S 38 - Law Dictionary Search Results
Home Dictionary Name: s 38Clayton's case
Clayton's case. 1 Mer. 572. The rule in this case is that payments are presumed, prima facie, to be appropriated to debts in the order in which they are incurred, but see Hallett'' Estate, 13 C.D. 696, as to payments by a trustee, and s. 38, Bankruptcy Act, 1914, also APPROPRIATION OF PAYMENTS....
Children
Children. The word child in legal documents means a legitimate child unless otherwise declared by statute. See Morris v. Britannic Assurance Co., 1931 (2) KB 125. 'Child' is defined by the (English) Children and Young Persons Act, 1933 (23 & 24 Geo. 5, c. 12), s. 107, as meaning, for the purposes of the Act, a person under fourteen years of age. The (English) Children and Young Persons (Scotland) Act, 1932 (22 & 23 Geo. 5, c. 47), makes provisions for Scotland similar to those of the corresponding English Act.Registration of Birth, and Vaccination.--It is the duty, by s. 1 of the (English) Births and Deaths Registration act, 1874 (37 & 38 Vict. c. 88), of the father and mother of very child born alive, and in their default of other persons (see BIRTHS), to give information to the registrar within forty two days; the (English) Public Health Act, 1936, ss. 2 and 3, provides for compulsory notification of births to the Medical Officer of Health (see BIRTHS), and the child must be vaccinat...
Marriage
Marriage. Marriage as understood in Christendom is the voluntary union for life of one man and one woman, to the exclusion of all others, Hyde v. Hyde, 1866 LR 1 P&D 130. Where a marriage in a foreign country complies with these requirements it is immaterial that under the local law dissolution can be obtained by mutual consent or at the will of either party with merely formal conditions of official registration, and it constitutes a valid marriage according to English law, Nachimson v. Nachimson, 1930, P. 217. Previous to 1753 the validity of marriage was regulated by ecclesiastical law, not touched by any statutory nullity but modified by the Common law Courts, which sometimes interfered with the Ecclesiastical Courts, by prohibition, sometimes themselves decide on the validity of a marriage, presuming a marriage in fact as opposed to lawful marriage. A religious ceremony by an ordained clergyman was essential to a lawful marriage, at all events for dower and heirship; but if in an i...
Every order of Controller made under this Act
Every order of Controller made under this Act, the object of s. 38(1) is to give a right of appeal to a party aggrieved by some order which affects his right or liability. In the context of s. 38 (1), the words 'every order of the Controller made under this Act' though very wide, do not include interlocutory orders, which are merely procedural and do not affect the rights or liabilities of the parties, Central Bank of India v. Gokal Chand, AIR 1967 SC 799 (800): (1967) 1 SCR 310. [Delhi Rent Control Act, 1958 (59 of 1958), s. 38(1)]...
Sessions of the peace
Sessions of the peace, sittings of justices of the peace for the execution of those powers which are confided to them by their commission, or by charter, and by numerous statutes. They are of three descriptions:-I. Petty Sessions.--Metropolitan Police magistrates can act alone (see that title), with that exception, every meeting of two or more justices in the same place, for the execution of some power vested in them by law, whether had on their own mere motion, or on the requisition of any party entitled to require their attendance in discharge of some duty, is a petty or petit session. The occasions for holding petty sessions are very numerous, amongst the most important of which is the bailing persons accused of felony, which may be done after a full hearing of evidence on both sides, where the presumption of guilt shall either be weak in itself, or weakened by the proofs adduced on behalf of the prisoner. See PETTY SESSIONS.As to right of the public to attend petty sessions, see OP...
Prospectus
Prospectus, giving complete information about the school/college which issues it. It is the instrument through which the school/college 'holds out' its contents or 'represent' to the general public interest, Sanjeev Dadhwa v. All India Institute of Medical Sciences, AIR 1995 Del 268.Is a document which invites persons to take shares in a company and sets forth the advantages of the company an advertisement is also a prospectus, Paramatha Nath v. Kali Kumar, AIR 1925 Cal 714: (1925) ILR 51 Cal 440.Prospectus, is defined by s. 380 of the (English) Companies Act, 1929, as any prospectus, notice, circular, advertisement, or other invitation offering to the public for subscription or purchase any shares or debentures of a company. By s. 35 of the Act every prospectus issued by or on behalf of a company or engaged or interested in its formation, must state the matters specified in Part I. of the 4th Schedule and set out the reports specified in Part II. of that Schedule, subject as to both p...
Improvement area
Improvement area. Local authorities who have passed a resolution under the provisions of the (English) Housing Act, 1930, s. 7, declaring an area (under conditions similar to those indicated in regard to clearance areas) to be an improvement area, may call upon owners to demolish houses which are unfit for habitation or else to execute all necessary works by notice under ss. 9(1) and 19 of the (English) Housing Act, 1936, and may also purchase land for opening out the area by agreement or compulsorily; see ss. 38 and 39 of the 1936 Act.Before taking action under the resolution the local authority must give an undertaking to find suitable accommodation for persons who may be displaced from working-class houses. Compensation to owners upon expropriation is provided for by ss. 40 and 42 and the 4th Schedule owners may appeal to the County Court against demolition orders under s. 15. The general procedure is regulated by s. 38 and the 1st Schd. See (English) Housing Act, 1936; IMPROVEMENTO...
Accounts duties
Accounts duties. Duties first made payable by the (English) Customs & Inland Revenue Act, 1881 (44 & 45 Vict. C. 12), s. 38, at the same rates as the Probate Duties, upon a donatio mortis causa (q.v.); upon the gift inter vivos of a donor dying within three months; on joint property voluntarily so created and taken by survivorship; and on property taken under a voluntary settlement in which the settlor had reserved a life interest. These duties were in name superseded by the 'Estate Duty' imposed by the (English) Finance Act, 1894 (57 & 58 Vict. C. 30), the property chargeable under the (English) Customs & Inland Revenue Act, 1881, s. 38, being included in the classes of property deemed by the (English) Finance Act, 1894, to 'pass' by death and thus chargeable with the new 'Estate Duty' and the original provisions affecting gifts inter vivos, voluntary settlements, etc., have been considerably amended by subsequent legislation. See ESTATE DUTY....
Contesting candidates
Contesting candidates, these contesting candidates within the phraseology which has been used in s. 38 are candidates who were included in the list of validly nominated candidates and who have not withdrawn their candidature within the period prescribed for such withdrawal. These are the contesting candidates within the meaning of that term as used in the Act and they are normally expected to go to the poll, K. Kamaraja Nadar v. Kunju Thevar, AIR 1958 SC 687 (694). [Representation of the People Act, 1951, s. 38]...
Super-tax
Super-tax. This term was first employed in the (English) Income Tax Act, 1918 (8 & 9 Geo. 5, c. 40), s. 4, to denote an additional duty of income tax which was then levied upon incomes of over 2,500l., altered to 2,000l. by 10 & 11 Geo. 5, c. 18, per annum. The duty was at the rate prescribed by Parliament in any year.By the (English) Finance Act, 1927 (17 & 18 Geo. 5, c. 10), s. 38, super tax has ceased to become charge-able; instead, income tax is charged at a standard rte and persons whose income exceeds a stated amount pay at a higher rate in respect of the excess. The higher tax on the excess is treated as a deferred instalment of income tax and is called SUR-TAX. See ss. 38 and 40 (ibid.)....
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial