S 83 - Law Dictionary Search Results
Home Dictionary Name: s 83Material facts and material particulars
Material facts and material particulars, all those facts which are essential to clothe the petitioner with a complete cause of action, are 'material facts' which must be pleaded, and failure to plead even a single material fact amounts to disobedience of the mandate of s. 83(1)(a) of Representation of the People Act. 'Particulars', on the other hand, are 'the details of the case set up by the party'. 'Material particulars' within contemplation of cl. (b) of s. 83(1) of RPA, 1951 would therefore mean all the details which are necessary to amplify, refine and embellish the material facts already pleaded in the petition in compliance with the requirements of cl. (a), Shri Udhav Singh v. Madhav Rao Scindia, AIR 1976 SC 744: (1977) 1 SCC 511: (1976) 2 SCR 246.Distinction between 'material facts' and 'particulars'. The word 'material' in material facts under s. 83 of the Act means facts necessary for the purpose of formulating a complete cause of action; and if any one 'material' fact is omi...
Fire
Fire. No action for damages lies against any person in whose house, etc., a fire shall accidentally begin: Fires Prevention (Metropolis) Act, 1774 (14 Geo. 3, c. 78), s. 86, which s. and s. 83 are the only unrepealed sections of the Act.To discharge or dismiss a person from employment; to terminate as employee. Black's Law Dictionary, 7th Edn.Fire Engines.--The maintenance of fire engines in urban sanitary districts is provided for by the Public Health Act, 1875, s. 171, which incorporates ss. 30-33 of the (English) Town Police Clauses Act, 1847, in the (English) Metropolis by the Fire Brigade Act, 1865, and in parishes by the (English) Parish Fire Engines Act, 1898 (61 & 62 Vict. c. 38), and the Acts therein recited.By s. 90 of the (English) Public Health Amendment Act, 1907, local authorities can agree for the common use of fire engines and appliances; ss. 87-89 of the same Act give the police certain powers of breaking into premises and regulating traffic upon the out break of a fir...
Appellate Board
Appellate Board, means the Appellate Board established under s. 83, Trade Marks Act, 1999 (47 of 1999), s. 2(a).Means the Appellate Board established under s. 83 of the Trade Marks Act, 1999 (48 of 1999), s. 2(a).Means Appellate Board established under s. 32, Semiconductor Integrated Circuits Layout-Design Act, 2000 (37 of 2000), s. 2(a)....
Tobacco
Tobacco. The growth of tobacco was formerly prohibited in any part of the United Kingdom, and any person growing it was liable to a penalty of 10l. for every rood grown, recoverable by penal action. See 12 Car. 2, c. 34 (the preamble of which shows the origin of the prohibition to have been the protection and maintenance of the colonies and plantations in America, and of the commerce of this country with them); 15 Car. 2, c. 7; and the (English) Tobacco Cultivation Act, 1831 (1 & 2 Wm. 4, c. 13). As to Ireland the Irish Tobacco Act, 1907 (7 Edw. 7, c. 3), largely removed the restrictions as to growth, etc., and similar provision is now made for Scotland and England by the Finance (1909-10) Act, 1910, which repeals the two Acts of Charles II. and the Act of 1831, and by s. 83 (5) entirely removes all prohibition or restraint on the growth, making, or curing of tobacco in England and Scotland, and to the same time imposes [s. 83 (2)] an excise duty of 5s. for a licence to grow, cultivate...
By-laws, or bye-laws
By-laws, or bye-laws [fr. bilagines, from by, Sax., pagus, civitas, and lagen, lex, Spelm.], the laws, regulations, and constitutions of corporations, for the government of their members. See per Lord Russell, C.J., in Kruse v. Johnson, (1898) 2 QB 91. They are binding, unless contrary to law, or unreasonable, and against the common benefit, and then they are void.No trading company is allowed to make by-laws which may affect the crown, or the common profit of the people under penalty of 40l., unless they be approved by the chancellor, treasurer, and chief justices, or the judges of assize, 19 Hen. 7, c. 7.County Councils and Borough Councils under Local Government Act, 1933 (23 & 24 Geo. 5, c. 51) (English) s. 249; may make by-laws for the good rule and government of the whole or any part of the county or borough, as the case may be, and for the prevention and suppression of nuisances; Provided that by-laws made under this section by a County Council shall not have effect in any borou...
