S 90 - Law Dictionary Search Results
Home Dictionary Name: s 90 Page 1 of about 10,565 results (0.009 seconds)Inquisition
Inquisition, inquiry, inquest; the finding of a tribunal charged to inquire. The three best known inquisitions are:-1. A coroner's inquisition, which is [see (English) Coroners Act,1887, s. 4, sub-s. 3] a certificate of the verdict of the jury, 'setting forth, so far as such particulars have been proved to them, who the deceased was, and how, when, and where the deceased came by his death; and if he came by his death by murder or manslaughter, the persons, if any, whom the jury find to have been guilty of such murder or manslaughter, or of being accessories before the fact to such murder.' The inquisition must be signed by the jurors. A form is given in the Third Schedule of the (English) Coroners Rules, 1927 (S.R. & O. 1927, No. 344/L. 13). See also CORONER.2. Inquisition as to lunacy, which is an inquiry directed by the judge in lunacy, as to whether a person is of unsound mind and incapable of managing his affairs. It is held before a jury, if the person alleged to be of unsound min...
Particulars
Particulars. The courts have a general jurisdiction, independently of statute, to order a detailed statement of the demand in any litigation, or of any defence, to be given that surprise may be avoided, and substantial justice promoted, 2 Chit. Arch. Prac. The necessity for application for particulars has become less frequent since the Judicature Acts, as the Rules of Court under those Acts have substituted a statement of claim containing the material facts on which the plaintiff relied for the declaration under the old practice, which only contained a legal statement of the plaintiff's cause of action.It is provided, however by (English) R.S.C., Ord. XIX, R. 7, that:-A further and better statement of the nature of the claim or defence, or further and better particulars of any matter stated in any pleading, notice, or written proceeding requiring particulars, may in all cases be ordered, upon such terms, as to costs and otherwise, as may be just;and see the Index to the Annual Practice...
Royal Arms
Royal Arms. There are two statutory provisions relating to the unauthorized use of the Royal Arms, namely, s. 68 of the Trade Marks Act, 1905 (see TRADE MARKS), which is as follows:-68. --If any person, without the authority of His Majesty, uses in connexion with any trade, business, calling, or profession, the Royal Arms (or arms so closely resembling the same as to be calculated to deceive) in such manner as to be calculated to lead to the belief that he is duly authorized so to use the Royal Arms, or if any person without the authority of His Majesty or of a member of the Royal Family, uses in connexion with any trade, business, calling, or profession any device, emblem, or title in such manner as to be calculated to lead to the belief that he is employed by or supplies goods to His Majesty or such member of the Royal Family, he may, at the suit of any person who is authorized to use such arms or such device, emblem, or title, or is authorized by the Lord Chamberlain to take proceed...
Company
Company [fr. compagnia, Ital., which word is still printed on Bank of England notes as 'compa'], a body of persons associated for purposes of busi-ness, sometimes, but not now so frequently as some years ago, styled a Joint Stock Company.A company has its origin either (1) in a charter, as the Bank of England and many insurance companies; or (2) in a special Act of Parliament, with which, as authorizing an undertaking of a public nature such as a railway, the Companies Clauses Consolidation Act, 1845 (8 & 9 Vict. c. 16), is necessarily incorporated; or (3) in registration under the Companies Acts, 1862 and subsequent Acts, now consolidated into the (English) Companies Act, 1925 (19 & 20 Geo. 5, c. 23).By s. 13 of the Act of 1925 (1) on the registration of the memorandum of a company the registrar shall certify under his hand that the company is incorporated and, in the case of a limited company, that the company is limited. (2) From the date of incorporation mentioned in the certificat...
County Courts
County Courts. The old County Court was a tribunal inident to the jurisdiction of a sheriff, but was not a Court of Record. Proceedings were removable into a superior court by recordari facias loquelam, or writ of false judgment. Outlawries ofabsconding offenders were here proclaimed.Far more important inferior tribunals have now been established throughout England. They were first established in 1846 by 9 & 10 Vict. c. 95, 'the Act for the more easy recovery of Small Debts and Demands in England,' repealed and re-enacted with fourteen amending Acts by the consolidating and amending (English) County Courts Act, 1888 (51 & 52 Vict. c. 43), an Act very materially but very shortly amended by the (English) County Courts Act, 1903 (3 Dew. 7, c. 42), which came into operation on the 1st January, 1905, and raised the common law jurisdiction from 50l. (to which amount it had been raised by an Act of 1850 from the original 20l. under the Act of 1846) to 100l. The number of jurors was also raise...
