S 111 - Law Dictionary Search Results
Home Dictionary Name: s 111Smuggling
Smuggling, the offence of importing prohibited Articles, or of defrauding the revenue by the introduction of Articles into consumption without paying the duties chargeable upon them. It may be committed indifferently either upon the excise or customs revenue.The crime of importing or exporting illegal articles or articles on which duties have not been paid, Black's Law Dictionary, 7th Edn., p. 1394.Smuggling is restrained by the statutes relating to the Customs, and in particular by the Customs Consolidation Act, 1876.In relation to any goods, means any act or omission which will render such goods liable to confiscation under s. 111 or s. 113. [Customs Act, 1962 (52 of 1962), s. 2 (39)]The general concept of smuggling contains two elements: one, the bringing into India of goods the import of which is prohibited; and two, the bringing, into the country's trade stream, of goods the import of which is permitted without paying the customs duties with which they are chargeable. The second e...
Joint-tenancy
Joint-tenancy. This tenancy is created where the same interest in real or personal property is, by the act of the party, passed by the same matter of conveyance or claim in solido, and not as merchan-dise, or for purposes of speculation, to two or more persons in the same right, either simply, or by construction or operation of law jointly, with a jus accrescendi, that is, a gradual concentration of property from more to fewer, by the accession of the part of him or them that die to the survivors or survivor, till it passes to a single hand, and the joint-tenancy ceases.Anciently, joint-tenancy was favoured because it did not induce fractions of estates, and returning to early principles the (English) Land Legislation of 1925 has employed the tenure generally as the machinery by which legal estate may in such cases always be in some person, called the estate owner, who is competent to give a title to the whole estate without the concurrence of other parties. that legal estate has been ...
Bond
Bond [fr. binda, band, bunden, A. S., to bind], a written acknowledgement or binding of a debt under seal. See DEED. No technical form of words is necessary to constitute a bond; see Gerrard v. Clowes, (1892) 2 QB 11; Strickland v. Williams, (1899) 1 QB 382. The person giving the bond is called the obligor, and he to whom it is given the obligee. A bond is called single (simplex obligatio) when it is without a penalty, but there is generally a condition added, that, if the obligor does or forbears from some act, the obligation shall be void, or else shall remain in full force, and the bond is then called a double or conditional one; see Dav. Prec. Vol. V., pt. Ii., p. 268. When a bond contains a penalty, which is generally double the amount of the principal sum secured, only the sum actually owing, with interest, can be recovered, and in no case can this exceed the amount appearing on the face of the bond. See 8 & 9 Wm. 3, c. 11, s. 8; Re Dixon, (1900) 2 Ch 561.Although it is unnecessa...
Certiorari
Certiorari (to be more fully informed of), an original writ issuing out of the Crown side of the King's Bench Division of the High Court of Justice, addressed, in the king's name, to judges or officers of inferior Courts, commanding them to certify or to return the records of a cause depending before them, to the end that justice maybe done.Certiorari lies to remove into the High Court of Justice, King's Bench Division, which, superseding the King's bench, is the sovereign Court of justice in criminal causes, all indictments, coroners' inquisitions, summary convictions by magistrates, orders of removal of paupers, and of poor's rates, also orders made by commissioners of sewers and other commissioners, town councils, and railway companies, for the purpose of being examined and 'quashed,' if contrary to law. The writ may be granted either at the instance of the prosecutor or the defendant. A prosecutor was formerly entitled to a writ of certiorari as a matter of right, but a defendant c...
Entry
Entry, the depositing of a document in the proper office or place; actual entry on land is necessary to constitute a seisin in deed, and is necessary in certain cases, as, e.g., to perfect a common-law lease.When a person without any right has taken posses-sion of land, the party entitled may make a formal but peaceable entry, which is quite an extra judicial and summary remedy, on such lands, declaring that thereby he takes possession, which notorious act of ownership is equivalent to a feudal investiture by the lord; or he may enter on any part of it in the same county, declaring it to be in the name of the whole; but if it lie indifferent counties, he must make different entries. This remedy by entry takes place in three only of the five species of ouster-viz., abatement, intrusion, and disseisin; for as in these the original entry of the wrongdoer was unlawful, they may therefore be remedied by the mere entry of him who has right. But upon a discontinuance or deforcement, the owner...
