S 141 - Law Dictionary Search Results
Home Dictionary Name: s 141Company
Company [fr. compagnia, Ital., which word is still printed on Bank of England notes as 'compa'], a body of persons associated for purposes of busi-ness, sometimes, but not now so frequently as some years ago, styled a Joint Stock Company.A company has its origin either (1) in a charter, as the Bank of England and many insurance companies; or (2) in a special Act of Parliament, with which, as authorizing an undertaking of a public nature such as a railway, the Companies Clauses Consolidation Act, 1845 (8 & 9 Vict. c. 16), is necessarily incorporated; or (3) in registration under the Companies Acts, 1862 and subsequent Acts, now consolidated into the (English) Companies Act, 1925 (19 & 20 Geo. 5, c. 23).By s. 13 of the Act of 1925 (1) on the registration of the memorandum of a company the registrar shall certify under his hand that the company is incorporated and, in the case of a limited company, that the company is limited. (2) From the date of incorporation mentioned in the certificat...
Counter-sign
Counter-sign, the signature of a secretary or other subordinate officer to anywriting signed by the pricnipal or superior to vouch for the authenticity of it; e.g., the order of a towncouncil for payment of money out of the borough fund must be singed by three members of the town council,and counter-signed by the townclerk, by (English) Local Government Act, 1933 (23 & 24 Geo. 5, c. 51), s. 187, replacing (except as to London) Municipal Cor-porations Act, 1882, s. 141.Also the password in response to a military challenge by a sentinel or guard.To 'countersign' means 'to sign opposite to along side of or in addition to another signature 'or' to add one's signature to a document (already signed by another) for authentication or confirmation', M. Duraiswamy v. Murugan Bus Service, 1986 Supp SCC 1: AIR 1986 SC 1980 (1989). [Motor Vehicles Act, (4 of 1939), s. 63(1)]...
Parish Boundaries
Parish Boundaries, see 1 Vict. c. 69, s. 2; 2 & 3Vict. c. 62, ss. 34-6; 3 & 4 Vict. c. 15, s. 28; 8 & 9 Vict. c. 118, ss. 39-45; and 12 & 13 Vict. c. 83, ss. 1, 9. See also 38 & 39 Vict. c. 55, s. 278; and as to the better arrangement of divided parishes, see 39 & 40 Vict. c. 61. In order to perpetuate the memory of parish boundaries it was anciently the custom for the parishioners to walk round or perambulate the parish generally during Rogation Week. This was called 'beating the bounds.' Although the fixing of parish boundaries by Act of Parliament and the more general use of maps has done away with this necessity, perambulations still take place in many parishes. As to alteration of parish boundaries, see (English) Local Government Act, 1933 (23 & 24 Geo. 5, c. 51), s. 141....
Leading question
Leading question, a question which suggests to a witness the answer which the party examining desires. Any question suggesting the answer which the person putting it wishes or expects to receive is called a leading question (Indian Evidence Act, 1872, s. 141). See Best on Evidence; Powell on Evidence. Such questions are not allowed to be put except in cross-examination, except as to matter not in dispute, and preliminary inquires, name and address, etc., of witnesses.It is not easy to lay down any precise general rule as to what are leading questions; on the one hand, it is clear that the mind of the witness must be brought into contact with the subject of inquiry; on the other, that he ought not to be prompted to give a particular answer, or to be asked any question to which yes or no would be conclusive. But how far it may be necessary to particularise, in framing the question, must depend upon the circumstances of each particular case.If a witness by his conduct show himself decided...
To enforce any right or supposed right
To enforce any right or supposed right, in order to attract the provisions of s. 149 the prosecution must establish that there was an unlawful assembly and that the crime was committed in prosecution of the common object of the assembly. The assertion of a right of private defence within the limits prescribed by law cannot fall within the expression 'to enforce any right or supposed right' in the fourth clause of s. 141. The assembly could not be designated as an unlawful assembly if its object was to defend property by the use of force within the limits prescribed by law, State of Bihar v. Nathu Pandey, AIR 1970 SC 27: (1969) 2 SCC 207: (1970) 1 SCR 358....
Unlawful assembly
Unlawful assembly, an assembly of five or more persons is designated an 'unlawful assembly', if the common object of the persons composing that assembly is:First.-To overawe by criminal force, or show of criminal force, the Central or any State Govern-ment or Parliament or the Legislature of any State, or any public servant in the exercise of the lawful power of such public servant; orSecond.-To resist the execution of any law, or of any legal process; orThird.-To commit any mischief of criminal trespass, or other offence; orFourth.-By means of criminal force, or show of criminal force, to any person to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right of supposed right; orFifth.-By means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what ...
Accessorium non ducit, sed sequitur suum principale
Accessorium non ducit, sed sequitur suum principale [Lat.], The accessory right does not lead, but follows its principal. Rent is incident to the reversion, and by a grant of the reversion the rent will pass: Law of Property Act, 1925, s. 141 (1). The law relative to contracts and mercantile transactions likewise presents many examples of the rule. Thus the obligation of the surety is accessory to that of the principal, and is extinguished by the release or discharge of the latter; but the converse does not hold. So, likewise, interest of money is accessory to the principal, and must, in legal language, follow its nature....
Borough Fund
Borough Fund, the revenues of a municipal borough derived from the rents and produce of the land, houses, and stocks belonging to the borough in its corporate capacity, and supplemented where necessary by a borough rate. See ss. 138-144 of the (English) Municipal Corporations Act, 1882, which specifies the purposes to which it is legally applicable, and allows (s. 141) orders of a town council for payment of money out of it to be questioned by the High Court on certiorari....
Common object
Common object, 'common object' is different from a 'common intention' as it does not require a prior concert and a common meeting of minds before the attack. It is enough if each has the same object in view and their number is five or more and that they act as an assembly to achieve that object. The 'common object' of an assembly is to be ascertained from the acts and language of the members composing it, and from a consideration of all the surrounding circumstances. It may be gathered from the course of conduct adopted by the members of the assembly, State of Maharashtra v. Kashirao, AIR 2003 SC 3901 (3905): (2003) 10 SCC 434. (Penal Code, 1860, s. 141)Common object, the word object means the purpose or design and in order to make it common it must be shared by all, Charan Singh v. State of Uttar Pradesh, (2004) SCC 205....
Necessity, agent of
Necessity, agent of. An agent of necessity may be constituted in two ways: (1) 'Extraordinary emergencies may arise, in which a person who is an agent, may, from the very necessities of the case, be justified in assuming extraordinary powers; . . . his acts, fairly done, under such circumstances, will be binding up on his principal' (Story on Agency, 9th ed. s. 141). (2) A stranger acting without any authority may become an agent under circumstances of positive necessity. The doctrine originated in marine adventure, but has been gradually extended, see Prager v. Blatspied, (1924) 1 KB 566; see Gwillian v. Twist, (1895) 2 QB 84; Largan v. G.W.R. Co., 30 LT 173.A wife deserted by her husband has authority by law, as an agent of necessity, to pledge his credit for necessaries suitable to her station in life and for costs reasonably incurred in taking proceedings against him.A wife defending a divorce suit is not an agent of necessity as regards her costs, Arnold and Weaver v. Amari, (1928...
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