Regulated By Usage - Law Dictionary Search Results
Home Dictionary Name: regulated by usage Page: 2 Page 2 of about 19 results ( seconds)Constitution
Constitution, any regular form or system of government. Also a particular law, ordinance, or regulation made by the authority of any superior; as the Novel Constitutions of Justinian and his successors; the Constitutions of Clarendon; the Ecclesiastical Constitutions, etc.Constitution and 'Organisation' as against jurisdiction and powers', words do not include words 'jurisdiction' and powers' within their scope and power of 'Constitution' and 'organisation' of the Supreme Court and High Court nests with Parliament alone, Jamshed N. Guzdar v. State of Maharashtra, (2005) 2 SCC 59.Constitution is the mechanism under which the laws are to be made and not merely an Act which declares what the law is to be. A Constitution must not be construed in any narrow or pedantic sense, and that construction most beneficial to the widest possible amplitude of its power, must be adopted, India Cement Ltd. v. State of T.N., (1990) 1 SCC 12: AIR 1990 SC 85.Means the Constitution of India. [Supreme Court ...
Market
Market [anciently written mercat, fr. mercatus, Lat.], a public time and place of buying and selling; also purchase and sale. It differs from the forum, or market of antiquity, which was a public market-place on one side only, the other sides being occupied by temples, theatres, etc.A market can only be set up by virtue of a royal grant, or by long and immemorial usage, which presupposes a grant.See FAIRS; and (English) Public Health Act, 1875, s. 167, the Public Health Act, 1908 (8 Edw. 7, c. 6), and the Markets and Fairs Clauses Act, 1847 (10 & 11 Vict. c. 14); (English) Markets and Fairs (Weighing of Cattle) Acts, 1886 to 1926.As to disturbance of market, see Goldsmid v. Great Eastern Railway Co., (1884) 9 App Cas 927; A.G. v. Horner (No. 2), (1913) 2 Ch 140. In City of London Fruit Corporation v. Lyons, Sons & Co. Ltd., 1936 Ch 78, it was held that any member of the public has a right of access to a franchise market on payment of tolls and observance of bye-laws for the purpose of ...
Election
Election, the word 'election' means any and every act taken by the competent authority after the publication of the election notification, Manda Jaganath v. K.S. Rathnam, (2004) 7 SCC 492: AIR 2004 SC 3601 (3604).The act of selecting one or more from a greater number for an office.The exercise of his choice by a man left to his own free will to take or to do one thing or another. It is the obligation imposed upon a person to choose between two inconsistent or alternative rights or claims. Thus, in Scarf v. Jardine, (1882) 7 App Cas 345, the House of Lords held that a customer could not sue a new firm after having elected to sue a retiring partner.Electio semel facta et placitum testatum non patitur regressum. Quod semel placuit in electionibus amplius displicere non potest. Co. Litt. 146, 146 a.--(Elections once made and plea witnessed suffers not a recall. What has once pleased a man in elections cannot displease him on further consideration.) See also Re Simms, Ex p. Trustee, 1934 Ch...
Fees
Fees, perquisites allowed to officers in the administration of justice, as a recompense for their labour and trouble, ascertained either by Acts of Parlia-ment, by rule or order of Court, or by ancient usage; in modern times frequently commuted for a salary, e.g., by the (English) Justices Clerks Act, 1877.Although, however, the officers of a court may be paid by salary instead of by fees, the obligation of suitors to pay fees usually remains, these fees being paid into the fund out of which the salaries of the officers are defrayed. In the Supreme Court they are collected by means of stamps under s. 26 of the (English) Judicature Act, 1875, and a Treasury Order of July, 1884, a judicial Order of the same year fixing the amount, and see Supreme Court Fees Rules, 1930.The mode of collecting fees in a public office is under the (English) Public Office Fees Act, 1879 (42 & 43 Vict. c. 58) (repealing and replacing the (English) Public Office Fees Act, 1866), by stamps or money, as the Trea...
