dead. It is also well settled that a conclusive proof of the public graveyard is the description of the burial ground in the revenue records as a public graveyard, Syed Mohd. Salie Labbai v. Mohd. Hanifa, AIR 1976 SC 1569 (1584): (1976) 4 SCC 780: (1976) 3 SCR 721.Once a Ka...
Open space
Open space, means it is only with reference to the country that the word 'open' carries the meaning 'free from wood building etc.' Accepting the several meanings of the word 'open' the existence of 7 or 8 scattered trees within the space sixty feet wide all round would not render the entire space any less an open space within the meaning of that expression in the proviso to rule 18(a) of the Madras Places of Public Resort Act II of 1888. It is equally clear that the existence of say one free at one corner of the space would not prevent the space being an open space, Nachimuthu v. Ramaswami Chettiar, 69 MLW 887: (1956) 2 MLJ 556 (DB).By the (English) Metropolitan Open Spaces Acts of 1877 and 1881, the (English) Metropolitan Board of Works (succeeded by the London County Council, under s. 40, sub-s. 8, of the (English) Local Government Act, 1888) had power to acquire and to hold of the use of the public any open spaces within the metropolis. These Acts were extended, with amendments, to ...
Intoxicating liquor
Intoxicating liquor, the word 'intoxicating liquor' is not confined to potable liquor alone but would include all liquor which contain alcohol. Liquor should not only cover alcoholic liquor which is generally used for beverage purposes wand produce intoxication but would also include liquids containing alcohol, State of U.P. v. Synthetics and Chemicals Ltd., AIR 1980 SC 614: (1980) 2 SCR 531: (1980) 2 SCC 441. [Constitution of India, List II, 7th Sch., Entry 8]See also Synthetics and Chemicals Ltd. v. State of Uttar Pradesh, (1990) 1 SCC 109.Intoxicating liquors. The sale of intoxicating liquors by retail in England and Wales is now mainly regulated by the Licensing (Consolidation) Act, 1910 (10 Edw. 7 & 1 Geo. 5, c. 24), which repealed (see Sched. VII.) the whole or part of thirteen earlier Acts. The effect of this statute is shortly as follows:-1. Grant of Licence.--Defining 'intoxicating liquor' as meaning 'spirits, wine, beer, porter, cider, perry, and sweets, and any fermented, di...
Public meeting
Public meeting, a meeting which any person may attend. Any number of persons may meet in any place for any lawful purpose with the consent of the owner of that place; but without such consent, and in any case in the public streets, which are lawfully used for the purpose of passing and repassing only (see the ruling of Charles, J., in the Trafalgar Square case in 1887, and Ex parte Lewis, (1888) 21 QBD 191), there is no 'right of public meeting' known to English law.Political meetings within a mile of Westminster Hall during the session of Parliament are prohibited by the Seditious Meetings Act, 1817. As a result of disturbances created by persons advocating the extension of the parliamentary franchise to women there was passed the Public Meeting Act, 1908, which by s. 1 provides as follows:-1.-(1) Any person who at a lawful public meeting acts in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting was called together shall be guilty ...
In the interest of general public
In the interest of general public, the expression 'in the interest of general public' is of wide import comprehending public order, public health, public security, morals, economic welfare of the community and the objects mentioned in Part IV of the Constitution. in respect of legislations and notifications concerning the wages, working conditions or the other amenities for the working class, the courts have adopted a liberal attitude and the interest of the workers has been protected notwithstanding the hardship that might becaused to the employers, Municipal Corporation of the City of Ahmedabad v. Jan Mohammad Usmanbhai, AIR 1986 SC 1205 (1212): (1986) 3 SCC 20: (1986) 2 SCR 700.The phrase 'in the interest of the general public' is the phrase of a definite connotation and a known concept. This phrase, as used in amended s. 25-O, has been bodily lifted from Article 19(6) of the Constitution of India, Orissa Textile and Steel Co. v. State of Orissa, AIR 2002 SC 708 (725): (2002) 2 SCC ...
franchise
franchise [Anglo-French, literally, freedom, liberty, from Middle French, from franchir to free, from Old French franc free] 1 : a special right or privilege granted by the government to an individual, group, or business entity: as a : a right to conduct a business and esp. to be and to exercise the powers of a corporation b : a right granted to a public utility company to provide services and to use public land for that purpose 2 : a constitutional or statutory right ;esp : the right to vote used with the [restricting them in employment, education, the , legal personality, and public accommodation "W. H. Burns"] 3 : a right or license that is granted to an individual or group to market a company's goods or services in a particular territory under the company's trademark, trade name, or service mark and that often involves the use of rules and procedures designed by the company and services (as advertising) and facilities provided by the company in return for fees, royalties, ...
Transport Vehicle
Transport Vehicle, means a 'public service vehicle' and a 'public service vehicle', means any motor vehicle either used or adopted motor vehicle for carrying passengers for hire or reward which determines the category of the motor vehicle whether it is adopted for that purpose or not. It must follow that even if a motor vehicle is occasionally used for carrying passengers for hire or reward, it must be regarded when so used as a public service vehicle and therefore a transport vehicle, State of Mysore v. Syed Ibrahim, AIR 1967 SC 1424: (1967) 2 SCWR 18....
fraud
fraud [Latin fraud- fraus] 1 a : any act, expression, omission, or concealment calculated to deceive another to his or her disadvantage ;specif : a misrepresentation or concealment with reference to some fact material to a transaction that is made with knowledge of its falsity or in reckless disregard of its truth or falsity and with the intent to deceive another and that is reasonably relied on by the other who is injured thereby b : the affirmative defense of having acted in response to a fraud 2 : the crime or tort of committing fraud [convicted of securities ] see also misrepresentation NOTE: A tort action based on fraud is also referred to as an action of deceit. actual fraud : fraud committed with the actual intent to deceive and thereby injure another called also fraud in fact compare constructive fraud in this entry collateral fraud : extrinsic fraud in this entry constructive fraud : conduct that is considered fraud under the law despite the absence of an intent to...
Offer of shares to the public
Offer of shares to the public. Shares and debentures of limited companies, when allotted or agreed to be allotted with a view to sale to the public, must when offered to the public comply with the provision of s. 38 of the Companies Act, 1929; and see PROSPECTUS. Further, any offer in writing to any member of the public of any shares for purchase except as provided, i.e. (a) shares dealt in with permission of any recognised stock exchange in Great Britain; (b) shares allotted with a view to sale to the public; and (c) offers to persons doing regular business in the purchase or sale of shares, must comply with s. 356 of the same Act; s. 356 also absolutely prohibits 'share pushing,' i.e., any person going from house to house (not being an office used for business purposes) offering shares for subscription or purchase to the public or any member of the public...
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