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Home Dictionary Name: public use Page: 8Mandamus
Mandamus [we command). (1) A high prerogative writ of a most extensive remedial nature. In form it is a command issuing in the King's name from the King's Bench Division of the High Court only, and addressed to any person, corporation, or inferior court of judicature requiring them to do something therein specified, which appertains to their office, and which the court holds to be consonant to right and justice. It is used principally for public purposes, and to enforce performance of public duties. It enforces, however, some private rights when they are withheld by public officers.It is a general rule that this writ is only to be issued where a party has no other specific remedy; and he must apply to the court without delay. the jurisdiction is altogether in the discretion of the court. It can only be obtained from the King's Bench Division, and on motion, and not in an action; [(English) R.S.C., Ord. LIII., r. 4]. For rules of procedure, see (English) Crown Office Rules, 1906, rr. 49...
benefit
benefit 1 : something that provides an advantage or gain ;specif : an enhancement of property value, enjoyment of facilities, or increase in general prosperity arising from a public improvement general benefit : a benefit to the community at large resulting from a public improvement special benefit : a benefit from a public improvement that directly enhances the value of particular property and is not shared by the community at large NOTE: In proceedings for a partial taking for the purpose of a public improvement, the condemning authority may use a special benefit to the remaining land as a set-off against the landowner's damages for the taking. 2 in the civil law of Louisiana : a right esp. that serves to limit a person's liability benefit of dis·cus·sion : the right of a surety being sued to compel the suing creditor to sue the principal first benefit of di·vi·sion : the right of a surety being sued to compel the suing creditor to also sue the cosureti...
Church
Church, includes any chapel or other building generally used for public Christian worship. (Christian Marriage Act, 1872, s. 3)--The Church of England is a distinct branch of Christ's Church, and is also an institution of the State (see the first clause of Magna Carta), of which the sovereign is the supreme head by Act of Parliament (1 Eliz. c. 1), but in what sense is not agreed. According to Sir Wiliam Anson, the sovereign is head of the Church, 'not for the purpose of discharging and spiritual function, but because the Church is the National Church, and as such is built into the fabric of the State' (Law and Custom of the Constitution). 'The establishment of the Churchby law,' says Lord Selborne, 'consists essentially in the incorporation of the law of the Church into that of the realm, as a branch of the general law of the realm, though limited as to the causes to which, and the persons to whom it applies; in the public recognition of its Courts and Judges, as having proper legal j...
authority
authority pl: -ties 1 : an official decision of a court used esp. as a precedent 2 a : a power to act esp. over others that derives from status, position, or office [the of the president] ;also : jurisdiction b : the power to act that is officially or formally granted (as by statute, corporate bylaw, or court order) [within the scope of the treasurer's ] [police officers executing a warrant…are not required to “knock and announce” their and purposes before entering "National Law Journal"] c : power and capacity to act granted by someone in a position of control ;specif : the power to act granted by a principal to his or her agent actual authority : the authority that a principal in reality has granted to an agent actual express authority : the actual authority of an agent specifically stated or written by the principal actual implied authority : the actual authority of an agent that the principal has not specified but has purposely or through negligence a...
Drain
Drain. By s. 343 of the (English) Public Health Act, 1936, the following definition is given for that Act if not inconsistent with the context:'Drain' means a drain used for the drainage of one building or of any buildings or yards appurtenant to buildings within the same curtilege.'Sewer' does not contain a drain as defined in this section, but, save as aforesaid, includes all sewers and drains used for the drainage of buildings and yards appurtenant to buildings. The definitions under the Public Health Act, 1875, s. 4, and amending Acts, gave rise to some uncertainty, see Humphery v. Young, (1903) 1 KB 44, and Travis v. Uttley, (1894) 1 QB 233, and see s. 90 of the 1936 Act.See PUBLIC SEWER....
Platform
Platform. He who causes a platform to be erected for viewing a public exhibition, and admits the public for payment thereto, impliedly guarantees, to those so admitted, the security of the platform, Francis v. Cockerell, (1870) LR 5 QB 591, Ex. Ch; and see s. 37 of the (adoptive) (English) Public Health Amendment Act, 1890, by which platforms erected or used on public occasions must be safely constructed to the satisfaction of the urban authority of urban districts in which the Act has been adopted.Platform means any structure which is placed on or covers or projects over, any public road or any open drain, sewer or aqueduct. [Manipur Municipalities Act, 1994 (43 of 1994), s. 2(42)]...
Publication of any evidence
Publication of any evidence, when the proceedings in camera, if public are allowed to be present during the hearing the evidence which is recorded in their presence it will amount to publication and it is in that sense alone the word 'publication 'has been used in s. 14 of Official Secrets Act, 1923; Superintendent and Remembrancer of Legal Affairs v. Satyen Bhowmick, AIR 1981 SC 917: (1981) 2 SCC 109: (1981) 2 SCR 661....
Official duty
Official duty, implies that the act or omission must have been done by the public servant in the course of his service and that it should have been in discharge of his duty, B. Saha v. M.S. Kochar, (1979) 4 SCC 177: 1979 SCC (Cri) 939.The use of the expression 'official duty' implies that the act or omission must have been done by the public servant in the course of his service and that it should have been in discharge of his duty. The section does not extend its protective cover to every act or omission done by a public servant in service but restricts its scope of operation to only those acts or omissions which are done by a public servant in discharge of official duty, S.K. Zutshi v. Bimal Debnath, (2004) 8 SCC 31(38); see also State of Orissa v. Ganesh Chandra Jain, (2004) 8 SCC 40. (Cr. P.C., 1973, s. 197)It implies that the act or omission must have been done by the public servant in the course of his service and that it should fall within scope of range of his official duty, Rak...
Any public servant
Any public servant, there is no reason why the phrase 'any public servant' used in the same context should be taken to mean any specified public servant, Mahesh Prasad v. State of Uttar Pradesh, AIR 1955 SC 70 (72): (1955) 1 SCR 965. (Penal Code, 1861, s. 161)...
Sky Sign
Sky Sign. This expression is defined in s. 91 (3) of the Public Health Acts Amendment Act, 1907, as follows:-'Sky sign' meansAny word, letter, model, sign, device, or representa-tion in the nature of an advertisement, announce-ment, or direction supported on or attached to any post, pole, standard, framework, or other support wholly or in part upon, over, or above any house, building or structure which, or any part of which, sky sign shall be visible against the sky from some point in any street or public way, and includes all and every part of any such post, pole, standard, framework, or other support.The expression 'sky sign' shall also include:Any balloon, parachute, or other similar device employed wholly or in part for the purposes of any advertisement or announcement on, over, or above any house, building, structure, or erection of any kind, or on or over any street or public way;But shall not include:(a) Any flagstaff, pole, vane, or weathercock unless adapted or used wholly or ...
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