S 43 - Law Dictionary Search Results
Home Dictionary Name: s 43 Page: 2Estoppel
Estoppel, a conclusive admission, which cannot be denied. It is of three kinds:-(1) By matter of record, which imports such absolute and incontrovertible verity, that no person against whom it is producible shall be permitted to aver against it. A record concludes the parties thereto, and their privies, whether in blood, in law, or by estate, upon the point adjudged, but not upon any matter collateral or adjudged by inference, A judgment in an action in rem is absolutely binding upon all the world.A conviction on the same facts is no estoppel in a civil action because the parties are not the same, Palace Shipping Co. v. Caine, 1907 AC 386.(2) By deed. No person can be allowed to dispute his own solemn deed, which is therefore conclusive against him, and those claiming under him, even as to the facts recited in it. The general rule is that an indenture estops all who are parties to it, while a deed-poll only estops the party who executesit, since it is his sole language and act, Shep. T...
Residence
Residence, is a concept that may also be transitory. Even when qualified by the word 'ordinarily' the word 'resident' would not result in construction having the effect of a particular place for dwelling always or on permanent uninterrupted basis. Thus understood, even the requirement of a person being 'ordinarily resident' at a particular place is incapable of ensuring nexus between him and the place in question, Kuldip Nayar v. Union of India, AIR 2006 SC 3127.Residence, is flexible and must be construed accord-ing to the object and intent of the particular legislation where it may be found. It must be something more than occupation during occasional usual visits within the local limits of the court, more specially where there is residence outside those limits marked with a considerable measure of continuance, Paster J.S. Singh v. Jyotsana Singh, AIR 1982 MP 122 [See Divorce Act, 1869, s. 3(3)]Residence, is generally understood as referring to a person in connection with the place wh...
Occupier's Liability Notice
Occupier's Liability Notice, the notice which the owner of land out of which tithe rent-charge issues is required, by sub-s. 6 of s. 2 of the Tithe Act, 1891, to give to the owner of the tithe rent-charge of the liability of the occupier of the land, under a contract made before the Act, to pay such tithe rent-charge to such owner of land. Unless this notice (which is styled an 'occupier's liability notice' by r. 3 of the Tithe Rent-charge Recovery Rules, 1891) is served as required by the Tithe Act, 1891, the landowner may not recover from the occupier any sum which he has paid for tithe rent-charge, without a certificate from the County Court 'that there was good and sufficient cause for the failure to give such notice, and that the occupier has not been prejudiced thereby.' For form of notice, see Thring's Tithe Act, 1891 p. 58, and now, generally, the (English) Tithe Act, 1936 (26 Geo. 5 & 1 Edw. 8, c. 43), s. 20(3) (Transitional Provisions)....
School
School. See EDUCATION; PUBLIC SCHOOLS; RE-FORMATORY SCHOOLS; Chitty's Statutes, tit. 'Education.'An institution of learning and education, esp. for children, Black's Law Dictionary, 7th Edn., p. 1346.School Attendance Committee, a committee appointed annually (in 'school districts' not within the jurisdiction of a 'school board') for the purpose of enforcing the Elementary Education Act, 1876, by proceeding against parents who neglected to send their children to a public elementary school. The duties of this Committee were transferred to the local education authorities by the Education Act, 1902. This Act was repealed by the Education Act, 1921, but the responsibilities of the local education authorities in this respect were confirmed (s. 43).School Board, a body corporate of persons elected triennially, for the purpose of managing 'public elementary schools' within their respective districts [(English) Elementary Education Acts, 1870 and 1873]. School Boards were abolished by the (Eng...
Valuation list
Valuation list. By the (English) Rating and Valuation Act, 1925, in England outside the county of London, a list of all the rateable hereditaments in a rating area (and not in a parish) is to be prepared by the rating authority, i.e., the council of every county, borough, or urban and rural district to whom all powers of the overseers of the poor in regard to the levying and collection of rates were transferred by s. 1 of the (English) R. and V. Act, 1925, for the purposes of a general rate. A draft list is drawn up after requiring returns from the owner, occupier or lessee of every hereditament in the area. The draft list is revised by the assessment committee appointed by the rating authority for the area and is then transmitted to the rating authority, by whom it is deposited for public inspection at the office of the authority. Appeals may be made within twenty-five days from the date of deposit, and the lists are quinquennial and conclusive evidence of the value of the hereditamen...
