S 127 - Law Dictionary Search Results
Home Dictionary Name: s 127 Page: 2Disposition of company property
Disposition of company property, where a com-pany withdraws a sum of money from its bank account in credit and pays that sum to a third party, there is a disposition of the company property which , if it occurs after the commencement of the winding up is avoided by s. 127, Hollicourt (Contracts) Ltd. v. Bank of Ireland, (2001) 2 WLR 290.Disposition of company property, where a company withdraws a sum of money from its bank account in credit and pays that sum to a third party, there is a disposition of the Company's Property, Hollicourt (Contracts) Ltd. v. Bank of Ireland, (2000) 1 WLR 895....
Grossly offensive
Grossly offensive, was an ordinary English phrase with no special legal content which it was for the Justices to apply to the facts as they found them. What is offensive has to be judged by the standards of an open and just multiracial society, Director of Public Prosecutions v. Collins, (2006) 1 WLR 308 QB; see also (English) Communications Act, 2003, s. 127; Cozens v. Brutus, (1978) AC 854: (1972) 3 WLR 521: (1972) 2 All ER 1297 HL(E)....
Mehar
Mehar, Payment of mehar money, as a customary discharge, is within the cognizance of s. 127, Criminal Procedure Code, 1973. The purpose of the payment 'under any customary or personal law' must be to obviate destitution of the divorcee and to provide her with wherewithal to maintain herself, Bai Tahira v. Ali Hussain Fissalli Chothia, AIR 1979 SC 362 (366): (1979) 2 SCC 316: (1979) 2 SCR 75....
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...
Shelley's case, Rule in
Shelley's case, Rule in. intimately connected with the quantity of estate which a tenant may hold in realty, is the antique feudal doctrine generally known as the rule in Shelley's Case, which is reported by Lord Coke in 1 Rep. 93 b (23 Eliz.in C.B.), and elaborately examined by Lord Macnaghten in Van Grutten v. Foxwell, 1897 AC 658.The rule has been abolished by the (English) Law of Property Act, 1925, s. 131, in the construction of all instruments coming into operation after 1925; but the rule governs the construction of all instruments which have come into operation before the 1st January, 1926.The rule may be described thus: Where a life free-hold, either legal or equitable in realty (whether of freehold or copyhold tenure), is limited by any assurance to a person, and by the same assurance the inheritance of the same quality, i.e., either legal or equitable, is limited by way of remainder (with or without the interposition of any other estate) to his heirs or the heirs of his body...
Queen's Bench Division
Queen's Bench Division, means the English court, formerly known as the Queen's Bench or King's Bench, that presides over tort and contract actions, applications for judicial review, and some Magistrate-court appeals, Black's Law Dictionary, 7th Edn., p. 1259.The jurisdiction of the Court of Queen's Bench was assigned, by s. 34 of the (English) Jud. Act, 1873, to the Queen's Bench Division of the High Court of Justice; and by Order in Council under s. 32 of the same Act, the Common Pleas and Exchequer Divisions were, in February 1881, merged in the same 'Queen's Bench Division,' which began to be styled, after the death of the late Queen Victoria in January, 1901, the 'King's Bench Division.' As to assignment of business to, see (English) Jud. Act, 1925, s. 56 (2)....
Lord Mayor's Court in London
Lord Mayor's Court in London. An inferior [Cox v. Mayor of London, (1867) LR 2 HL 239] Court of the king, held before the lord mayor and aldermen. Its practice and procedure were amended and its powers enlarged by the Mayor's Court of London Procedure Act, 1857. In this Court the recorder presided, or, in his absence, the common serjeant (s. 43), or the assistant judge appointed under the Borough Courts of Record Act, 1872. The Mayor's and City of London Court Act, 1920, amalgamated the City of London Court (see that title) (the jurisdiction of which was that of county Court) with the Mayor's Court, and by the County Court Act, 1934 (24 & 25 Geo. 5, c. 53), s. 186, now to be deemed a county Court, subject to the Mayor's Court Act of 1920, and the London (City) Small Debts Extension Act, 1852, with all its powers, rights and privileges preserved; and see Bowater & Sons Ltd. v. Davidson's Paper Sales, (1936) 1 KB 465. The conjoint Court thus established has all the powers and jurisdictio...
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...
Lloyd's
Lloyd's. in the second half of the seventeenth century a number of merchants, ship-owners, and insurance brokers were accustomed to meet in Lloyd's Coffee House in the City of London. From these meetings arose the present association of underwriters, which is famous throughout the world as a centre of marine insurance. Shipping intelligence of all kinds is collected by Lloyd's agents all over the world and forwarded to London. Signal stations have been established under the provisions of (English) Lloyd's Signal Station Act, 1888 (51 & 52 Vict. c. 29). Derelict ships have to be reported to Lloyd's (Derelict Vessels (Report) Act,1896 (59 & 60 Vict. c. 12)). 'Lloyd's List' thus forms a record of shipping news of great importance to the commercial community. Lloyd's Act, 1871 (34 & 35 Vict. c. xxi.), incorporates and regulates Lloyd's. Besides marine insurance, almost any risk can be covered there, and by the Assurance Companies Act,1909 (9 Edw. 7, c. 49), ss. 28 and 33, members of Lloyd'...
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