Sewer
Sewer, a trench or channel through which water or sewage flows.The Court of Commissioners of Sewers is a temporary tribunal, erected by commission under the Great Seal, which used to be granted pro re nata at the pleasure of the Crown, and later at the discretion of the Lord Chancellor, Lord Treasurer, and Chief Justices, pursuant to the Statute of Sewers (23 Hen. 8, c. 5). Their jurisdiction is to overlook the repairs of the banks and walls of the sea-coast and navigable rivers; or, with consent of a certain proportion of the owners and occupiers, to make new ones, and to cleanse such rivers, and the streams communicating therewith, and is confined to such county or particular district as the commission shall name. They are a Court of record, and may proceed b jury, or upon their own view, and may make orders for the removal of annoyances, or the conservation of the sewers within their commission according to the customs of Romney Marsh, or otherwise. They may also assess necessary ra...
Clerk of the peace
Clerk of the peace. His duties are to officiate at sessions of the peace, to prepare indictments, and to record the proceedings of the justices, and to perform a number of special duties in connection with the affairs of the county. He is also clerk of the county council, by virtue of s. 83 of the (English) Local Government Act, 1888 (applying to London). The offices are separated by (English) Local Government (Clerks) Act, 1931 (21 & 22 Geo. 5, c. 45), s. 1, but by s. 2 usually the same person will be appointed to both. See also (English) Local Government Act, 1933 (23 & 24 Geo. 5, c. 51), s. 101; London County Council General Powers Act, 1930 (c. clix.), ss. 26-28.Removal is regulated by 1 Wm. & M. c. 21, and (English) Local Government Clerks Act, 1931 (21 & 22 Geo. 5, c. 45), ss. 2, 3, 4.As to appointment, etc., in a quarter sessions borough, see (English) Municipal Corporations Act, 1882, s. 164....
Void
Void, 'the erosion of the distinction between juris-dictional errors and non-jurisdictional errors has, correspondingly eroded the distinction between void and voidable decision. The courts have become increasingly impatient with the distinction, to the extent that (1) All official decisions are presumed to be valid until set aside or otherwise held to be invalid by a court of competent jurisdiction', Judicial Review of Administrative Action, De Smith, Woolf and Jowell, 1995 Edn., p. 259-60.Void, denotes 'if an act or decision, or an order or other instrument is invalid, it should, in principal be null and void for all purposes; and it has been said that there are no degrees of nullity. Even though such an act is wrong and lacking in jurisdiction, however, it subsists and remains fullyeffective unless and until it is set aside by a court of competent jurisdiction. Until its validity is challenged, its legality is preserved', Halsbury's Laws of England, 4th Edn., (Re-issue), Vol. 1(1), ...
Habeas corpus testificandum
Habeas corpus testificandum (that you have the body to testify), a writ to bring a witness into Court, when he is in custody at the time of a trial. A Secretary of State or a judge of the High Court or of a county Court has power, on a proper application being made to him, to issue a warrant or order to bring up as a witness in any civil or criminal proceeding any prisoner in custody on a criminal charge; see (English) Criminal Procedure Act, 1853 (16 & 17 Vict. C. 30), s. 9; (English) County Courts Act, 1888, s. 112 (see, now, 1934 Act, s. 83); Graham v. Glover, (1855) 5 E. & B. 591; (English) Crown Office Rules, 1906, rr. 228-230; Prisons Act, 1898, s. 11....
Promissory Note
Promissory Note, defined in the Bills of Exchange Act, 1882, s. 83, as 'an unconditional promise in writing, made by one person to another, signed, by the maker, engaging to pay on demand, or at a fixed or determinable future time, a sum certain in money to or to the order of a specified person or to bearer.' The note can require payment at a particular place, Josolyne v. Roberts, (1908) 2 KB 349. The person who makes the note is called the 'maker,' and the person to whom it is payable is called the 'payee': when it is negotiated by the indorsement of the payee, he is called the 'indorser,' and the person to whom the note is transferred is called the 'indorsee,' The Bills of Exchange Act, 1882, codifies the law relating to promissory notes, and by s. 89 of that Act all the provisions of the Act (with few exceptions) which relate to bills of exchange relate also to promissory notes. See BILL OF EXCHANGE.Means a promissory note as defined by the Negotiable Instrument Act, 1881. [Indian S...
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