S 116 - Law Dictionary Search Results
Home Dictionary Name: s 116 Page 1 of about 10,555 results (0.009 seconds)Costs
Costs, expenses incurred in litigation or professional transactions, consisting of money paid for stamps, etc., to the officers of the Court, or to the counsel and solicitors, for their fees, etc.Costs in actions are either between solicitor and client, being what are payable in every case to the solicitor by his client, whether he ultimately succeed or not; or between party and party, being those only which are allowed in some particular cases to the party succeeding against his adversary, and these are either interlocutory, given on various motions and proceedings in the course of the suit or action, or final, allowed when the matter is determined.Neither party was entitled to costs at Common Law, but the Statute of Gloucester (6 Edw. 1, c. 4), gave cots to a successful plaintiff, and 2 & 3 Hen. 8, c. 6, and 4 Jac. 1, c. 3, to a victorious defendant; see Garnett v. Bradley, (1878) 3 App Cas 944.In proceedings between the Crown and a subject the general rule is that the Crown neither ...
Competent authority
Competent authority, means (i) the speaker in the case of the House of the people or the legislative Assembly of a State or a Union Territory having such Assembly and the Chairman in case of the council of Staff or legislative Council of a State (ii) Chief Justice of India in case of Supreme Court, (iii) Chief Justice of the High Court in the case of the High Court (iv) the President or the Governor, as the case may be, in the case of other authorities established or constituted by or under the Constitution, (v) the administrator appointed under Article 239 of the Constitution. [Right to Information Act, 2005 (22 of 2005) s. 2(e)]Means any authority authorised by the Central Government by notification in the Official Gazette to perform all or any of the functions of the competent authority under this Act. [Child Labour (Prohibition and Regulation) Act, 1986 (61 of 1986), s. 2 (d)]Means, in relation to the United Kingdom, the CAA, and in relation to any other country the authority respo...
Merger
Merger [fr. mergo, Lat., to sink], an annihilation, by act of law, of a particular in an expectant estate consequent upon their union in the same person without an intervening estate in another person--thus accelerating into possession the expectant which swallows up the particular estate. It is the drowning of one estate in another, and differs from suspension, which is but a partial extinguishment for a time; while extinguishment, properly so termed, is the destruction of a collateral thing in the subject itself out of which it is derived. 'In order that there may be a merger, the two estates which are supposed to coalesce must be vested in the same person at the same time and in the same right' [Re Radcliffe, (1892) 1 Ch 231, per Lindley, LJ]. An estate tail, however is an exception to the rule; for a man may have in his own right both an estate tail and a reversion in fee; and the estate tail, though a less estate, will not merge in the fee, 2 Bl. Com. 177.The doctrine of merger pr...
Commission, the promoter's
Commission, the promoter's, means the amount by which the aggregate total stakes in all the competitions exceeds the sum of (1) the aggregate prize in the competitions; (2) the aggregate pool betting duty payable in respect of the competitions; and (3) the expenses of the promoter actually incurred by him in the conduct of the competitions, excluding any expenses properly chargeable to capital and any interest on borrowed money, and in particular, excluding any provision for the depreciation of building or equipment, any emoluments payable to the promoter, or, if the promoter is a partnership, to any of the partners, or, if the promoter is a body corporate, to any of the directors, and in any case any emoluments payable to any person whose emoluments depends to any extent on the profits of the promoter, Betting, Gaming and Lotteries Act, 1963, s. 4(3), Sch. 2, para 23(2) (UK) Halsbury's Laws of England, Vol. 4(1), para 116, p. 84....
Character
Character. Witnesses to speak to the good character of a prisoner may be called by him in his defence, and, if they speak to nothing else, it is the custom that the counsel for the prosecution should not reply. it is not allowable to state any particulars of the prisoner'' conduct, either in proof of his good or bad character; but if he call witnesses to his good character, a previous conviction against him maybe put in evidence. Witnesses to the bad character of prisoner can be called only to contradict witnesses to his good character, and evidence so called must be confined to general reputation, R. v. Rowton, (1865) 34 LJ MC 57. But a previous conviction may then be given in evidence in many cases, as in any case of an offence against the (English) Larceny Act, 1861 (24 & 25 Vict. c. 96), by s. 116 of that Act.Questioning of Witness.--A witness may also be questioned as to whether he has been convicted of any felony or misdemeanour, and proof of his conviction may be given if he eit...
