S 112 - Law Dictionary Search Results
Home Dictionary Name: s 112Information
Information, an accusation, or complaint, also, communicated knowledge.Information means any material in any form, including records, documents, memos, e-mails, opinions, advices, press-releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force. [Right to Information Act, 2005, s. 2(f)]Information in chancery. Where a suit was instituted on behalf of the Crown or Government, or of those of whom it had the custody by virtue of its prerogative (such as idiots and lunatics), or whose rights are under its particular protection (such as the objects of a public charity), the matter of complaint was offered to the Court by way of information by the Attorney or Solicitor-General, and not by way of petition. When a suit immediately concerned the crown or government alone, the proceeding was pur...
Notice
Notice, the making something known to a person of which he was or might be ignorant. Notice is either (1) statutory; (2) actual, which brings the knowledge of a fact directly home to the party; or (3) constructive or implied, which is no more than evidence of facts which raise such a strong presumption of notice that equity will not allow the presumption to be rebutted. [S. 154, I.P.C. and Art. 61(2)(a) const. 56 Indian Evidence Act]Constructive notice may be subdivided into: (a) where the facts of which actual evidence is supplied give rise to a further enquiry which a man exercising ordinary caution would make equity has added constructive notice of the facts, which that inquiry would have elicited; and (b) where there has been a designed abstinence from inquiry for the very purpose of avoiding notice. See CONSTRUCTIVE NOTICE.A purchaser with notice may protect himself by purchasing the title of another bona fide purchaser for a valuable consideration without notice; for, otherwise, ...
Meeting
Meeting, an assembly of persons whose consent is required for anything to decide, by a proper majority of votes, whether or not that thing shall be done; e.g., the meeting of the town council under s. 22 of the (English) Municipal Corporations Acts, 1882 (45 & 46 Vict. c. 50), or (English) Local Government Act, 1933 (23 & 24 Geo.5, c. 51), s. 75.By Common Law in the absence of other provisions a corporation is bound by the majority present at a regular corporate meeting and not only by an absolute majority of the corporation (this does not apply to companies), Perrott and Perrott Ltd. v. Stephenson, (1934) 1 Ch 171; and see Kyd on Corporations, Vol. 1, p. 400; or of the parish or parish council: see PARISH COUNCIL; PARISHMEETING. Also a meeting of the shareholders of a company under ss. 66-80 of the (English) Companies Clauses Act, 1845 (8 & 9 Vict. c. 16). As to meetings of creditors, see (English) Bankruptcy Act, 1914, ss. 13, 79 and 95. A company formed under the Companies Act, 1929...
Habeas corpus testificandum
Habeas corpus testificandum (that you have the body to testify), a writ to bring a witness into Court, when he is in custody at the time of a trial. A Secretary of State or a judge of the High Court or of a county Court has power, on a proper application being made to him, to issue a warrant or order to bring up as a witness in any civil or criminal proceeding any prisoner in custody on a criminal charge; see (English) Criminal Procedure Act, 1853 (16 & 17 Vict. C. 30), s. 9; (English) County Courts Act, 1888, s. 112 (see, now, 1934 Act, s. 83); Graham v. Glover, (1855) 5 E. & B. 591; (English) Crown Office Rules, 1906, rr. 228-230; Prisons Act, 1898, s. 11....
Prohibition
Prohibition, a writ to forbid any court to proceed in any cause there depending, on the suggestion that the cognizance thereof belongs not to such Court. It is a remedy provided by the Common Law against the encroachment of jurisdiction.The writ issued not only out of the King's Bench, but also out of the Courts of Chancery, Exchequer, and Common Pleas, and now issues out of the High Court of Justice, on application by motion supported by affidavits for a rule to show cause (Rules 70, 71, of Crown Office Rules, 1906), to any inferior Court concerning itself with any matter not within its jurisdiction. If either the judge or a party proceed after such prohibition, an attachment may be had against them for contempt, at the discretion of the Court that awarded it; and an action for damages will lie against them, by the party injured.Sometimes the point is too doubtful to be decided upon motion, and the party applying is directed to declare in prohibition, setting forth concisely so much o...
Impressing men
Impressing men, compelling persons to serve in the Navy. This practice was allowed at Common Law [see Ex parte Fox, (1793) 5 TR 277], and was extensively followed until 1815, when it began to be gradually abandoned for the recruiting by voluntary enlistment, which has now entirely displaced it. The practice is still clearly legal, and is recognized impliedly by the (English) Naval Enlistment Act, 1835 (5 & 6 Wm. 4, c. 24), which, however, provides that no person shall be detained in the Royal Navy, against his consent, for a longer period than five years except in case of emergency. See also the (English) Naval Enlistment Act, 1853 (16 & 17 Vict. c. 69), which, perhaps, has the effect of limiting the liability to serve to seafaring men. Under the (English) Army Act (s. 112) and (English) Air Force Act the Crown has power to impress carriages, animals, drivers and aircraft for moving baggage and stores, etc. Compensation is payable, see (English) Army Act, s. 113, and Sched....
Normal labour or normal delivery
Normal labour or normal delivery, means series of process by which the nature products of conception are expelled from the another's body and during which no artificial means are used, Mahendra v. Sushila, AIR 1965 SC 364 (388). (Evidence Act, 1872, s. 112)...
Access and 'non-access'
Access and 'non-access', 'Access' and 'Non-access' mean the existence or non-existence of opportunities for sexual intercourse; it does not mean actual cohabitation, Gautam Kundu v. State of West Bengal, AIR 1993 SC 2295 (2301): (1993) 3 SCC 418. (Evidence Act, 1872, s. 112)...
Insuper
Insuper, debiting or charging a person in an account, Exchequer term. See an example of its use in (English) Taxes Management Act, 1880 (43 & 44 Vict. c. 19), s. 112....
Married women's property
Married women's property, At Common Law, a woman, by marrying, transferred the ownership of all her property, real and personal, present and future, to her husband absolutely, so that he might sell, pay his debts out of, give away, or dispose by will of it as he pleased, with these exceptions and modifications:-1) Her freehold estate became his to manage and take the profits of during the joint lives only. After his death, leaving her surviving, it passed to her absolutely; after her death, leaving him surviving, provided that it was an estate in possession and issue who could in her it had been born during the marriage, it passed to him as 'tenant by the curtesy (q.v.) of England,' during his life, and after his death to her heir-at-law.(2) Her leasehold estate, her personal estate in expectancy, and the debts owing to her and other 'choses in action,' became his absolutely if he did some act to appropriate or reduce them into possession during the marriage, or if he survived her. If ...
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