S 125 - Law Dictionary Search Results
Home Dictionary Name: s 125 Page: 2Maintenance
Maintenance, an officious intermeddling in a suit which in no wise concerns one, by assisting either party with money or otherwise to prosecute or defend it; both actionable and indictable [see Bradlaugh v. Newdegate, (1883) 11 QBD 1], and invalidates contracts involving it. By the Roman Law it was a species of crimen falsi to enterin to any confederacy, or do any act to support another's law-suits, by money, witnesses, or patronage, 4 Bl. Com. 134.It is either ruralis, in the country as where one assists another in his pretensions to lands, by taking or holding the possession of them for him; or where one stirs up quarrels or suits in the country; or it is curialis, in a Court of justice, where one officiously intermeddles in a suit depending in any court, which does not belong to him, and with which he has nothing to do, 2 Rol. Abr. 115. Maintaining suits in the spiritual courts is not within the statutes relating to maintenance, Cro. Eliz. 549. A man may, however, maintain a suit in...
Insolvency
Insolvency, the state of one who has not property sufficient for the full payment of his debts. An insolvent, as distinguished from a bankrupt, was an insolvent who was not a trader: for until the passing of the (English) Bankruptcy Act, 1861, only a trader could be made bankrupt in the sense of obtaining an absolute discharge from his debts, while the future estate of an insolvent remained liable for his debts even after his discharge. The Acts from time to time in operation for the relief of insolvent debtors were 53 Geo. 3, c. 102; 1 & 2Vict. c. 110, ss. 23-120, 5 & 6 Vict. c. 122; 7 & 8 Vict. c. 96; 8 & 9 Vict. c. 127; 10 & 11 Vict. c. 102; and the (English) Bankruptcy Act, 1861 (24 & 25 Vict. c. 134), s. 230. By the (English) Bankruptcy Repeal and Insolvent Court Act, 1869 (32 & 33 Vict. c. 83), all the enactments on this subject theretofore existing were repealed, and provision was made for winding up and terminating all mattes pending under the Acts for the relief of insolvent d...
Lascar
Lascar, a native Indian sailor; 'the term is also applied to tent-pitchers, inferior artillery-men, and others.'Wilson's Indian Glossary.Agreements by masters or owners of ships with lascars are regulated by s. 125 of the (English) Merchant Shipping Act,1894, reproducing s. 544 of the (English) Merchant Shipping Act, 1854, and saving nine unrepealed sections (ss. 25-34) of 4 Geo. 4, c. 80....
Reference
Reference was the sending of any matter of inquiry by the Court of Chancery to a chief clerk, a taxing master, or a conveyancing counsel, that he might examine it and certify the result to the court. References in cases involving matters of account were also frequently made to the masters of the Courts of Common Law under the (English) C.L.P. Acts.The Judicature Acts and rules did not repeal the powers of reference to masters under the Common Law Procedure Acts [[(English) Judicature Act, 1873, s. 83] (see now (English) Jud. Act, 1925, s. 125), but made provision for attaching to the Supreme Court permanent official referees, and four official referees were appointed shortly before that Act came into operation. To any of such official referees, or to a special referee, questions arising in an action may, by (English) Jud. Act, 1925, ss. 88, 89, be referred: (1) subject to the right to a jury, for inquiry and report; or (2) where the parties consent, and also without such consent in any...
Mother and step mother
Mother and step mother, There is inherent distinction between the status of a 'mother' and 'stepmother' and they are two distinct and separate entities and both could not be assigned the same meaning. The expression 'mother' clearly means only the natural mother who has given birth to the child and not the one who is the wife of one's father by another marriage, Kirtikant D. Vadodaria v. State of Gujarat, (1996) 4 SCC 479. [Criminal Procedure Code, 1973, s. 125 (1) (d)]...
Pronounce
Pronounce, means to proclaim, to utter formally, to utter rhetorically, to declare, to utter, to articulate, Chambers 20th Century Dictionary, New Edition, p. 1030.The term 'pronounce' means to proclaim, to utter formally, to utter rhetorically, to declare to, utter, to articulate, Shamim Ara v. State of Uttar Pradesh, (2002) 7 SCC 518: AIR 2002 SC 3551 (3557). (Criminal, PC 1973, s. 125)...
Liquidation
Liquidation. As to liquidation by arrangement with creditors, see the repealed Bankruptcy Act, 1869 (32 & 33 Vict. c. 71), s. 125; but the procedure was not re-established by the Bankruptcy Act, 1883. The liquidation of joint stock companies is provided for by Part IV. of the Companies Act,1929. See next title and WINDING-UP....
Obtained
Obtained, The word 'obtained' would indicate achievement by exertion in spite of opposition. Hence a dissolution of marriage obtained through the coercive process of civil court would be covered. The word 'obtained' may well be used in the sense of 'procured with effort and would certainly describe correctly a situation where something is achieved by a person through his exertion in spite of opposition from others. According to Webster, again, the word' obtain 'signifies: (a) to gain or attain possession or disposal of, usually by some planned action or method. (b) to bring about or call into being, etc., Mst. Zohara Khatoon v. Mohd. Ibrahim, AIR 1981 SC 1243 (1252): (1981) 2 SCC 509: (1981) 2 SCR 910. [Criminal PC, (2 of 1974), s. 125(1)]...
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...
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