Militia
Militia, the national soldiery, as distinguished from the regular forces or standing army, being the inhabitants, or, as they have been sometimes called, the trained bands of a town or county, who are armed on a short notice for their own defence. as to its origin see Hall, Cons. Hist. iii. p. 259. The statutes on this subject make service compulsory upon all men between eighteen and thirty, who are to be selected by ballot (23 & 24 Vict. c. 120, s. 7), with exceptions for peers, clergymen, articled clerks, officers on half pay, apprentices, poor men having more than one child born in wedlock and other persons (42 Geo. 3, c. 90, s. 43); but by Acts dating from 10 Geo. 4, c. 10, the making of lists and the ballots and enrolments for the Militia were from time to time suspended.Finally in 1865, by the (English) Militia (Ballot Suspension) Act, 1865--a temporary Act, continued annually from time to time by successive Expiring Laws Continuance Acts--these statutes were suspended, subject t...
House, Houses
House, Houses, See Special Reference No. 1 of 2002 (In Re Gujarat Assembly Matter, (2002) 8 SCC 237. [Constitution of India, Article 174(1)]As to what will pass under a grant of a 'house,' see St. Thomas's Hospital v. Charing Cross Ry.Co., (1861) 1 J. & H. at p. 404, per Wood, V.-C.; Co. Litt. 5 b. As to a devise of a 'house,' see Theobald on Wills; Jarman on Wills.Malicious injuries to houses by tenants, or by means of explosive substances, are punishable by the Malicious Damage Act, 1861 (24 & 25Vict. c. 97), ss. 9 and 13.'House 'under the Public Health 1936 Act, s. 43, means a dwelling-house, whether private or not; under the Housing Act, 1936, s. 187, includes any yard, garden, outhouses and appurtenances; under the Rent Restriction Acts, 1920-1935, a dwelling-house means a house let as a separate dwelling or a part of a house being a part so let (1933, s. 16); for other definitions, see respective statutes.The word 'house' would in its ordinary sense include any building irrespect...
Banker's acceptance
Banker's acceptance, is a short-term credit instrument issued by an importer's bank that guarantees payment of an exporter's invoice, Webster's Dictionary of Law, Indian Edn. (2005), p. 43....
Mineral rights duty
Mineral rights duty. The (English) Finance (1909-10)Act, 1910 (10 Edw. 7, c. 8), ss. 20 and 21 imposes a duty of 1s. in the ' on the rental value of minerals (see that title). This tax falls upon the proprietor or lessor and is for practical purposes an additional 'landlord's property tax' imposed upon minerals. These ss. have been amended by 2 & 3 Geo. 5, c. 8, s. 11; 5 & 6 Geo. 5, c. 89, s. 43; 10 & 11 Geo. 5, c. 18, s. 64, and Sched. IV....
Aggravated assaults
Aggravated assaults, 'Aggravated' means aggravated in respect of violence, not by reason of indecency, R. v. Baker, (1876) 46 LJ Ex 75; on females or boys under fourteen, see (English) Offences against the Person Act, 1861, s. 43, which allows two justices, 'if the assault or battery is of such an aggravated nature that it cannot in their opinion be sufficiently punished under the provisions of s. 42 as to common assaults and batteries,' to give a convicted offender six months' imprisonment with hard labour or to fine him up to 20l. including costs (the maximum punishment for a common assault being two months' imprisonment, or a fine up to 5l.) and to bind him over to keep the peace. (English) Criminal Justice Act, 1925 (c. 86), s. 39 (2), has increased the fine up to 50l., not including costs.Means the criminal assault accompanied by circumstances that make it more severe, such as the use of a deadly weapon, the intent to commit another crime, or the intent to cause serious bodily har...
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