S 120 - Law Dictionary Search Results
Home Dictionary Name: s 120Assessing Officer
Assessing Officer, means the Deputy Commissioner of Income-tax or the Assistant Commissioner or the Income-tax Officer who is vested with the relevant jurisdiction by virtue of directions or orders issued under sub-s. (1) or sub-s. (2) of s. 120 or any other provision of the Income-tax Act which apply for the purposes of wealth-tax under s. 8 of this Act and also the Joint Commissioner who is directed under clause (b) of sub-s. (4) of the said s. 120 to exercise or perform all or any of the powers and functions conferred on or assigned to the Assessing Officer under that Act. [Wealth-tax Act, 1957 (27 of 1957), s. 2 (ca)]...
Judgment
Judgment [fr. judgment, Fr.], judicial determination; decision of a Court.Under the former practice of the superior Courts, this term was usually applied only to the Common Law Courts, the term 'decree' being in general use in the Court of Chancery. The expression 'Judg-ment,' however, is now used generally except in matrimonial causes, the term 'judgment' including 'decree' [(English) Jud. Act, 1925, s. 225, replacing Jud. Act,1873, s. 100].The several species of judgments are either:-(a) Interlocutory, given in the course of a cause, upon some plea, proceeding, or default, which is only intermediate, and does not finally determine or complete the action. See INQUIRY; SUMMONSES; and ORDERS; and the various titles of the subjects of such judgments as MANDAMUS; INJUNC-TION, etc.(b) Final, putting an end to the action by an award of redress to one party, or discharge of the other, as the case may be.By the (English) C.L.P. Act,1852, s. 120, a plaintiff or defendant having obtained a verd...
Divisional Court
Divisional Court. A Court (which takes under the Jud. Act the place of the Court 'in banc': see BANC) constituted of two judges of the High Court, or as many more judges as the President of a Division, with the concurrence of the judges of the Division, may think expedient, for the transaction of such business as may be ordered by Rules of Court to be heard by a Divisional Court (Judicature Act, 1925, s. 63, replacing App. Jur. Act, 1876, s. 17). Much of the business of the King's Bench Division, but none of that of the other Divisions, is transacted by Divisional Courts, consisting usually of two judges. Five judges have thrice sat, but in order for more than two to sit, the President of the Division, with the concurrence of not less than two judges thereof, must be of opinion that it is expedient so to constitute the Court (Judicature Act, 1925, s. 63(6), replacing Jud. Act, 1884, s. 4). See PRECEDENTS and R.S.C. Ord. LIX.Appeals from County Courts no longer lie to the Divisional Cou...
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)....
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...
Speedy execution
Speedy execution. A plaintiff having obtained a verdict in a cause was not entitled to issue execution until fourteen days, unless a judge should order execution to issue at an earlier period, which was called 'speedy execution.'-C.L.P. Act, 1852, s. 120, and H.T. 1853, r. 57. Under the Jud. Acts, immediate execution is the rule. See EXECUTION....
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 ...
Workmen's Compensation Act
Workmen's Compensation Act. (English) The Workmen's Compensation Act, 1897, introduced the principle of compulsory insurance of workmen by employers in a restricted number of trades. The gist of a right to compensation under the Acts is 'accident arising out of and in the course of the employment' causing personal injury to a workman (Workmen's Compensation Act, 1925 [15 & 16 Geo. 5, c. 84), s. 1 (1)] The compensation is not damages for negligence or any other tort at common law or by statute (see COMPBELL (LORD) ACTS (Fatal Accidents Acts, 1846-1908) and Employers Liability Act, 1880, sub tit. MASTER AND SERVANT), and an employer is not liable both for damages and compensation; but the workman or his representatives may elect between the remedies, and in an unsuccessful action for damages the Court may assess or refer the question of compensation to the proper tribunal, subject to an equitable order for costs (Workmen's Compensation Act, 1925, s. 25). Compensation is not payable for a...
King's Bench
King's Bench. The Court of King's or Queen's bench (so called because the King used formerly to sit there in person (though the judges determined the causes), the style of the Court still being coram ipso rege, or coram ipsa regina) was a Court of record, and the Supreme Court of Common Law in the kingdom, consisting of a chief justice and four puisne justices, who were by their office the sovereign conservators of the peace and supreme coroners of the land.This court, which was the remnant of the aula regia, was not, nor could be, from the very nature and constitution of it, fixed to any certain place, but might follow the King's person wherever he went, for which reason all process issuing out of this Court in the King's name was returnable 'ubicunque fuerimus in Anglia.' For some centuries, and until the opening of the Royal Courts, the court usually sat at Westminster, being an ancient palace of the Crown, but might remove with the King as he thought proper to command.The jurisdict...
Acknowledgement of a wife's assurance
Acknowledgement of a wife's assurance. If, before 1st January, 1925 [see (English) Law of Property Act, 1925, s. 167], a woman married before 1883 disposed of her estate or interest in lands or her revisionary interest in personal property she was required, unless her title thereto had accrued since 1882, or unless she was entitled thereto for her separate use to comply with the formalities prescribed by the (English) Fines and Recoveries Act, 1833 (3 & 4 Will. 4, c. 74), ss. 77-91, with regard to land, and by 20 & 21 Vict. C. 57, commonly called (English) 'Malins's Act,' which incorporated the procedure of the (English) Fines and Recoveries Act, with regard to reversionary interests in personal estate.The (English) Fines and Recoveries Act requiredthe acknowledgment to be made before two commissioners, but the 7th section of the (English) Conveyancing Act, 1882, substituted one only, and also dispensed with the affidavit and certificate of acknowledgment required by the former Act; se...
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