Mahr (dower)
Mahr (dower), Mahr (dower) is neither dowry nor price for marriage: As explained in an old judgment by Justice Syed Mahmood, maher is 'not the exchange or consideration given by the man to the woman, but an effect of the contract imposed by law on the husband as a token of respect for its subject: the Woman'. Giving a correct appraisal of the concept of maher, the Privy Council once described it as 'an essential incident to the status of marriage'. On another occasion it explained that maher was a 'legal responsibility' of the husband. These judicial observations evidence a correct understanding of the Islamic legal concept of maher. Its substitute, a valid retirement, or by death, which by terminating the marriage, puts an end to all the contingencies to which it is exposed; and on the other hand the woman becomes entitled to it as soon as she has surrendered her person. Justice Mahmood has described the nature of mahr in Abdul Kadir Salima. According to him: Dower (mahr), under the M...
Markets and fairs
Markets and fairs. The right to hold a market or fair, i.e., to hold organized meetings of persons for the purpose of buying and selling, is derived from a royal grant either actual or to be presumed from long usage. Markets and fairs in large towns of modern growth are, however, frequently held under special Acts which incorporate the (English) Markets and Fairs Clauses Act, 1847 (10 & 11 Vict. c. 14), or under the Public Health Act, 1875. The following Acts regulate markets and fairs:-Metropolitan Fairs Act, 1868; Fairs Acts, 1871 and 1873; Markets and Fairs (Weighing of Cattle) Acts, 1887 and 1891, and 1926. See Newcastle (Duke of) v. Workshop U.D.C., (1902) 2 Ch 145; and consult Pease and Chitty on Markets and Fairs. See FAIRS AND MANOR....
Person
Person, a Hindu Undivided Family is a person, Kshetra Mohan-Sannyasi Charan Sadhukhan v. Commissioner of Excess Profit Tax, West Bengal, AIR 1953 SC 516.According to company law it does not mean an unregistered firm, Firm Pannaji v. Devichand Kapurchand, 99 IC 640.Person, does not include court, Kharka Gigabhai Mavji v. Soni Jagjivan Kanji, (1979) 20 Guj LR 256.Person, implies only an individual and does not bear scrutiny when construed in the case of a company, a firm of partners or an association of persons, J.K. Industries Ltd. v. Chief Inspector of Factories and Boilers, (1997) SCC (205) 1.Person, in an Act of Parliament passed after 1st January, 1890, includes 'any body of persons corporate or unincorporate' unless the contrary intention appears, Interpretation Act, 1889, s. 19. A corporation, such as a limited company, may be a 'respectable and responsible person' within the meaning of a covenant against assignment in a lease, Willmott v. London Road Car Co., (1910) 2 Ch 525. A c...
Property
Property, an actionable claim against the tenants is undoubtedly a species of property which is assignable, State of Bihar v. Kameshwar Singh, AIR 1952 SC 252.Comprises every form of tangible property, even intangible, including debts and chooses in action such as unpaid accumulation of wages, pension, cash grants, and constitutionally protected privy purse, See M.M. Pathak v. Union of India, AIR 1978 SC 802.Decree is to be treated as property, Associated Hotels of India v. Jodha Mal Kuthiala, AIR 1950 Punj 201.Every movable property is included in the ordinary connotation of the word 'property', Chunni Lal v. State, AIR 1968 Raj 70.In commercial law this may carry its ordinary meaning of the subject-matter of ownership. But elsewhere, as in the sale of goods it may be used as a synonym for ownership and lesser rights in goods, Dictionary of Commercial Law by A.H. Hudson, (1983, Edn.).In Entry 42, List III (Constitution of India) includes the power to legislate for acquisition of an un...
Time
Time. before 1751 the legal year in England began on the 25th March, therein differing from the common usage in the whole kingdom, and the legal method in Scotland. In 1751 the Gregorian, or present, calendar was substituted for the Julian Calendar by 24 Geo. 2, c. 23.1. A measure of duration 2. A point in or period of duration at or during which something is alleged to have occurred 3. Slang. A convicted criminal's period of incarceration, Black's Law Dictionary, 7th Edn.Time in Acts of Parliament (see, e.g., the definition of night in the Larceny Act) and legal instruments means, in Great Britain, Greenwich mean time, and in Ireland, Dublin mean time, by virtue of the Statute (Definition of Times) Act, 1880 (43 & 44 Vict. c. 9). See, however, Gordon v. Cann, (1899) 68 LJQB 434. The effect of the Summer Time Act, 1922, continued annually, should be noted. The time for Great Britain, Northern Ireland, the Channel Islands, and the Isle of Man is one hour in advance of Greenwich time dur...
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