Committee of a Person of Unsound Mind or Idiot
Committee of a Person of Unsound Mind or Idiot, the person to whom the care and custody of the person and estate, or either, of a person of unsound mind is committed by the Court. Separate committees may be appointed (a) of the person, (b) of the estate, and joint committees may be appointed for either or both of these purposes. See (English) Lunacy Act, 1890 (53 & 54 Vict. c. 5), s. 120. A committee can only be appointed after a formal inquisition. In practice, receivers are generally appointed under the (English) Lunacy Acts, 1890 (53 Vict. c. 5), s. 116; 1908 (8 Edw. 7, c. 47), s. 1, and 1922 (12 & 13 Geo. 5, c. 60)....
Engine
Engine. As to malicious injuries to engines and machinery, see Malicious Damage Act, 1861, ss. 11, 14, 15; and as to placing wood, etc., on any railway, with intent to obstruct or overthrow any engine, see s. 35. The use of locomotive engines on railways is authorized by the Railways Clauses Consolidation Act, 1845, s. 86, and regulated by s. 116 of that Act. The Railway Fires Act, 1905, as amended by the Railway Fires Act (1905) Amendment Act, 1923, gives compensation for damage by fires caused by sparks or cinders from railway engines; see Martin v. G.E. Railway, (1912) 2 KB 406; A.-G. v. G.W. Railway, (1924) 2 KB 1. See TRACTION ENGINE and SMOKE....
Proviso, Trial by
Proviso, Trial by. Where the plaintiff after issue joined did not proceed to trial when he ought to have done so, the defendant might, under the practice before the Judicature Acts, have the action tried by proviso; he might give the plaintiff notice of trial, make up the record, carry it down and enter it, and proceed to the trial as if he were proceeding as plaintiff. The right to try by proviso was expressly saved by (English) C.L.P. Act, 1852, s. 116, but a defendant seldom tried by proviso, as the better course was to take proceedings under the repealed s. 101 of the (English) C.L.P. Act, 1852; see now R.S.C. Ord. XXVII....
Conviction
Conviction, the act of a legal tribunal adjudging a person guilty of a criminal offence. Thus a person will have been 'convicted' even though no punishment follows, e.g., where he is let out on his own recognizances to come up for judgment when called on, R. v. Blaby, (1894) 2 QB 170. As to the powers of justices to convict summarily, see the Summary Jurisdiction Acts of 1848 and 1879, amended by the Criminal Justice Administration Act, 1914, (English) Criminal Justice Act, 1925, and the Summary Jurisdiction Rules of 1886. Schedule to (English) Summary Jurisdiction Rules, 1915, and Summary Jurisdiction Rules,1932, 1933. Consult Paley on Summary Convictions.When a person previously convicted is tried for a subsequent offence, proof of his previous con-viction cannot be given until after a finding of guilty of such subsequent offence, unless evidence of his good character be given.-(English) Previous Conviction Act, 1836, (6 & 7 Wm. 4, c. 111); Larceny Act,1861, s. 116. A previous convic...
Khudkhast
Khudkhast, the word 'Khudkasht' means personal cultivation, and that is a neutral expression, which might include both private lands and bakasht lands, that is to say, raiyati lands, which had come into the possession of the proprietor by surrender, abandonment or otherwise, Harihar Prasad Singh v. Deonarain Prasad, AIR 1956 SC 305 (308). (Bihar Tenancy Act, 1885, s. 116. According to s. 3(9) of the U.P. Tenancy Act, Khudkasht means any land other than sir, activated by a Zamindar either by himself or by servants or by hired labour....
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