S 58 - Law Dictionary Search Results
Home Dictionary Name: s 58A.B
A.B. Able-bodied seaman, having served at sea for three years before the mast, (English) Merchant Shipping Act, 1894 (57&58 Vict, e. 60), s. 126, as amended by Merchant Shipping Act, 1906 (6 Edw. 7, c. 148), s. 58. Any false statement or false representation for the purpose of obtaining a rating as A.B. renders the offender liable to a fine not exceeding five pounds. [(English) Merchant Shipping Act, 1906, s. 58(2)]...
Registration of title of land
Registration of title of land. The (English) Land Registration Act, 1925 (15 Geo. 5, c. 21), repeals and re-enacts the (English) Land Transfer Acts, 1875 (38 & 39 Vict. c. 87) and 1897 (60 & 61 Vict. c. 65), with amendments in keeping with innovations which were introduced by the property laws of 1925. Its object is to simplify the indicia of land ownership and transfer by mere inscription and transcription in a register. The advantages which are claimed for the system are (a) purchasers for value of an absolute or good leasehold title are absolved from any inquiry into the title other than it is shown to be on the register; (b) certain equitable claims which would be binding on the land under the general law and cannot be removed or over-reached without onerous formalities do not affect such purchasers; (c) the method of conveyance or charge is simple; (d) subject to the statutory provisions, registration guarantees the title to purchasers for value and mortgagees. It should be observ...
Valid votes
Valid votes, the expression 'valid votes' has nowhere been defined in the Act, but in the light of the provisions of s. 36(8) of the Act read with rule 58, two things are clear, first that the candidates are validly nominated candidates whose nomination papers are accepted by the returning officer scrutiny, and second that the provision of s. 58 provides that the ballot papers which are not rejected under Rule 57 are deemed to be 'valid ballot papers' and are to be counted as such, AIR 1960 SC 131 followed; Jabar Singh v. Genda Lal, AIR 1964 SC 1200 (1208): (1964) 6 SCR 54. [Representa-tion of the People Act, 1951, s. 36(8), Conduct of Election Rules, 1961, R. 58]...
Admiralty
Admiralty, the Executive Department of State which presides over the naval forces of the kingdom. The normal head is the 'Lord High Admiral,' but in practice the functions of the Office are discharged by several Commissioners, of whom one is the Chief, and is called the First Lord. He is a member of the Cabinet and is assisted by four Sea Lords, now always selected from Officers of the Service, two Civil Lords and a Secretary.Means a court that exercises jurisdiction over all maritime contracts, torts, injuries or offences. The federal courts are so-called when exercising their admiralty jurisdiction, which is conferred by U.S. Constitution (Article III 2, Cl. 1), Black Law Dictionary, 7th Edn., p. 47.The Probate, Divorce, and Admiralty Division of the High Court of Justice was, as far as relates to Admiralty, formerly called the High Court of Admiralty, and was held before the Judge of the Admiralty, who formerly sat as deputy of the Lord High Admiral of England until that office was ...
Thames
Thames. See (English) Thames Conservancy Act, 1894 (57 & 58 Vict. c. clxxxvii.); defined in s. 3 as meaning and including:-So much of the rivers Thames and Isis respectively as are between the town of Cricklade and an imaginary straight line drawn from the entrance to Gantlet creek in the county of Kent to the City stone opposite to Canve Island in the county of Essex and so much of the river Kennet as is between the Common landing-place at Reading in the county of Berks and the river Thames and so much of the river Lee and Bow creek respectively as are below the south boundary stones in the Lee Conservancy Act, 1868, mentioned and all locks, cuts, and works within the said portions of rivers and creeks:Provided that no dock, lock, canal, or cut, existing at the passing of this Act and constructed under the authority of Parliament and belonging to any body corporate established under such authority, and no bridge over the river Thames or the river Kennet belonging to or vested in any c...
As if
As if, the expression 'as if' used in s. 58 (2) would mean and imply that the application for renewal must be made in the same manner and to same extent as an application for a fresh permit and must be processes as such, Sher Singh v. Union of India, AIR 1984 SC 200 (205). [Motor Vehicles Act (4 of 1939), s. 58 (2)]The clause 'as if' is not intended to take in cases of territories which are administered with the full knowledge that they do not belong to West Bengal and had to be transferred in due course to Pakistan, Ram Kishore v. Union of India, AIR 1966 SC 644 (648). (Constitution of India, Sch. 1 Entry 17)...
Restriction
Restriction, connotes that limitations imposed on a person for enjoyment of right should not be arbitrary or of an excessive nature beyond what is required in interest of public. Reasonableness of a restriction depends upon nature of right claimed, object to be achieved, means employed and limitations imposed, Syed Jassadduque Hussain v. Union of India, 1987 Kash LJ 760.Restriction. Under the Land Registration Act, 1925, s. 58, and rules 56 and 58, L.R. Rules, 1925, is an entry on the register, usually requiring notice to or consent by a named person before any further dealing is registered. The restriction may be limited to a special class of dealings and may have a continuous effect unlike a 'caution,' which can only operate once. Restrictions are frequently entered for the protection of settled land. Consult Fortescue-Brickdale and Stewart-Wallace on the Land Registration Act, 1925.It is reasonable to think that the makers of the Constitution considered the word 'restriction' to be ...
Subject thereto
Subject thereto, means subject to the provision immediately preceding such an expression, Colvile v. Martin, (1911) 105 LT 622.The use of expression 'subject thereto' in the commencement of the positive part of s. 58(3) cannot attribute to the previous operation of the repealed statute an overriding effect so as to deprive the authorities constituted under the repealing Act of their power to entertain appeals or revision applications, which they possess by the express enactment that the acts done or actions taken are deemed to have been done under the statute, Bishambhar Nath v. State of Uttar Pradesh, AIR 1966 SC 573 (579). [Administration of Evacuee Property Act, 1950, s. 58(3)]...
Tamashuk sarti kebala
Tamashuk sarti kebala, in law Lexicon, P. Ramanatha Iyer gives the following meanings to the word 'kebala'; 'Any deed of conveyance or transfer of right or property, any contract of bargain or sale, a bond, a bill sale, title-deeds, and the like'. Even accepting the widest meaning given to that word, the expression can only mean a bond or a contract by way of conditional sale. So trans-lated the expression is consistent with a mortgage, as well as with a sale and therefore that is a neutral circumstance, Bhoju Mandal v. Debnath Bhagat, AIR 1963 SC 1906 (1908): (1963) 2 Supp SCR 82. (Transfer of Property Act, 1882, s. 58)Words if literally translated, they would mean 'a bond by way of conditional sale', Bhoju Mondal v. Debnath Bhagat, AIR 1963 SC 1906 (1908). [Transfer of Property Act, 1882, s. 58]...
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...
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