S 108 - Law Dictionary Search Results
Home Dictionary Name: s 108Nuisance
Nuisance [fr. nuire, Fr., to hurt], something noxious of offensive. Any unauthorised act which, without direct physical interference, materially impairs the use and enjoyment by another of his property, or prejudicially affects his health, comfort, or convenience, is a nuisance.Nuisance may be distinguished from negligence in that nuisance is an act or omission causing injury, the injury itself giving rise to an action for damages, while a person suffering from damage due to negligence must prove that the damage was caused by some want of care, according to its degree which was required in the particular circumstances of the case. Actions against persons or public undertakings for damage under statutory powers are generally founded on negligence. Where the actual method of exercising the power creating a nuisance is indicated by the statute negligence in the authorised method may be actionable. The onus appears to be on a defendant pleading that the nuisance was inevitable and compulso...
Provost-Marshal
Provost-Marshal, an officer of the royal forces who has the charge of military prisoners, 13 Car. 2, c. 9, and Manual of Military Law.Means a person appointed as such under s. 107 and includes any of his deputies or assistants or any other person legally exercising authority under him or on his behalf. [Army Act, 1950 (54 of 1950), s. 3 (xx)]Means a person appointed as such under s. 108 and includes any of his deputies or assistants or any other person legally exercising authority under him or on his behalf. [Air Force Act, 1950 (45 of 1950), s. 4 (xxv)]...
Corn
Corn, means wheat, barley, rye, maize and oats which is produce of the United Kingdom, the Channel Islands or the Isle of Man, Corn Returns Act, 1882, s. 18 (amended by the Agriculture Act, 1970, s. 108(3) (d) (UK) Halsbury's Laws of England, Vol. 1(2), para 956, p. 585....
Industrial Schools
Industrial Schools. References to these words are to be replaced by the words 'Approved Schools' by the (English) Children and Young Persons Act, 1933 (23 & 24 Geo. 5, c. 12), s. 108.S. 44 of the (English) Children Act, 1908 (8 Edw. 7, c. 67), defined an 'industrial school' as 'a school for the industrial training of children in which children are lodged, clothed and fed as well as taught.' However, as to the present law, see APPROVED SCHOOLS...
Notes, Judge's
Notes, Judge's. a judge usually takes notes of the viva voce evidence given during the trial of an action, and these are in practice always referred to on appeal, although they cannot be obtained as a matter of right. In criminal trials the judge must, it seems, take such notes and furnish them, in cases of appeal, to the Court of Criminal Appeal [(English) Court of Criminal Appeal Act, 1907, ss. 8 and 9(a); and Criminal Appeal Rules, 1908, r. 14]. At the trial or hearing of any action or matter in the county court in which there is a right of appeal, the judge, at the request of either party, shall make a note of any question of law raised, and of the facts in evidence relating thereto, and of his decision thereon, and of his decision of the action or matter. Any party to the action is entitled to a copy at his own expense [(English) County Courts Act, 1888, ss. 120 and 121]. See now County Courts Act, 1934 (c. 53), ss. 105, 108; and McGrah v. Cartwright (1889) 23 QBD 3, as to the dut...
Relinquishment and assignment of tenancy
Relinquishment and assignment of tenancy, the distinction between an assignment on the one hand and relinquishment or surrender on the other is too plain to be ignored. In the case of an assignment, the assignor continues to be liable to be landlord for the performance of his obligation under the tenancy and this liability is contractual while the assignee becomes liable by reason of privity of estate. The consent of the landlord to an assign-ment is not necessary, in the absence of a contract or local usage to the contrary. But in the case of relinquishment, it cannot be a unilateral transac-tion; it can only be in favour of the lessor by mutual agreement between them. The relinquishment of possession must be to the lessor or one who holds his interest. In fact, a surrender or relinquishment terminates the lessee's rights and lets in the lessor, W. H. King v. Republic of India, AIR 1952 SC 156 (158): 1952 SCR 418. [Transfer of Property Act, 1882, s. 108(j)]...
Vested in court
Vested in court, it is thus difficult to accept the argument that the power vested in the High Court under sub-s. (1) of s. 108 was a limited one, and could only be exercised in respect to such jurisdiction as the High Court possessed on the date when the Act of 1915 came into force. The words of the sub-section 'vested in the court' cannot be read as meaning 'now vested in the court', National Sewing Thread Co. v. James Chadwick, AIR 1953 SC 357 (360). (Government of India Act, 1915)...
Abettor
Abettor, defined. (Act XLV of 1860, s. 108). A person who encourages or assists in the commission of a crime.Means a person who encourages or assists in the commission of a crime, Black Law Dictionary, 7th Edn., p. 4....
Assignment and relinquishment
Assignment and relinquishment, in the case of an assignment, the assignor continues to be liable to the landlord for the performance of his obligation under the tenancy and this liability is contractual while the assignee becomes liable by reason of privity of estate. The consent of the landlord to an assignment is not necessary, in the absence of a contract or local usage to the contrary. But in the case of relinquishment, it cannot be a unilateral transaction; it can only be in favour of the lessor by mutual agreement between them. The relinquish-ment of possession must be to the lessor or one who holds his interest, W.H. King v. Republic of India, AIR 1952 SC 156 (158): 1952 SCR 418. [Transfer of Property Act, 1882, s. 108(j)]...
Dispute
Dispute, The meaning of the word 'dispute' is, 'a controversy having both positive and negative aspects. It postulates the assertion of a claim by one party and its denial by the other', Canara Bank v. National Thermal Power Corporation, (2001) 1 SCC 43.The term 'dispute' means a controversy having both positive and negative aspects. It postulates the assertion of a claim by one party and its denial by the other, Gujarat State Corporation Land Development Bank v. P.R. Mondkad, (1979) 3 SCC 123: AIR 1979 SC 1203 (1207).There should be dispute and there can only be a dispute when a claim is asserted by one party and denied by the other on whatever grounds. Mere failure or inaction to pay does not lead to the inference of the existence of dispute. Dispute entails a positive element and assertion in denying, not merely inaction to accede to a claim or a request, Inder Singh Pekhi v. D.D.A., AIR 1988 SC 1007 (1009): (1988) 2 SCC 338.Once such a claim is made prior to invocation of arbitrati...
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