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Home Dictionary Name: return day Page: 4Insurance
Insurance, see, Income-tax Act, 1961 (43 of 1961), s. 80C, Expl. 1.Insurance, the act of providing against a possible loss, by entering into a contract with one who is willing to give assurance, that is, to bind himself to make good such loss should it occur. In this contract, the chances of benefit are equal to the insured and the insurer. The first actually pays a certain sum, and the latter undertakes to pay a larger, if an accident should happen. The one renders his property secure; the other receives money with the probability that it is clear gain. The instrument by which the contract is made is called a policy; the stipulated consideration, a premium. As to what is known as a coupon policy, i.e., a coupon cut out of a diary, etc., see General Accident, etc., Assce. Corpn. v. Robertson, 1909 AC 404.Insurable Interest must be possessed by the person taking out a policy; he must be so circumstanced as to have benefit from the existence of the person or thing insured, and some preju...
Habeas corpus ad subjiciendum
Habeas corpus ad subjiciendum (that you have the body to answer). This, the most celebrated prerogative writ in the English law, is a remedy for a person deprived of his liberty. It is addressed to him who detains another in custody, and commands him to produce the body, with the day and cause of his caption and detention, and to do, submit to, and receive whatever the judge or Court shall consider in that behalf. The writ is applied for either by motion to a Court or application to a judge, supported by an affidavit of the facts. (See (English) Crown Office Rules, 1906, rr. 216-230.) If a probable ground be shown that the party is imprisoned without a cause and has a right to be delivered, this writ ought of right to be granted to every man committed or detained in prison or otherwise restrained, though by command of the sovereign, the Privy Council, or any other power. Therefore there is an absolute necessity of express-ing upon every commitment the reason for which it is made, that ...
Person resident in India
Person resident in India, 'person resident in India' is defined in clause (p) of s. 2 to mean: (i) a citizen of India, who has, at any time after the 25th day of March, 1947, been staying in India, but does not include a citizen of India who has gone out of, or stays outside, India, in either case - (a) for or on taking up employment outside India, or (b) for carrying on outside India a business or vocation outside India, or (c) for any other purpose, in such circumstances as would indicate his attention to stay outside India for an uncertain period; (ii) a citizen of India, who having ceased by virtue of paragraph (a) or paragraph (b) or paragraph (c) of sub-clause (i) to be resident in India, returns to or stays in India, in either case - (a) for or on taking up employment in India, or (b) for carrying on in India a business or vocation in India, or (c) for any other purpose, in such circumstances as would indicate his intention to stay in India for an uncertain period, Needle Indust...
Murder
Murder [fr. morthor, morthen, Sax.; murdrum, Low Lat.]. It is thus defined by Coke (3 Inst. 47): 'When a person of sound memory and discretion unlawfully killeth any reasonable creature in being, with malice aforethought, either express or implied'; see 4 Bl. Com. 195. Consult Russell on Crimes; Arch. Cr. Pl.; Steph. Dig.(1) The person committing the offence must be conscious of doing wrong, and able to discern between good and evil. See IDIOT; LUNATIC; DRUNKENNESS AND MACNAUGHTON'S CASE.(2) Death must result within a year and a day after the cause of death administered, see R. v. Dyson, (1908) 2 KB 454.(3) The person killed must be a reasonable creature in being, and under the king's peace.(4) The killing must be with malice aforethought, express or implied, and malice is implied from the perpetration of any felony, however absent from the mind of the perpetrator any intention to kill may be. When the act by which death is caused is done with the intention of causing death (See Indian...
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...
Adlamwr
Adlamwr [ad-lam-gwr, Cym., one returning], a proprietor, who, for some cause, entered the service of another proprietor without agreement, and left him after the expiration of a year and a day, was liable to the payment of thirty pence to his patron, Welsh Law....
Extradition
Extradition, the surrender by a foreign state of a person accused of a crime to the state where it was committed, in order that he may be tried there. It is recognized as a duty, independent of treaty, by international law, but is usually the subject of treaty terminable at one year's notice. The (English) Extradition Act, 1870 (33 & 34 Vict. c. 52), 'as to the whole of His Majesty's dominions' provides (s. 2) that where an arrangement has been made with any foreign state with respect to the surrender to such state of any fugitive criminals, his Majesty may, by Order in Council, direct that this Act shall apply in the case of such foreign state. The Act, as amended by the (English) Extradition Acts, 1873, 1895, and 1906, provides for the arrangements and procedure regarding extradition, see R. v. Daye, (1908) 2 KB 333, and imposes various restrictions thereon, e.g., in regard to political offences. The (English) Extradition Act, 1932 (22 & 23 Geo. 5, c. 39), adds offences in connection...
Custom of the country
Custom of the country, in agriculture, that usage governing the relations of agricultural landlords and tenants which is considered to be incorporated in every farming lease or agreement unless it ibe expressly excluded therefrom. The most important kinds of custom are those by which the tenant on quitting his holding has a right to be compensated for his expenditue on those acts of husbandry of which he cannot obtain thebenefit during the tenancy itself, as where the tenant goes out of Lady-Day, and si either paid in money for the seed and labour which he has expended upon the crop to be reaped in the autumn, or has a right to re-enter to till and gather his 'away-going crop.' See AWAY-GOING CROP.In many parts of England, the custom of the country entitles the tenant to be paid for artificial manures, and in some few, pre-eminently in Lincolnshire, for drainage and buildings; but customs are most variable and difficult to ascertain, and from a comparison of returns procured in 1848 by...
Cheap trains
Cheap trains. Early in the history of railways the companies were compelled by the (English) Railway Regulation Act, 1844 (7 & 8 Vict. c. 85), sometimes called the Cheap Train Act, to run one train a day at a penny a mile fare; in respect of which trains (ss. 6, 7) termed 'parliamentary trains,' or 'Government trains,' the companies were exempt from the passenger duty otherwise charge-able. Disputes arising between the companies and the Government as to the extent of this exemption, the (English) Cheap Trains Act, 1883 (46 & 47 Vict. c. 34), abolished the duty altogether on all fares not exceeding one penny per mile and empowered he board of Trade to require any company to provide proper accommodation at such fares, and also reasonable accommodation for workmen going to and returning from their work. See Browne or Thebald on Railways....
Bill of Rights
Bill of Rights, a declaration delivered by the Lords and Commons to the Prince and Princess of Orange, and afterwards enacted in Parliament, when they became King and Queen, as 1 W. & M., sess. 2, c. 2. Its Preambles sets forth that King James, by the assistance of evil counsellors, endeavoured 'to subvert and extirpate the Protestant religion and the laws and liberties of this kingdom,' by exercising a power of dispensing with and suspending of laws; by levying money for the use of the Crown by pretence of prerogative, without consent of Parliament; by prosecuting those who petitioned the King, and discouraging petitions; by raising and keeping a standing army in time of peace; by violating the freedom of election of members to serve in Parliament; by violent prosecutions and the causing partial and corrupt jurors to be returned on trials, excessive bail to be taken, excessive fines to be imposed, and cruel punishments to be inflicted; all of which are declared to be illegal; and the ...
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