S 72 - Law Dictionary Search Results
Home Dictionary Name: s 72Complaint
Complaint. This term is most generally used with reference to Courts of Summary Jurisdiction where proceedings are commenced 'on information,' but is also sometimes used to describe a claim in an action of a civil or quasi-civil character. See STATE-MENT OF CLAIM. As to when a 'complaint' made to a third person and not in the presence of the accused is admissible as evidence, see R. v. Osborne, (1905) 1 KB 551, and as to statements made in the presence of the accused, see R. v. Norton, (1910) 2 KB 496.Means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report. [Code of Criminal Procedure, 1973 (2 of 1974), s. 2 (d)]Means--(i) a consumer; or(ii) any voluntary consumer association registered under the Companies Act, 1956 (1 of 1956) or under any other law for the time being in force; or(iii) the Central Government or any State G...
Trust
Trust, is a comprehensive expression, as covering not only the relationship of trustee and beneficiary but also that a bailor and bailee master and servant pledger and pledgee, guardian and ward and all other relations which postulate the existence of fiduciary relationship between the complainant and the accused, State v. K.P. Jain, (1983) 2 Crimes 947 (All).Trust, is a trust for public purposes, the substances and primary intention of the creator must be seen, Shabbir Husain v. Ashiq Husain, AIR 1929 Oudh 225.Trust, is an obligation annexed to ownership. A trustee holds property 'subject' to an obligation, which the testator has imposed upon him, Mahadeo Ramchandra v. Damodar Vishwanath, AIR 1957 Bom 218: (1957) 59 Bom LR 478.Means any arrangement whereby property is transferred with intention that it be administered for another's benefit is a trust. It casts an obligation on the trustee to use the property for achieving the purpose for which the trust is created, Baba Jamuna Das Mah...
Uses
Uses (History). A use is the intention or purpose, express or implied, upon which property is to be held. The Common Law treated the actual possessor for all purposes as the owner of the property. It was not difficult to find him out, since the possession of his estate was conferred upon him by a formal and notorious ceremony, technically called livery of seisin, which was performed openly and in the presence of the people of the locality.It soon became evident that the simple rules of the Common Law were stumbling-blocks to the complicated wants of an enterprising people.Hence ingenuity was sharpened to hit upon a device which should set at nought the rigidity of existing law and formalities.A system was found by the monastic jurists upon a model furnished by the Civil Law, which, by a nice adaptation, evaded, without overturning, the Common Law. Two methods of transferring realty began to co-exist in this country-the ancient Common Law system, and the later invention, which is denomi...
Joint-tenancy
Joint-tenancy. This tenancy is created where the same interest in real or personal property is, by the act of the party, passed by the same matter of conveyance or claim in solido, and not as merchan-dise, or for purposes of speculation, to two or more persons in the same right, either simply, or by construction or operation of law jointly, with a jus accrescendi, that is, a gradual concentration of property from more to fewer, by the accession of the part of him or them that die to the survivors or survivor, till it passes to a single hand, and the joint-tenancy ceases.Anciently, joint-tenancy was favoured because it did not induce fractions of estates, and returning to early principles the (English) Land Legislation of 1925 has employed the tenure generally as the machinery by which legal estate may in such cases always be in some person, called the estate owner, who is competent to give a title to the whole estate without the concurrence of other parties. that legal estate has been ...
Food
Food, Pan masala, gutka are held to be food within the meaning of s. 2(v) of Prevention of Food Adulteration Act, 1954, Godawal Pan Masala Products Ltd. v. Union of India, (2004) 7 SCC 68 (101): AIR 2004 SC 4057.Food. In the Sale of Food and Drugs Act (see ADULTERATION) the word includes 'every article used for food or drink by man, other than drugs or water and any article which ordinarily enters into or is used in the composition or preparation of human food,' and also 'flavouring matters and condiments.'-(English) Sale of Food and Drugs Act, 1899 (62 & 63 Vict. c. 51), s. 26; (English) Public Health Act, 1925 (15 & 16 Geo. 5, c. 71), s. 72; and Food and Drugs (Adulteration) Act, 1928 (18 & 19 Geo. 5, c. 31), s. 34. For power to make regulations as to the importation of good, see AGRICULTURAL PRODUCE; AGRICULTURAL MARKETING; (English) Public Health (Regulations as to Food) Act, 1907 (7 Edw. 7, c. 32). See generally, ADULTERATION, also (English) Sale of Food and Drugs Act, 1927.Means ...
