S 188 - Law Dictionary Search Results
Home Dictionary Name: s 188Regulation
Regulation, has been defined as a rule or order prescribed for management or governance, Corpus Juris Secundum (Vol. 76, p. 615).Regulation, includes regulation, Constitution of India, Art. 13(3)(a).Means a rule or order prescribed for management or governance. As a matter of fact the regulation has to be interpreted in the context in which it is used and not dehors the context, and thus regulation also includes a power to levy, Saurashtra Cement and Chemical Industries v. Union of India, AIR 2001 SC 8. [See Constitution of India, Sch. 7, List 1, Entry 54; Mines and Minerals (Regulation and Development) Act, 1957, s. 2]Means the regulations made by the council under s. 40. [Maharashtra State Council for Occupational Therapy and Physiotherapy Act, 2002, s. 2(r)]The expression 'regulation' in a given case may amount to prohibition, Talcher Municipality v. Talcher Regulated Market Committee, (2004) 6 SCC 178 (181). (Orissa Municipalities Act, 1950)The act or process of controlling by rule...
Maintenance-effect on divorce
Maintenance-effect on divorce, if there is no specific provision to the contrary, nothing that there is in the Code of Criminal Procedure will affect any special provision in force, or in other words there being nothing to the contrary the provisions of s. 188 of the Code of Criminal Procedure will have no effect on s. 44 of Divorce Act, James Fredrick Rowland v. M/s. Raynah Rowland Nee Glover, AIR 1959 Cal 703....
Tippling Act
Tippling Act. The (English) Sale of Spirits Act, 1750 (24 Geo. 2, c. 40), s. 12, by which no person may maintain any action for any debt 'for any spirituous liquors, unless such debts shall have really been contracted at one time to the amount of 20s.'By the Sale of Spirits Act, 1862 (25 & 26 Vict. c. 38), the above enactment is repealed so far only as relates to spirituous liquors sold to be consumed elsewhere than on the premises where sold, and delivered at the residence of the purchaser thereof in quantities not less at any one time than a reputed quart.By the (English) County Courts Act, 1934, s. 188, replacing (English) County Courts Act, 1888, s. 182, no action may be brought in any Court to recover any debt alleged to be due for ale, porter, beer, cider, or perry, consumed on the premises where sold...
Decision or order passed by an Officer of Customs under this Act
Decision or order passed by an Officer of Customs under this Act, The words 'decision or order passed by an Officer of Customs under this Act' used in S. 188 of the Sea Customs Act must mean a real and not a purported determination. A deter-mination, which takes into consideration factors which the officer has no right to take into account is no determination. This is also the view taken by courts in England. In such cases the provision excluding jurisdiction of Civil Courts cannot operate so as to exclude an inquiry by them, Union of India v. Tarachand Gupta and Bros., (1971) 1 SCC 486: AIR 1971 SC 1558: (1971) 3 SCR 557....
Nameboard
Nameboard, according to the Random House Dictionary of the English language, the expression 'nameboard' (perhaps hyphenated) means a sign board that identifies a place or object; it is a name painted, stenciled, etc. on something, as on the side of a ship. (Name + Board). If by means of paint or structural signs an identifying name is engrafted over a building, as an identified measure, then it is a name board, N.D.M.C. v. Allied Motors (Pvt.) Ltd., AIR 1966 SC 388 (390): 1995 Supp (4) SCC 150. [Punjab Municipal Act, 1911, s. 188 (v) and 199]...
Partition of Chattels
Partition of Chattels. The court may order partition of chattels owned in undivided shares upon application by the persons interested in a moiety or upwards. [(English) Law of Property Act, 1925, s. 188]...
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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