S 114 - Law Dictionary Search Results
Home Dictionary Name: s 114Presumption
Presumption, a supposition, opinion, or belief pre-viously formed, Wood's Inst. 599.Presumptions have been said to be either: (1) juris et de jure (irrebuttable); or (2) juris (rebuttable); or (3) hominis vel judicis (rebuttable, of fact). (1) The presumption juris et de jure is that where law or custom establishes the truth of any point, on a presumption that cannot be overcome by contrary evidence; thus, that a child under seven is incapable of committing a felony (2) The pr'sumptio juris is a presumption established in law till the contrary be proved, as the property of goods is presumed to be in the possessor; every presumption of this kind must necessarily yield to contrary proof (3) The pr'sumptio hominis vel judicis is the conviction arising from the circumstances of any particular case. See Best on Evidence.There is a distinction between the 'presumption' under s. 114 of the Evidence Act and a 'statutory presumption' provided under the Bombay Prohibition Act. Under a statutory ...
Locomotives. I
Locomotives. I. On Highways.--Locomotives on highways are of two classes: (a) Light Locomotives; (b) Heavy Locomotives.(a) Formerly the expression light locomotive and motor car meant the same apart from certain provisions as to registration. As to motor cars, see MOTOR CAR.Now light locomotives as defined by the (English) Road Traffic Act, 1930 (20 & 21 Geo. 5, c. 43), are mechanically propelled vehicles which are not constructed themselves to carry any load (other than water, fuel, equipment, tools, etc.), and the weight of which unladen does not exceed 11-1/2 tons, but does exceed 7-1/4 tons. Road Traffic Act, 1930 (20 & 21 Geo. 5, c. 43).A person under 21 shall not drive a light locomotive (s. 9), two persons must be employed in driving or attending, and if driving a trailer one or more in addition (s. 17). The period of continuous driving by any one person is limited by (s. 19) to 5-1/2 hours amounting to not more than 11 in the aggregate in 24 hours, and the driver is to have at ...
Presumption of fact and presumption in of law
Presumption of fact and presumption in of law, presumptions are of three types: (1) Permissive presumptions or presumptions of fact. (2) Com-pelling presumptions or resumption of law (rebuttable). (3) Irrebuttable presumption of law or 'conclusive proof'. Classes (i), (ii) and (iii) are indicated in clauses (1), (2) and (3) respectively, of s. 4, Evidence Act. 'Presumptions of fact' are infer-ences of certain fact patterns drawn from the experience and observation of the common course of nature, the constitution of the human mind, the springs of human action, the usages and habits of society and ordinary course of human affairsS. 114 is a general s. dealing with presumptions of this kind. It is not obligatory for the Court to draw a presumption of fact. In respect of such pre-sumptions, the Act allows the judge a discretion in each case to decide whether the fact which under s. 114 may be presumed has been proved by virtue of that presumption. In case of a 'Presumption of Law' no discr...
Presumption of fact
Presumption of fact, is an inference as to the existence of one fact from the existence of some other facts, unless the truth of such inference is disproved. Presumption of fact is a rule in law of evidence that a fact otherwise doubtful may be inferred from certain other proved facts. When inferring the existence of a fact from other set of proved facts, the court exercises a process of reasoning and reaches a logical conclusion as the most probable position. The above principle has gained legislative recognition in India when s. 114 is incorporated in the Evidence Act. It empowers the court to presume the existence of any fact which it thinks likely to have happened. In that process the court shall have regard to the common course of natural events, human conduct etc. in relation to the facts of the case, State of West Bengal v. Mir Mohd. Omar, (2000) 8 SCC 382 (392). (Evidence Act, 1872, s. 114)...