Idiot
Idiot. An idiot is a person born without a mind. For Coke's classification of persons of unsound mind, see Co. Litt. 247 a.Idiots, imbeciles, feeble-minded persons, and moral defectives constitute the four kinds of persons define as 'mentally defective' by the (English) Mental Deficiency Act, 1927 (17 & 18 Geo. 5, c. 33), s. 1, idiots being defined (s. 1 (a) as 'persons in whose case there exists mental defectiveness of such a degree that they are unable to guard themselves against common physical dangers.' The (English) M.D. Act, 1913, as amended by the Act of 1927, provides (s. 2) for defectives being dealt with either by being sent to an institution or placed under guardianship. The general superintendence of matters relating to their supervision, training or occupation, protection, and control is vested in a central body styled 'the Board of Control' (ss. 21 et seq.), and County Councils and Borough Councils are constituted committees for the purposes of the Act (ss. 27 et seq.). T...
Glass
Glass. By the (English) Larceny Act, 1916 (6 & 7 Geo. 5, c. 50), s. 81(1), every person who steals or with intent to steal breaks any glass belonging to any building, shall be guilty of a felony punishable as in the case of simple larceny.By (English) Carriers Act, 1830 (11 Geo. 4 and 1 Will. 4, c. 68), s. 1, a carrier is not liable for loss or damage above 10l. unless such glass has been declared and an increased charge accepted.As to deposit in streets and the power of making byelaws to prevent such a nuisance, see (English) Highways Act, 1835 (5 & 6 Will. 4, c. 50), s. 72; (English) Public Health (London) Act, 1891 (54 & 55 Vict. c. 76), s. 16; Public Health Act, 1875 (38 & 39Vict. c. 55), s. 171; (English) Town Police Clauses Act, 1847 (10 & 11 Vict. c. 89), s. 28. (English) Under Factories and Workshops Act, 1901 (1 Edw. 7, c. 22), 'Glass works' is a non-textile factory; see ss. 40, 78, regarding meals and meal-times in such works; as to night employment of persons of fourteen and...
Venue
Venue [fr. visne, vicinetum, visnetum, Lat.], the place whence a jury are to come for trial of causes. See Co. Litt. 125 a, and Hargrave's note (2).Local actions must, before the Jud. Act, have been brought in the county in which the cause of action arose; but transitory actions in any county at the plaintiff's option; and no venue could be changed without a special order of the Court or a judge, unless by consent of the parties, R.H.T. 1853, r. 18.It is, however, provided by (English) R.S.C. 1883, Ord. XXXVI., r. 10, that there shall be no local venue for the trial of any action, except where otherwise provided by statute, but in every action in every Division the place of trial shall be fixed by the Court or a judge; and r. 1, the order made on the summons for directions, fixes the place of trial, but this can be subsequently altered for sufficient cause.Very numerous statutes have from time to time provided that any actions for anything done in pursuance of them should be brought in...
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 ...
Fare
Fare, a voyage or passage by water; also the money paid for a passage either by land or by water.Railway fares must be published at stations, by the (English) Regulation of Railways Act, 1868 (31 & 32 Vict. c. 119), s. 16. Travelling without prepayment and with intent to avoid payment is punishable by fine up to 40s., and on second or subsequent offence either by fine up to 20l. or in the discretion of the Court by imprisonment up to one month on summary conviction, by the Regulation of Railways Act, 1889, superseding but not repealing s. 103 of the (English) Railways Clauses Consolidation Act, 1845 (8 & 9 Vict. c. 20).Tramway fares must be published inside and outside each of the carriages used, and avoiding payment of them is punishable by fine up to 40s. with liability to arrest.As to fares on public service vehicles, see (English) Traffic Acts, 1930, s. 72, and 1934, s. 40.Means the charge levied for the carriage of passengers. [Railways Act, 1989 (24 of 1989), s. 2 (14)]Means the ...
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