S 65 - Law Dictionary Search Results
Home Dictionary Name: s 65 Page: 2Remitter of actions to County Court
Remitter of actions to County Court. See (English) County Courts Act, 1934 (24 & 25 Geo.5, c. 53), s. 45, which replaces the County Courts Act, 1919, s. 1, which took the place of the County Courts Act, 1888, s. 65. The High Court may remit to the County Court any action brought in the High Court where (1) the plaintiff's claim is founded either on contract or tort and the amount claimed or remaining in dispute does not exceed 100l., whether the counterclaim (if any) exceeds or does not exceed 100l.; or (2) the only matter remaining in dispute is a counterclaim, founded on contract or tort, not exceeding 100l; or (3) by s. 50, the plaintiff'' claim is for recovery of land, with or without a claim for rent or mesne profits, by a landlord against a tenant (or some one claiming by, through, or under him), whose term has expired or been determined or has become liable to forfeiture for non-payment of rent, and the action could have been brought in the County Court. S. 46 provides for the r...
Insurer
Insurer. The person assuring against loss.The word 'insurer' in s. 2D of the Insurance Act, 1938 means a person who was carrying on the business of insurance but has closed it, Vanguard Fire and General Insurance Co. Ltd. v. Fraser and Ross AIR 1960 SC 971; see also (1973) 1 SCC 310: (1960) 3 SCR 857. [Insurance Act, 1938, s. 2D; 339 (9)]Insurer means an insurer as defined in the Insur-ance Act who carries on life insurance business in India and includes the government and a provi-dent society as defined in s. 65 of the Insurance Act. [Life Insurance Corporation Act, 1956 (31 of 1956), s. 2(6)]...
Non performance
Non performance, defined (Easements Act, s. 6) neglect or failure to perform [s. 65(d), T.P. Act]...
Railway receipt
Railway receipt, a 'railway receipt' is a document of title to goods, and, for all purposes, represents the goods. When the railway receipt is handed over to the consignee on payment, the property in the goods is transferred, Commissioner of Income Tax v. Bhopal Textiles Ltd., AIR 1961 SC 426: (1961) 2 SCR 9.Means the receipt issued under s. 65. [Railways Act, 1989 (24 of 1989), s. 2 (33)]...
Special traverse
Special traverse, a form of pleading, abolished by C.L.P. Act, 1852, s. 65....
Absque hoc
Absque hoc [Lat.], (without this), technical words of exception which were made use of in a special traverse; as, the defendant pleads that such a thing was done at B., etc., without this (absque hoc), that it was done at, etc., 1 Saund. 22: abolished, C. L. P. Act, 1852, s. 65....
Lost document
Lost document. The ordinary rule is that a document is proved by the production of the original, but on proof that a document has been destroyed, or cannot be found after a proper search made, it may be proved by the 'secondary evidence' of a copy or by oral evidence of its contents. See Powell on Evidence; and as to the case of a lost will, see Woodward v. Goulstone, (1886) 11 App Cas 469. (Indian Evidence Act, 1872, s. 65)....
Married women's property
Married women's property, At Common Law, a woman, by marrying, transferred the ownership of all her property, real and personal, present and future, to her husband absolutely, so that he might sell, pay his debts out of, give away, or dispose by will of it as he pleased, with these exceptions and modifications:-1) Her freehold estate became his to manage and take the profits of during the joint lives only. After his death, leaving her surviving, it passed to her absolutely; after her death, leaving him surviving, provided that it was an estate in possession and issue who could in her it had been born during the marriage, it passed to him as 'tenant by the curtesy (q.v.) of England,' during his life, and after his death to her heir-at-law.(2) Her leasehold estate, her personal estate in expectancy, and the debts owing to her and other 'choses in action,' became his absolutely if he did some act to appropriate or reduce them into possession during the marriage, or if he survived her. If ...
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...
King's Bench
King's Bench. The Court of King's or Queen's bench (so called because the King used formerly to sit there in person (though the judges determined the causes), the style of the Court still being coram ipso rege, or coram ipsa regina) was a Court of record, and the Supreme Court of Common Law in the kingdom, consisting of a chief justice and four puisne justices, who were by their office the sovereign conservators of the peace and supreme coroners of the land.This court, which was the remnant of the aula regia, was not, nor could be, from the very nature and constitution of it, fixed to any certain place, but might follow the King's person wherever he went, for which reason all process issuing out of this Court in the King's name was returnable 'ubicunque fuerimus in Anglia.' For some centuries, and until the opening of the Royal Courts, the court usually sat at Westminster, being an ancient palace of the Crown, but might remove with the King as he thought proper to command.The jurisdict...
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