S 27 - Law Dictionary Search Results
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Advertisement, [fr. avertissement, Fr.], a public notice or announcement of a thing.The duties payable on advertisements were repealed by 16 & 17 Vict. c. 63, s. 5.As to the protection afforded to Trustees and Personal Representatives by issuing an advertisement for creditors before distributing any real or personal property, see (English) Trustee Act, 1925, s. 27, amended by the (English) Law of Property (Amend.) Act, 1926, s. 7, and extending the (English) Law of Property Amendment Act, 1859 (22 & 23 Vict. c. 35), s. 29; Re Bracken, (1890) 43 Ch D 1.The regulation of advertisements is provided for by the (English) Advertisements Regulation Act, 1907 (7 Edw. 7, c. 27), and the (English) Ancient Monuments Act, 1931 (20 & 21 Geo. 5), s. 7. See also Advertisements Regulation Act, 1925, respecting advertisements affecting the view or amenities of a village or historic building. Advertisements for stolen property may amount to an offer to compound a felony, and thus constitute an offence w...
Infant
Infant [fr. infans, Lat., one who cannot speak], a person under twenty-one years of age, whose acts are in many cases either void or voidable. See AGE.At Common Law, the contracts of infants are divided into three classes: 1st. Those which are absolutely void; such as are positively injurious to the interests of the infant, and can only operate to his prejudice; as a surety-bond, or a release to his guardian.2nd. Those which are only voidable: such as are beneficial to him, which he may affirm or avoid when he comes of age; as a conveyance of lands, a promissory note, an account stated.3rd. Those which are binding ab initio and need on ratification: such as contracts for the public service, Articles of apprenticeship [see Green v. Thompson, (1899) 2 QB 1], executed contracts of marriage, representative acts as executor or trustee, contracts for necessaries. In an action brought for the price of goods, if the defendant pleads infancy, the onus is on the plaintiff to prove that the goods...
Voluntary conveyance
Voluntary conveyance. A conveyance by way of gift or otherwise without valuable consideration. Liable to be defeated, under 27 Eliz. c. 4, by a subsequent sale for value, but no voluntary disposition whenever made shall be deemed to have been made with intent to defraud by reason only that a subsequent conveyance for valuable consideration was made if that conveyance was made after the 18th January, 1893: (English) Law of Property Act, 1925, s. 173, reproducing 27 Eliz. c. 4, as amended by the (English) Voluntary Conveyances Act, 1893. Any conveyance made with intent to defeat or delay creditors may be set aside under 13 Eliz. c. 5; see Twyne's Case, (1601) 3 Rep. 80; 1 Sm. L.C., unless the conveyance was made for valuable consideration and in good faith or upon good consideration and in good faith to any person not having at the time of the conveyance notice of the intent to defraud creditors [s. 172 (3), (English) Law of Property Act, 1925] This Act (ss. 172 and 173) repeals and repr...
Specific provision to the contrary
Specific provision to the contrary, in the absence of any specific provisions to the contrary, the purpose of the Haryana legislature as well as of the Parliament in enacting the Haryana Children Act and the central Children Act (Act 60 of 1960) respectively was to give separate treatment to delinquent children in trial, conviction and punishment for offences including offences punishable with death or imprisonment for life. S. 27 is not 'a specific provision to the contrary', within the meaning of s. 5 of the Act; the intention of the Parliament was not to exclude the trial of delinquent children for offences punishable with death or imprisonment for life, inasmuch as s. 27 does not contain any expression to the effect 'notwithstanding anything contained in any Children Act passed by any State legislature'. Parliament certainly was not unaware of the existence of the Haryana Children Act coming into force a month earlier or the central Children Act coming into force nearly fourteen ye...
Admiralty
Admiralty, the Executive Department of State which presides over the naval forces of the kingdom. The normal head is the 'Lord High Admiral,' but in practice the functions of the Office are discharged by several Commissioners, of whom one is the Chief, and is called the First Lord. He is a member of the Cabinet and is assisted by four Sea Lords, now always selected from Officers of the Service, two Civil Lords and a Secretary.Means a court that exercises jurisdiction over all maritime contracts, torts, injuries or offences. The federal courts are so-called when exercising their admiralty jurisdiction, which is conferred by U.S. Constitution (Article III 2, Cl. 1), Black Law Dictionary, 7th Edn., p. 47.The Probate, Divorce, and Admiralty Division of the High Court of Justice was, as far as relates to Admiralty, formerly called the High Court of Admiralty, and was held before the Judge of the Admiralty, who formerly sat as deputy of the Lord High Admiral of England until that office was ...