Equal pay for equal work
Equal pay for equal work, it does not mean that all the members of a cadre must receive the same pay packet irrespective of their seniority, source of recruitment, educational qualifications and various other incidents of service, State of Andhra Pradesh v. G. Sreenivasa Rao, (1989) 2 SCC 290.Article 39(d) of the Constitution proclaims 'equal pay for equal work for both men and women' as a Directive Principle of State Policy. Equal pay for equal work for both men and women means equal pay for equal work for everyone and as between the sexes. The Preamble to the Constitution declares the solemn resolution of the people of India to constitute India into a Sovereign Socialist Democratic Republic. Again the word 'Socialist' must mean some thing. Even if it does not mean to each according to his need it must at least mean 'equal pay for equal work'.'The principle of equal pay for equal work is expressly recognized by all socialist systems of law, e.g., s. 59 of the Hungarian Labour Code, Pa...
Master in lunacy
Master in lunacy, an officer of the Lord Chancellor who executes commissions and conduct inquires connected with persons of unsound mind and their estates, and carries out such other duties as are prescribed by the rules in lunacy and directions of the judge in lunacy [(English) Lunacy Act, 1890 (53 & 54 Vict. c. 5), s. 111], and Lunacy Act, 1891, s. 27, conferring on the master the jurisdiction of a judge in lunacy as regards administration and management of estates subject to review by the judge. There were originally two masters, but now there is only one and an assistant master: (English) Lunacy Act, 192, and (English) Administration of Justice (Misc. Prov.) Act, 1933, s. 8. The office of the master is now known as the (English) Management and Administration Department (Patients' Estates Rules, 1934, r. 8). See also Lunacy Act, 1908, s. 1; (English) Mental Deficiency Act, 1930, s. 5; The (English) Mental Treatment Rules, 1930 (S.R.&O. 1930, No. 1083); and (English) Patients' Estate...
Labourers' dwellings
Labourers' dwellings. Prior to 1890 the following five sets of enactments provided for the erection and maintenance of healthy 'labourers' dwellings,' the first three of the five being materially amended by the (English) Housing of the Working Classes Act, 1885 (48 & 49 Vict. c. 72):(1) The (English) Labouring Classes Lodging Houses and Dwelling Houses Acts, 1851, 1866, and 1867. These Acts might be 'adopted' by the town council of a borough and other local authorities. Upon the adoption of the Acts, corporate land might be appropriated and lodging-houses erected thereon, or money might be borrowed by the local authorities for erecting such houses on other land.The (English) Act of 1885 amended the procedure for adopting these Acts, allowed land to be bought for the purpose of the Acts, and allowed separate houses to be erected under the process of the Acts.The (English) Act of 1885 took away from an owner, required to demolish such dwellings, the power which he had under these Acts of...
Belonging to
Belonging to, the expression 'belonging to' and as such indicates something over which a person has dominion and lawful dominion, Mir Osman Ali Khan v. CWT, AIR 1987 SC 522 (525): 1986 Supp SCC 700. [Wealth-tax Act, 1957 (27 of 1957), s. 2(m)]--Though the word 'belonging' no doubt is capable of denoting an absolute title, is nevertheless not confined to connoting that sense. Even possession of an interest less than that of full ownership could be signified by that word. In Webster 'belong to' is explained as meaning inter alia 'to be owned by, be the possession of. The precise sense which the word was meant to convey can therefore be gathered only by reading the document as a whole and adverting to the context in which it occurs, Raja Mohd Amir Ahmad Khan v. Municipal Board of Sitapur, AIR 1965 SC 1923 (1924). [Transfer of Property Act 1882 s. 111(g)]...
Express condition
Express condition, the words 'express condition' stipulates that condition must be clear, manifest, explicit, unambiguous and there is no question of drawing any inference. If there is no express condition restraining partial alienation of the leasehold property, it would not be open to the transferee of the lessor's right to invoke the forfeiture clause for determining the perpetual lease and such conditions cannot be inferred by implication, Raghurao Rao v. Eric P. Mathias, (2002) 2 SCC 624: AIR 2002 SC 797 (802). [Transfer of Property Act, 1882, s. 111(g)]...
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