S 70 - Law Dictionary Search Results
Home Dictionary Name: s 70King's Counsel
King's Counsel, barristers appointed counsel to the Crown, and called within the Bar. They answer in some measure to the advocates of the revenue, advocati fisci, among the Romans. They must not be employed against the Crown without special licence, which is not refused unless the Crown desires to be represented by the individual in the case. Each King's Counsel had a small salary, but it is not so now. Under 13 & 14 Vict. c. 25 (repealed by (English) Stat. Law Rev. Act, 1875), they might act as judges of assize when named in the commission, and may, and often do, act as such judges, as being 'persons usually named in the commission' under s. 29 of the (English) Jud. Act, 1873, and being expressly authorised so to be named by s. 37 of that Act. See now (English) Judicature Act, 1925, s. 70; see ADVOCATES, FACULTY OF....
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...
Assize, or assise
Assize, or assise [fr. assideo, Lat., to sit together; whence assire, O. Fr., to set, assis, set, seated, sealed], anciently a statute or ordinance, e.g., Assize of Clarendon; also a jury, who sit together for the purpose of trying a cause, or rather a Court of jurisdiction which summons jury by a commission of assize to take the assizes. Hence the judicial assemblies, held by the king's commission in every county as well to take indictments as to try causes at Nisi Prius, are commonly termed the assizes. There are two commissions. (I.) General, which is issued twice a year to the judges being usually assigned to every circuit. See CIRCUITS. The judges have four several commissions: (1) of oyer and terminer, directed to them and many other gentlemen of the county, by which they are empowered to try treasons, felonies, etc. This is the largest commission. (2) Of gaol delivery, directed to the judges and the clerk of assize or associate, empowering them to try every prisoner in the gaol ...
Restoration
Restoration, Restoration under s. 70 of the Indian Contract Act means that the defendant would have to restore the goods to the plaintiff by delivering the same to the plaintiff. As long as there is intimation by the defendant to the plaintiff that the plaintiff can take back the goods the defendant evinces intention of restoration, Union of India v. Sita Ram Jaiswal, AIR 1977 SC 329 (331): (1976) 4 SCC 505. (Contract Act, 1872, s. 70)...
Lawfully
Lawfully, means more than merely not unlawfully; rather it should be understood to connote the requirement for some positive legal underpinning, Taikato v. Queen, (1996) 186 CLR 454.The word 'lawfully' in the context indicates is that after something is delivered or something is done by one person for another and that thing is accepted and enjoyed by the latter, a lawful relationship is born between the two which under the provisions of section 70 gives rise to a claim for compensation, State of W.B. v. B.K. Mondal, AIR 1962 SC 779 (788): (1962) 1 Supp SCR 876. [Contract Act, 1872, s. 70]...
Apportionment
Apportionment, a division of a whole into parts (usually unequal) proportioned to the rights of more claimants than one. It is either (1) Apportionment in respect of time, or (2) Apportionment in respect of estate.Apportionment in respect of Time.--At Common Law there is no apportionment in respect of time. when a successor in interest succeeds just before a rent or other periodical payment falls due, he takes, at Common Law, the whole, and the executors of his predecessor take nothing (Clun's Case, 1Rep. 127). This was remedied by 11 Geo. 2, c. 19, s. 25, which apportioned rent between the representatives of a deceased tenant for life, and the person succeeding in remainder, and by 4 & 5 Wm. 4, c. 22, passed to obviate doubts which had arisen upon the earlier Act.The (English) 'Apportionment Act, 1870' (33 & 34 Vict. c. 35) now provides (but without repealing the above Acts) that all rents, annuities, and dividends, and other periodical payments in the nature of income shall, like int...
Landlord
Landlord, he of whom land or tenements are holden; who has a right to distrain for rent in arrear, etc., Co. Litt. 57. See Foa or Woodfall on Landlord and Tenant, and also the (English) Rent and Mortgage Interest Restrictions Act, 1920 (10 & 11 Geo. 5, c. 17), s. 70.Includes the person who is receiving or is entitled to receive the rent of a building, whether on his own account or on behalf of another or on behalf of himself and others or as an agent, trustee, executor, administrator, receiver or guardian or who would so receive the rent or be entitled to receive the rent, Raval and Co. v. K.G. Ramachandran, AIR 1974 SC 818: (1974) 1 SCC 424: (1974) 2 SCR 629.Mean a person who is the owner of the building and who has a right to remain in occupation and actual possession of the building to the exclusion of everyone else. It is such a person who can seek to evict the tenant on the ground that he requires possession in good faith for his own occupation, M.M. Quasim v. Manohar Lal Sharma, ...
Payment of Money into Court
Payment of Money into Court, i.e., the deposit of money with the official of or banker to the Court for the purpose of proceedings commenced in that Court. Payment into Court is not strictly a defence; it is rather an attempt at a compromise. No such plea was known to the Common Law; it is entirely the creature of Statute (Odgers on Pleading). By the (English) C.L.P. Act, 1852, s. 70, the defendant in all actions (except for assault and battery false imprisonment, libel, slander, malicious arrest or prosecution or seduction) might pay into Court a sum of money by way of compensation or amends, and by the Libel Act, 1843, money might be paid into Court in actions of libel, but this provision was repealed by the (English) Statute Law Revision Act, 1879.Payment into court is now regulated by (English) R.S.C. 1883, Ord. XXII, by which, where any action is brought to recover a debt or damages, any defendant may, before or at the time of delivering his defence, or by leave of the Court or a ...
Sittings
Sittings. By the Judicature Act, 1873, s. 26, the division of the legal year into terms is abolished, and sittings are substituted for it. See now (English) R.S.C. 1883, Ord. LXIII.The sittings of the Court of Appeal and High Court of Justice in London and Middlesex are four in every year, viz., the Michaelmas sittings, the Hilary sittings, the Easter sittings, and the Trinity sittings. The Michaelmas sittings commence on the day appointed by Order in Council (Long Vacation Order, 1935, 12th October; Long Vacation Order, 1936, 12th October), and terminate on the 21st of December; the Hilary sittings commence on the 11th of January and terminate on the Wednesday before Easter; the Easter sittings commence on the Tuesday after Easter week and terminate on the Friday before Whit-Sunday; and the Trinity sittings commence on the Tuesday after Whitsun-week and terminate on the 31st of July (R.S.C. 1883, Ord. LXIII).It is also provided by the (English) Judicature Act, 1925, s. 52 (replacing t...
Affiliation
Affiliation, includes in relation to a college, recognition of such college by association of such college with, and admission of such college to the privileges of, a scheduled university. [National Commission for Minority Education Institutions Act, 2004 (2 of 2005), s. 2(a)]Affiliation, together with its grammatical variations, includes in relation to a college, recognition of such college by, association of such college with, and admission of such college to the privileges of, a Scheduled University [The National Commission for Minorities Educational Institutions Act, 2004, s. 2(a)]--the fixing any one with the paternity of a bastard child and the obligation to maintain it. The process is regulated by the (English) Bastardy Acts, 1845, 1872, and 1873 (8 & 9 Vict. c. 10, 35 & 36 Vict. c. 65, and 36 Vict. c. 9), and the (English) Poor Law Amendment Act, 1844 (7 & 8 Vict. c. 101), ss. 4-8, Chitty's Statutes, tit. 'Bastardy.' The law has been further amended by the (English) Affiliation...
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