S 226 - Law Dictionary Search Results
Home Dictionary Name: s 226 Page: 3Disposition of the company's property
Disposition of the company's property, where a company pays a creditor by cheque between the date of petition and the winding up order against the company, it is illogical to hold that there is an additional disposition in favour of the bank where the company is in credit prior to payment of the cheque and the bank, in paying the cheque, debits the cheque against the company's credit balance with the bank, Hollicourt (Contracts) Ltd. v. Bank of Ireland (CA), (2001) Ch LR 555.A control for the disposition of land and an effected disposition; that the expression 'sold, leased or otherwise disposed of by a disposition' was not apt to include a contract to make a disposition of land but referred only to a disposition which had actually been effected, Boyoumi v. Women's Total Abstinence Union Ltd., (2003) 2 WLR (Charities Act, 1993, s. 37)...
Subject to surveyor's report
Subject to surveyor's report, means when a property is agreed to be purchased subject to surveyor's report, it is perfectly well-understood in the business of sale and purchase of houses, that, when a person says that he will buy 'subject to surveyor's report, although he agrees to everything else, what it means is that he will not decide whether he will take the house until he has seen what his surveyor says about it, Marks v. Board, (1930) 46 TLR 424: Burrow's Words and Phrases....
Queen's proctor
Queen's proctor, means a solicitor that represents the crown in domestic-relations, probate, and admiralty cases. For example, in a suit for divorce or nullity of marriage, the Queen's proctor might intervene to prove collusion between the parties. Also termed (when a king reigns) King's proctor, Black's Law Dictionary, 7th Edn., p. 1259....
Queen's Counsel
Queen's Counsel (abbreviated Q.C.). See KING'S COUNSEL (abbreviated K.C.). All Queen's Counsel at the death of the late Queen Victoria became King's Counsel without any new appointment....
Macnaughton's Case, Rules in
Macnaughton's Case, Rules in [4 St. Tr. (N.S.) 847]. A discussion took place in the House of Lords upon the direction to the jury by Tindal, C.J., in the trial of Macnaughton, and as a result a series of questions were put to the judges. The answers of the majority constitute 'the rules in Macnaughton's case,' and have been accepted as laying down the law as to insanity with reference to criminal responsibility. See Archbold, Crim. Pleading, etc., 25th Edn., p. 15 et seq. The rules have been the subject of much discussion and criticism by political, medical, and legal writers (see, for example, Lord Birkenhead's letter to The Times, May 26th, 1924). The main rule which is laid down is, that in order to establish a defence on the ground of insanity, it must be proved that, at the time of the committing of the act, the person accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing, or, if he did know it,...
Lloyd's Register
Lloyd's Register, the abbreviated title of 'Lloyd's Register of British and Foreign Shipping,' published annually by Lloyd's Registry. The register contains an alphabetical list of all British ships, and such foreign ships as are classed in the Register, classified according to type, materials, state of repair, etc., the classification being indicated by letters and numerals. Ships intended for classification are built under the inspection of Lloyd's surveyors or in accordance with rules published by the Registry....
King's keys
King's keys. The King's keys are, in law phrase, the crow-bars and hammers used to force doors and locks in execution of the King's warrant, Scott's Antiquary....
Cairn's Act (English)
Cairn's Act (English), for enabling the court of Chancery to award damages, and try questions of fact with a jury, 21 & 22 Vict. c. 27, repealed by Stat. Law Rev. and Civil Procedure Act, 1883, as having been superseded by s. 24 of the Judicature Act, 1873. See R. S. C. Ord. L., r. 6, and Judicature Act,1925, s. 36....
Dead man's part
Dead man's part, the remainder of an intestate's movables, besides that which of right belonged to his wife and children. This was formerly made use of in masses for the soul of the deceased; subsequently, the administrators applied it to their own use and benefit, until the 1 Jac. 2, c. 17, subjected it to distribution among the next of kin. In Scotland the 'dead's part' of a man's personalty is that part of which he is entitled to dispose by will. See REASONABLE PARTS....
Battered Woman's syndrome
Battered Woman's syndrome, means the psycho-logical symptoms buffered by a woman repeatedly abused by a mate (as a husband), Battered Woman's syndrome is used as defense to violent criminal charges (as homicide). Evidence of repeated abuse is used to show that the defendant acted in self-defence even though the threat or danger was not imminent; Battered Woman's syndrome is also used as a mitigating factor in sentencing, Webster's Dictionary of Law, Indian Edn. (2005), p. 46....
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