Private company
Private company. A 'private company' is defined by s. 26 of the (English) Companies Act, 1929, as follows:-Company privately formed by members who subscribe the whole of the capital among them-selves.26. --(1), For the purposes of this Act the expression 'private company' means a company which by its articles-(a) restricts the right to transfer its shares; and(b) limits the number of its members to 50, not including persons who are in the employment of the company and persons who, having been formerly in the employment of the company, were, while in that employment and have continued after the determination of such employment to be, members of the company; and(c) prohibits any invitation to the public to subscribe for any shares or debentures of the company.(2) Where two or more persons hold one or more shares in a company jointly they shall, for the purposes of this section, be treated as a single member.S. 27, ibid., provides that if a company alters its articles so that the provisio...
Fact
Fact, question of. See QUESTIONS OF FACT.Something that actually exists; as aspect of reality, Black's Law Dictionary, 7th Edn., p 610.The word 'fact' means some concrete or material fact to which the information directly relates, Earabhadrappa alias Krishnappa v. State of Karnataka, AIR 1983 SC 446: (1983) 2 SCC 330: (1983) 2 SCR 552.Means and includes:(1) anything, state of things, or relation of things, capable of being perceived by the senses;(2) any mental condition of which any person is conscious; (Evidence Act, 1872, s. 3)A fact discovered within the meaning of s. 27 must refer to a material fact to which the information directly relates. In order to render the information admissible the fact discovered must be relevant and must have been such that it constitutes the information through which the discovery was made, H.P. Administration v. Om Prakash, AIR 1972 SC 975 (984). (Evidence Act, 1872, s. 27)Fact, should be given a broad and not a narrow or pedantic meaning. The word co...
Fact discovered
Fact discovered, The expression 'fact discovered' includes not only the physical object produced, but also the place from which it is produced and the knowledge of the accused as to this, Prabhoo v. State of Uttar Pradesh, AIR 1963 SC 1113 (1115). [Evidence Act 1872 (1 of 1872), s. 27]It is fallacious to treat the 'fact discovered' within the section as equivalent to the object produced; the fact discovered embraces the place from which the object is produced and the knowledge of the accused as to this, and the information given must relate distinctly to this fact. Information as to past user, or the past history, of the objects produced is not related to its discovery in the setting in which it is discovered. Information supplied by a person in custody that 'I will produce a knife concealed in the roof of my house' does not lead to the discovery of a knife; knives were discovered many years ago. It leads to the discovery of the fact that a knife is concealed in the house of the inform...
Accused person, a person accused of an offence
Accused person, 'a person accused of an offence', the expression, 'accused person' in s. 24 and the expression 'a person accused of any offence' have the same connotation, and describe the person against whom evidence is sought to be led in a criminal proceeding. The expression 'accused of any offence' is descriptive of the person against whom evidence relating to information alleged to be given by him is made provable by s. 27 of the Evidence Act. It does not predicate a formal accusation against him at the time of making the statement sought to be proved, as a condition of its applicability, State of Uttar Pradesh v. Deoman Upadhyaya, AIR 1960 SC 1125 (1129, 1132): (1960) 1 SCR 14. [Evidence Act, (1 of 1872), ss. 24, 25, 27]...
Alkali works
Alkali works, The Acts regulating alkali works, 26 & 27 Vict. c. 120-a temporary Act, made perpetual by 31 & 32 Vict. c. 36-and 37 & 38 Vict. c. 43, were consolidated and amended by the alkali, etc., (English) Works Regulation Act, 1881 (44 & 45 Vict. c. 37), s. 29 of which defined 'alkali work' as 'every work for the manufacture of alkali, sulphate of soda, or sulphate of potash in which muriatic acid gas is evolved,' and recently after further amend-ment in 1892, again consolidated with additional amendments by the Alkali, etc., (English) Works Regulation Act, 1906 (6 Edw. 7, c. 14), by s. 27 of which the expression 'alkali work' means every work for-(a) the manufacture of sulphate of soda or sulphate of potash, or (b) the treatment of copper ores by common salt or other chlorides whereby any sulphate is formed, in which muriatic acid gas is evolved....
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