S 155 - Law Dictionary Search Results
Home Dictionary Name: s 155 Page 1 of about 10,550 results (0.008 seconds)Power
Power, in respect of court the word 'power' means an authority expressly or impliedly conferred on the court by law to do that which without that sanction it could not have done, consent cannot give jurisdiction, K.E. v. Vithu, (1899) 1 Bom LR 157.Power, is an authority reserved by, or limited to, a person to dispone, either wholly or partially, of movable or immovable property, either for his own benefit or for that of others. The word is used as a technical term and is distinct from the dominion which a man has over his own estate by virtue of ownership, Stroud's Judicial Dictionary.Power, is not synonymous with jurisdiction, K.E. v. Vithu, (1899) 1 Bom LR 157.Power, may be general or implied. The general powers are such as the donee can exercise in favour of such person or persons as he pleases, including himself, Mahadeo Ramchandra v. Damodar Vishwanath, AIR 1957 Bom 218.Means any form of energy which is not generated by human or animal agency. [The Gujarat Lifts and Escalators Act...
Extinguishment
Extinguishment, the annihilation of a collateral interest, or the supersedure of one interest by another and greater interest in that out of which it is derived. It is of various natures as applied to various rights.The cessation or cancellation of some right on interest, Black's Law Dictionary, 7th Edn., p. 604.(1) Extinguishment of common. It he who is entitled to common appurtenant purchase any part of the land which is subject to his right of common, that right is extinguished for the whole; and so, if he release his right over any part of the land. But it has been justly doubted whether in any case, and especially if all persons who have common appurtenant in the same land concur in discharg-ing some part of it, this legal trap should be allowed to operate, Burton's Comp., 8th Edn. 352. If one of the tenants of a manor purchase any part of the land over which he has a right of common appendant, his right over the rest will continue. So, on the alienation of any part of land to whi...
Rectification
Rectification, implies the correctness of an error or removal of defects or imperfections. It implies prior existence of error, mistake, or defect, which after rectification is made right, and corrected by removal or the flaws, Benarsi Dass Saraf v. Dalmia Dadri Cement Ltd., (1967) 37 Comp Cas 440: AIR 1959 Punj 232.Rectification. The power to rectify a written document which, as drawn out, does not express the mutual and concurrent intention of the parties, is a power which the Courts of equity always possessed; but such jurisdiction is exercised with the greatest care and caution, and only on evidence of the clearest and most satisfactory description. Rectification has been made in almost every kind of instrument, e.g., in marriage settlements, Cogan v. Duffield, (1876) 2 Ch D 46; in agreements concerning land, Olley v. Fisher, (1886) 34 Ch D 367; in conveyances White v. White, (1872) LR 15 Eq 247; and in leases Cowan v. Truefitt, Ltd., (1899) 2 Ch 309. As to wills, see Vaughan v. Cl...
Tape-recorded conversation
Tape-recorded conversation, a previous statement, made by a person and recorded on tape, can be used not only to corroborate the evidence given by the witness in Court but also to contradict the evidence given before the Court, as well as to test the veracity of the witness and also to impeach his impartiality. Apart from being used for corrobora-tion, the evidence is admissible in respect of the other three last-mentioned matters, u/s. 146(1), Exception 2 to s. 153 and s. 155(3) of the Evidence Act; Shri N. Sri Rama Reddy v. Shri V.V. Giri, AIR 1971 SC 1162: (1970) 2 SCC 340: (1971) 1 SCR 399....
Undischarged bankrupt
Undischarged bankrupt. Transactions by an un-discharged bankrupt with any person dealing with him bona fide and for value in respect of any property, real or personal, acquired by the bank-rupt after adjudication, are valid against the trustee if completed before he intervenes (Bankruptcy Act, 1914, s. 47). If an undischarged bankrupt, (a) obtains credit to the extent of ten pounds or upwards without giving notice that he is an undischarged bankrupt, or (b) engages in any trade or business under a name different from that under which he was adjudicated bankrupt without disclosing the latter name, he is guilty of a misdemeanour (ibid., s. 155)....
Exchanges, Regimental
Exchanges, Regimental. The Sovereign may from time to time by regulation authorize exchanges by officers from one regiment to another [(English) Regimental Exchanges Act, 1875]. Under the Army Act, s. 155 (3), any person who negotiates, acts as agent for, or otherwise aids or connives at any exchange, not so authorized, in respect of which any sum of money or other consideration is given or received, is liable on conviction to a fine of 100l., or to imprisonment, and if an officer, on conviction by Court-martial, to be dismissed the service....
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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