Rooks - Law Dictionary Search Results
Home Dictionary Name: rooksRooks
Rooks are animals (fer' natur'), and no action is maintainable for scaring them away from a rookery by discharging guns near it, Hannam v. Mockett, (1824) 2 B&C 934. But see FER' NATUR' and the qualified right of property, and therefore of action, ratione impotenti' in regard to young birds' nests....
Caw
To cry like a crow rook or raven...
Chess
A game played on a chessboard by two persons with two differently colored sets of men sixteen in each set Each player has a king a queen two bishops two knights two castles or rooks and eight pawns...
Passeriformes
The largest order of birds comprising about half the known species rooks finches sparrows tits warblers robins wrens swallows etc in four suborders Eurylaimi Tyranni Menurae Oscines or Passeres...
Rook
Mist fog See Roke...
Rookery
The breeding place of a colony of rooks also the birds themselves...
Damage
Damage, Any loss, whether actionable as an injury or not. See DAMNUM ABSQUE INJURIA.The expression 'damage' is not necessarily confined to physical damage. Ordinarily damage is caused by physical contact of the ship, such as in collision. But damage can also be caused to property by breach of contract or acts of commission or omission on the part of the carrier or his agents or servants by reason of the negligent operation and management of the vessel, as, for example, when cargo is damaged by exposure to weather or by negligent stowage, or, by the misconduct of those in charge of the ship, like when cargo is disposed of contrary to the instructions of the owner or by reason of theft and other misdeeds. In all these cases, damage arises by reason of loss caused by what is done by the ship or by the breach, negligence or misdeeds of those in charge of the ship. It must however be noticed that the expression 'damage done by any ship' has been construed by the English Courts as not to app...
Judicial discretion
Judicial discretion, signifies unrestrained exercise of choice or will; freedom to act according to one's own judgment; unrestrained exercise of will, the liberty of power of acting without other control than one's own judgment, Reliance Airport Develo-pers Pvt. Ltd. v. Airports Authority of India, (2006) 10 JT 424: (2006) 11 SCALE 208.Judicial discretion. Such matters in the course of a trial as are to be decided summarily by the judge, and cannot be questioned afterwards, are said to be within his discretion. Various matters incidental to the conduct of a cause before trial are also by statute left in the discretion of the Court, or a judge at chambers. Discretion is thus defined by Coke, in Rooke's case, 40 Eliz.: 'Discretion is a science of understanding, to discern between falsity and truth, between wrong and right, between shadows and substance, between equity and colourable glosses and pretences, and not to do according to their wills and private affections; for, as one said, ta...
Reasonable and probable cause
Reasonable and probable cause, means genuine belief based on reasonable grounds that the proceedings are justified, ST Sahib v. Hassan Ghani Sahib, AIR 1957 Mad 646.Reasonable and probable cause, such grounds as justify any one in suspecting another of a crime and giving him in custody thereon. Its absence is one of the causes of action in an action for malicious prosecution and its existence is a defence to an action for false imprisonment. After the jury have found the facts, the question whether the facts show a reasonable and probable cause is a question of law, not fact, but the judge may leave that finding to the jury in some cases, McDonald v. Rooke, (1835) 2 Bing (NC) 217. See Addison on Torts; Clerk and Lindsell on Torts. See FALSE IMPRISONMENT; MALICIOUS PROSECUTION.'Reasonable and probable cause' means a genuine belief, based on reasonable grounds, that the proceedings are justified, S.T. Sahib v. N. Hasan Ghani Sahib, AIR 1957 Mad 646.Reasonable and probable cause means an ...
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