S 25 - Law Dictionary Search Results
Home Dictionary Name: s 25 Page: 6Collision of ships
Collision of ships, the striking or running foul of one ship against another. The remedy is either an action at law or a suit in the Admiralty Division. The possibilities under which a collision may occur, and the rules acted on by the Court of Admiralty, have been thus stated by Lord Stowell in The Woodrop-Sims, (1815) 2 Dodson, 85:-'In the first place, it may happen without blame being imputable to either party: as where the loss is occasioned by a storm or any other vis major, in that case the misfortune must be borne by the party on whom it happens to light, the other not being responsible to him in any degree. Secondly, a misfortune of this kind may arise where both parties are to blame, where there has been a want of due diligence or of skill on both sides: in such a case, the rule of law is, that the loss must be apportioned between them, as having been occasioned by the fault of both of them. Thirdly, it may happen by the misconduct of the suffering party only, and then the rul...
Petty Sessions
Petty Sessions. A meeting of two or more justices of the peace, not being a general or quarter sessions, to transact business with which it is either necessary or desirable that more than one justice should deal. The expression is, however, often used to denote a Petty Sessional Court, which is defined as 'a Court of summary jurisdiction, consisting of two or more justices, sitting in apetty sessional Court-house,' and includes 'any stipendiary magistrate when sitting in a Court-house or place or which he is authorized to do alone any act authorized to be done by more than one justice of the peace.'--(English) Interpretation Act, 1889, s. 13 (12). The principal business transacted by a petty sessional Court is the trial of minor offences in a summary way without a jury. This power is given by various statutes dealing with particular offences and by the Summary Jurisdiction Acts. There is an appeal from the decision of a petty sessional Court on questions of law and fact to quarter sess...
Essence
Essence, that which is indispensable to the existence of any thing or matter. As to the construction of stipulations which according to the rules of equity are not deemed of the essence of a contract, see (English) Law of Property Act, 1925, s. 41, replacing Jud. Act, 1873, s. 25, sub-s. 7, Stickney v. Keeble, 1915 AC 386. And see TIME.Essence is a flavouring material & its function is to add Flavour to the food i.e., to make it more palatable, Commissioner of Sales Tax v. S.N. Brothers, (1973) 3 SCC 496: AIR 1973 SC 78: (1973) 2 SCR 852....
Exhumation
Exhumation, the disinterring of an interred corpse. To disinter a dead body without lawful authority is a common law misdemeanour. Unless a body is removed from one consecrated burial place to another by faculty, it is unlawful to remove any body or the remains unless by licence from the Secretary of State [(English) Burial Act, 1857 (c. 81), s. 25; (English) Fees (Increase) Act, 1923 (c. 4), s. 7; Cemeteries Clauses Act, 1847 (c. 65), s. 26]. A coroner may by common law order disinterment within a reasonable time for taking an original inquisition or a fee for the inquisition. For the purpose of cremating bodies already buried, an exhumation licence must be obtained from the Secretary of State.The removal from the earth of something buried esp. a human corpse, disinterment, Black's Law Dic-tionary, 7th Edn., p. 595....
Police officer
Police officer, the expression 'police officer' used in s. 523, Criminal Procedure Code, is to be construed strictly. A Customs Officer cannot be regarded as police officer, Assistant Collector of Customs v. Tilak Raj Shiv Dayal, AIR 1969 Del 301 (303). [Cr. P.C., 1898, s. 523]A Customs Officer conducting an inquiry under s. 107 or 108 of the Act is not a Police Officer and the person against whom the inquiry is made is not an accused and the statement made by such a person in that inquiry 'is not a statement made by a person accused of an offence', Percy Rustomji Basta v. State of Maharashtra, AIR 197 SC 1087 (1091); See also Illias v. Collector of Customs, AIR 1970 SC 1065. (Evidence Act, 1872, s. 25)...
Registered user
Registered user, means a person who is for the time being registered as such under s. 49. [Trade Marks Act, 1999 (47 of 1999), s. 2 (1) (x)]Means a person who is for the time being registered as such under s. 25. [Semiconductor Integrated Circuits Layout-Design Act, 2000 (37 of 2000), s. 2(p)]...
Denarii S. Petri
Denarii S. Petri (commonly called Peter's Pence), an annual payment on St. Peter's feast of a penny from every family to the pope, while the Roman Catholic religion was established. Abolished by 25 Hen. 8, c. 21....
Night
Night, the time of darkness between sunset and sunrise. Under the Night Poaching begins one hour after sunset, and ends one hour(English) s before sunrise. Under the (English) Larceny Act, 1916, s. 25 (see BURGLARY), and the (English) Factory Act, 1901, s. 156, night is between 9 p.m. and 6 a.m....
Ordnance survey
Ordnance survey. The 'survey of Great Britain and the Isle of Man' was first authorized in 1841 by 4 & 5 Vict. c. 30, an Act which expired in 1846, but was continued by successive Expiring Laws Continuance Acts until made permanent by 12 & 13 Geo. 5, c. 50. The work is carried out under the Ministry of Agriculture and Fisheries Acts, 1889 to 1919.For statutory determination of distance by ordnance map, see Municipal Corporations Act, 1882, s. 231, and for definition of 'ordnance map, see Interpre-tation Act, 1889, s. 25. For the use of the Ordnance Survey Maps in the Land Registry, see Land Registration Act, 1925, s. 76, and Tratman, 'The Land Registry General Map.'...
Statutory trusts
Statutory trusts. for the purposes of the (English) Law of Property Act, 1925, land held upon 'statutory trusts' shall be held upon trust for sale and to stand possessed of the net proceeds of sale after payment of costs and net rents and profits until sale subject to rates, taxes, and cost of insurance, repairs, and other outgoings, upon trust for the persons entitled under the settlement, including incumbrancers of former undivided shares, or not secured by a legal mortgage, and where an undivided share was subject to a settlement and the settlement remains subsisting in respect of other property and the trustees of the settlement are not the same persons as the trustees for sale the settled portion of the proceeds of sale is to be handed over to the settlement trustees as capital money under the (English) Settled Land Act, 1925 (s. 35 of the Law of Property Act, 1925). By s. 25, (English) L.P. Act, 1925, the trustees have power to postpone the sale unless a contrary direction appear...
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