Counter-claim
Counter-claim, the word 'counter-claim' in s. 19(8) to (11) which is equated to a cross-suit, includes a claim if it is made in an independent suit filed earlier, Union of India, v. Abhijit Tea Co. (P.) Ltd., (2000) 7 SCC 357: AIR 2000 SC 2957 (2965). [Recovery of Debts due to Bank and Financial Institutions Act, 1993, s. 19(8) to (ii)]By (English) R.S.C. 1883, Ord. XIX., r. 3, under the (English) Judciature Act, 1873, s. 24 (3); replaced by the (English) Judicature Act, 1925, s. 39 (1) (a), subject to the provisions of Rule 15, Order XXI, (exclusion of counter-claim), a defendant in an action may set off, or set up by way of counterclaim, against the claims of the plaintiff, any right or claim, whether such set-off or counter-claim sound in damages or not, and such set-off or counterclaim shall have the same effect as across action, so as to enable the Court to pronounce a final judgment in the same action, both on the original and on the cross claim. (As amended by (English) R.S.C. N...
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...
De lunatico inquirendo, writ
De lunatico inquirendo, writ, a process formerly issued to inquire into the condition of a person's mind. Those judges [see (English) Jud. Act, 1873, s. 17; Jud. Act, 1875, s. 7] to whom, by special authority from the sovereign, the custody of idiots and lunatics is entrusted may, upon petition or information, grant a commission in the nature of a writ de lunatico inquirendo (which is analogous to the obsolete de idiota inquirendo), to inquire into the party's state of mind. If the party be found non compos, the care of his person, with a suitable allowance for his maintenance, is usually committed to one of his relations or friends, then called his committee.The proceedings are by way of petition to the Judge in Lunacy under s. 90 of the (English) Lunacy Act, 1890, who either may direct an inquisition with or without a jury, or that an issue be tried before a judge of the High Court or refer the matter to the Master in Lunacy with a view to the appointment of a receiver. Applications ...
Lodger
Lodger, a tenant, with the right of exclusive possession, of a part of a house called lodgings, the landlord, by himself or an agent, retaining general dominion over the house itself.Lodgings may be let in the same manner as lands and tenements; in general, however, they are let either by agreement in writing or verbally. An executory verbal agreement may be void by the (English) Law of Property Act, 1925, s. 40; and see Edgev Strafford, (1831) 1 C. & J. 391, as being a contract in relation to land, and a written agreement is often desirable to avoid dispute.Lodgers in rooms which have been let as a separate dwelling to them, unfurnished, may be tenants of a dwelling-house for the purpose of the (English) Rent Restrictions Acts, 1920, 1935, and if that dwelling or the house of which the rooms form parties not decontrolled, their tenancy is within those Acts (see INCREASEOF RENT). As to rent-books generally, in small houses, see (English) Housing Act, 1936, s. 4, and Part IV of that Act...
Foreign company
Foreign company. Every Company incorporated outside the United Kingdom, which has a place of business in the United Kingdom, has to comply with certain regulations laid down by Part XI., ss. 343-352 of the Companies Act, 1929. The regulations relate, inter alia, to the registration with the registrar of companies of a copy or translation of the instrument and regulations constituting the company, a list of directors with the statutory particulars and the names and addresses of one or more residents in Great Britain for service of notices and process on the company, and other important provisions. Companies incorporated in a British possession are empowered to hold land in the United Kingdom without prejudice to their powers by virtue of registration in Northern Ireland (s. 345). Special regulations are made for companies incorporated in the Channel Islands and the Isle of Man (s. 343).The general provisions of the Companies Act, 1929, relating to charges on property in England and on p...
- << Prev.
- Next >>