S 124 - Law Dictionary Search Results
Home Dictionary Name: s 124Power of Attorney
Power of Attorney (Letter of Attorney), a writing usually, but not always necessarily, under seal authorizing another person, who is called the attorney of the person appointing him, to do any lawful act in the stead of another, as to give seisin of lands, receive debts or sue a third person. it is either general or special. The nature of this instrument is to give the attorney the full power and authority of the maker to accomplish the act intended to be performed. If it is an authority coupled with an interest, e.g., if the attorney is authorized to collect debts and pay there out a debt due to himself, it is irrevocable. As it is necessary for certain purposes (e.g., execution of a deed) that it should be under seal, a power of attorney is usually in the form of a deed. By ss. 8 and 9 of the (English) Conveyancing Act, 1882, now (English) Law of Property Act, 1925, ss. 126 and 127, powers of attorney may be made irrevocable either absolutely or for a limited period according as they...
By-laws, or bye-laws
By-laws, or bye-laws [fr. bilagines, from by, Sax., pagus, civitas, and lagen, lex, Spelm.], the laws, regulations, and constitutions of corporations, for the government of their members. See per Lord Russell, C.J., in Kruse v. Johnson, (1898) 2 QB 91. They are binding, unless contrary to law, or unreasonable, and against the common benefit, and then they are void.No trading company is allowed to make by-laws which may affect the crown, or the common profit of the people under penalty of 40l., unless they be approved by the chancellor, treasurer, and chief justices, or the judges of assize, 19 Hen. 7, c. 7.County Councils and Borough Councils under Local Government Act, 1933 (23 & 24 Geo. 5, c. 51) (English) s. 249; may make by-laws for the good rule and government of the whole or any part of the county or borough, as the case may be, and for the prevention and suppression of nuisances; Provided that by-laws made under this section by a County Council shall not have effect in any borou...
Account or Accompt
Account or Accompt [fr. compte, Fr., computo, Lat.], a registry of debts, credits, and charges, or a detailed statement of a series of receipts (credits) and disbursements (debits) of money-which have taken place between two or more persons. Accounts are either-(1) open, where the balance is not struck, or it is not accepted by all the parties; (2) stated, where it has been expressly or impliedly acknowledged to be correct by all the parties; and (3) settled, where it has been accepted and discharged. Stated and settled accounts may be investigated and reopened by the Court on the ground of fraud or fiduciary relationships. See SURCHARGE and FALSIFY.Companies under the Companies Act, 1929, must keep proper books of account, and present to the company in general meeting not less than 18 months after incorporation and subsequently at least once in every year a profit and loss account and balance sheet, to copies of which shareholders of all companies, except private companies, are entitl...
Indemnity
Indemnity, a contract, express or implied, to keep a person harmless from loss which that person may incur by reason of some act, omission or event. It differs from a guarantee which requires a writing under s. 4 of the Statute of Frauds in that the latter guarantee contemplates the primary liability of a third person. as pointed out by Anson on Contracts, a form of indemnity may be illustrated by 'If you will supply goods to A. I will see you paid.' A guarantee, if 'A. does not pay you, I will.' There is, as a rule, a right of subrogation to all the remedies available to the person indemnified under an indemnity available to a person indemnifying-a guarantor has the right of subrogation as well as a right of recourse against the person guaranteed unless otherwise agreed. A great number of indem-nities are implied at Common Law or statute, and the contract extends to all the loss suffered and is not limited in amount as a contract to pay a sum of money is limited. As to implied indemni...
Fire-plugs
Fire-plugs. As to the duty of urban authorities to provide fire-plugs, see (English) Public Health Act, 1875 (38 & 39 Vict. c.55), s. 66, and (English) Town Police Clauses Act, 1847 (10 & 11 Vict. c. 34), s. 124. As to the like duty of undertakers of waterworks, see (English) Waterworks Clauses Act, 1847 (10 & 11 Vict. c. 17), ss. 38-43. As to the metropolis, see 34 & 35 Vict. c. 113, s. 34....
Stolen property or property fraudulently obtained
Stolen property or property fraudulently obtained, the words 'stolen property or property fraudu-lently obtained' merely denote the attribute or characteristic of the property. If the property is capable of being described as 'stolen property' or 'property fraudulently obtained' by whomsoever it might have been stolen or fraudulently obtained, that would be sufficient to comply with the requirements of the s.. The s. merely speaks of the character of the property - whether it satisfies the particular description and does not say by whom it should have been stolen or fraudulently obtained, Champaklal Ganeshmal v. State of Maharashtra, AIR 1975 SC 160 (162): (1975) 3 SCC 485: (1975) 3 SCR 584. [Bombay Police Act (22 of 1951), s. 124]...
As may be prescribed
As may be prescribed, the words 'as may be prescribed' in s. 124 A of the Act is to be understood as to mean 'as may be prescribed from time to time', Rathi Menon v. Union of India, (2001) 3 SCC 714: AIR 2001 SC 1333 (1336). (Railways Act, 1989, s. 124A)...
Project
Project, Construction work does not imply a project, Robert D'Souza v. Executive Engineer, Southern Railway, 1982 SCC (L&S) 124.Means any work taken up under a scheme for the purpose of providing employment to the applica-tions. [National Rural Employment Guarantee Act, 2005, s. 2(n)]Project, the draft of a proposed treaty or convention....
Brought into and immediate exportation
Brought into and immediate exportation, Expressions 'brought into' and 'immediate exportation' do not comprehend within their sweep the continuous process of transit of goods, by vehicles which merely use the State highways passing through the areas which lie within the municipal limits, Town Municipal Council v. Urmilla Kothari, (1977) 2 SCR 660: (1977) 1 SCC 687 (689): AIR 1977 SC 873. (Karnataka Municipalities Act, 1964, s. 124)...
Cheque Crossed Specially
Cheque Crossed Specially, where a cheque bears across its face an addition of the name of a banker, either with or without the words 'not negotiable', that addition shall be deemed a crossing, and the cheque shall be deemed to be crossed specially, and to be crossed to that banker. [Negotiable Instruments Act, 1881 (26 of 1881), s. 124]...
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