Mandamus
Mandamus [we command). (1) A high prerogative writ of a most extensive remedial nature. In form it is a command issuing in the King's name from the King's Bench Division of the High Court only, and addressed to any person, corporation, or inferior court of judicature requiring them to do something therein specified, which appertains to their office, and which the court holds to be consonant to right and justice. It is used principally for public purposes, and to enforce performance of public duties. It enforces, however, some private rights when they are withheld by public officers.It is a general rule that this writ is only to be issued where a party has no other specific remedy; and he must apply to the court without delay. the jurisdiction is altogether in the discretion of the court. It can only be obtained from the King's Bench Division, and on motion, and not in an action; [(English) R.S.C., Ord. LIII., r. 4]. For rules of procedure, see (English) Crown Office Rules, 1906, rr. 49...
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...
Party-wall
Party-wall, a term which has been used indifferent senses, may mean (1) a wall of which the two adjoining owners are tenants in common: (2) a wall divided longitudinally into two strips, one belonging to each of the neighbouring owners: (3) a wall which belongs entirely to one of the adjoining owners, but is subject to an easement or right in the other to have it maintained as a dividing wall between the two tenements: (4) a wall divided longitudinally into two moieties, each moiety being subject to a cross easement in favour of the owner of the other moiety, Watson v. Gray, (1880) 14 Ch D 192.The common use of a wall separating adjoining lands of different owners is prima facie evidence that the wall and the land on which it stands belongs to the owners of those adjoining lands, in equal moieties, as tenants in common, or would so belong if tenancy in undivided shares in a legal estate had not been done away with by the land legislation of 1925. Now under s. 38, and 1st Sch., Part 5, ...
Soon before
Soon before, the expression 'soon before' is a relative term which requires to be construed in the context of specific circumstances of each case and no hard-and-fast rule of any universal application can be laid down by fixing any time-limit, Vidhya Devi v. State of Haryana, (2004) 9 SCC 476 (480). [Indian Penal Code, s. 304B; Evidence Act, 1872, s. 113B]Soon before, is a relative term which is required to be considered under specific circumstances of each case and no straight-jacket formula can be laid down by fixing any time-limit. This expression is pregnant with the idea of proximity test. The term 'soon before' is not synonymous with the term 'immediately before' and is opposite of the expression 'soon after' as used and understood in s. 114, Illustration (a) of the Evidence Act. These words would imply that the interval should not be too long between the time of making the statement and the death, Kans Raj v. State of Punjab, AIR 2000 SC 2324 (2332): (2000) 5 SCC 207. [Penal Cod...
Smoke, Consumption of
Smoke, Consumption of, prescribed in the Metro-polis by the Public Health (London) Act, 1936 (26 Geo. 5 & 1 Edw. 8, c. 50), ss. 147 et seq, see LONDON; in Scotland, by 20 & 21 Vict. c. 73; 24 & 25 Vict. c. 17; and 28 & 29 Vict. c. 102; for loco-motives on railways by the Railways Clauses Consolidation Act, 1845, s. 114, as amended by the Regulation of Railways Act, 1868 (31 & 32 Vict. c. 119), s. 19; see London County Council v. G.E.R., (1906) 2 KB 312; and in towns generally by the Public Health Act, 1875, s. 91, as amended by the Public Health (Smoke Abatement) Act, 1926, replaced by the P.H. Act, 1936, ss. 101-106....
Contraband
Contraband [fr. Contra, Lat., against; and bando, Ital., edict], such goods as are prohibited to be imported or exported, bought or sold, either by the laws of a particular state or by special treaties; also a term applied to designate that class of commodities which neutrals are not allowed to carry during war to a belligerent power.It is a recognized general principle of the law of nations, that ships may sail to and trade with all kingdoms, countries, and states in peace with the princes or authorities whose flags they bear; and that they are not to be molested by the ships of any other power at war with the country with which they are trading, unless they engage in the conveyance of contraband goods. But great difficulty has arisen in deciding as to the goods comprised in this term.In order to obviate all disputes as to what commodities should be deemed contraband, they have sometimes been specified in treaties or conventions. But this classification is not always respected during ...
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