Sanction And Direction - Law Dictionary Search Results
Home Dictionary Name: sanction and directionSanction and direction
Sanction and direction, an application of the mind is necessary, but there is this essential difference that in the one case there is a legal impediment to the prosecution if there be no sanction, and in the other case, there is a positive order that the prosecution should be launched. For a sanction, all that is necessary for one to be satisfied about is the existence of a prima facie case. In the case of a direction, a further element that the accused deserves to be prosecuted is involved, Rameshwar Bhartia v. State of Assam, AIR 1952 SC 405....
A vinculo matrimonii
A vinculo matrimonii. (From the bond of wedlock). It was a total divorce obtained from the Ecclesiastical Court on some canonical impediment existing before marriage and not arising afterwards, for the marriage was declared void, as having been absolutely unlawful ab initio, and the parties were therefore separated pro salute animarum (for the safety of their souls), the issue (if any) were illegitimate, and the parties could contract another marriage. This maxim directs the construction to be put upon Acts of Parliament, against the express letter of which the Courts will not sanction any interpretation, for the meaning of the Legislature cannot be so well explained as by its own direct words, since index animi sermo (language conveys the intention of the mind), and maledicta expositio qu' corrumpit textum (an exposition which corrupts the text is bad). [4 Rep. 35; Sussex Peerage Case, (1844) 11 Cl & F 143.]This maxim directs the construction to be put upon Acts of Parliament, against...
Law
Law [fr. lage, lagea, or lah, Sax.; loi, Fr.; legge, Ital.; lex, fr. ligo, Lat., to bind], a rule of action to which men are obliged to make their conduct conformable. A command, enforced by some sanction, to acts or forbearances of a class: see Austin's Jurisprudence; 1 Bl. Com. 38. A principle of conduct may be observed habitually by an individual or a class. When sufficiently formulated or defined to be observed uniformly by the whole of a class it may become a custom; or it may be imposed on all individuals who consent or are unable to resist its application and the sanction or penalty which is imposed for non-compliance, and in that case it becomes a law. If, in addition, the law and its sanction are imposed by, or by authority of a sovereign, the law becomes 'positive' (see Austin's Jurisprudence). Short of positive law the principle may be called a moral or social law. Generally speaking, jurisprudence is concerned only with positive law, and law in its ordinary legal sense mean...
Liquidator
Liquidator. A person appointed to conduct the winding-up of a company under the (English) Companies Act, 1929. Liquidators are of three kinds:--(1) Appointed by the court in a winding-up by the Court. pending appointment the Official Receiver in Bankruptcy is to act as Official Receiver and Liquidator in the winding-up (s. 185). By s. 186, in England, liquidators other than the Official Receiver must provide security to the satisfaction of the Board of Trade. His duties comprise the collection of the company's property, and this property or any part of it may vest in him on his application. He may bring or defend actions relating to that property in his own official name (s. 190). Powers which he may exercise subject to the sanction of the court or a Committee of Inspection are setout in s. 191(1); sub-s. (2) of that section gives a list of powers for which such sanction is not required. The duties of a liquidator are to collect, administer, and distribute the assets, having regard to ...
contempt
contempt 1 : willful disobedience or open disrespect of the orders, authority, or dignity of a court or judge acting in a judicial capacity by disruptive language or conduct or by failure to obey the court's orders ;also : the offense of contempt called also contempt of court civil contempt : contempt that consists of disobedience to a court order in favor of the opposing party NOTE: The sanctions for civil contempt end upon compliance with the order. constructive contempt : indirect contempt in this entry criminal contempt : contempt consisting of conduct that disrupts or opposes the proceedings or power of the court NOTE: The sanctions for criminal contempt are designed to punish as well as to coerce compliance. direct contempt : contempt committed in the presence of the court or in a location close enough to disrupt the court's proceedings in·di·rect contempt : contempt (as disobedience of a court order) that occurs outside of the presence of the court 2 : wi...
Clarendon, constitutions of, assize of
Clarendon, constitutions of, assize of. At a great council held at Clarendon, in Wiltshire, A.D. 1164, in the tenth year of the reign of Henry II., a code of laws was brought forward by the king, under the title of the ancient customs of the realm and known as the 'Constitutions of Clarendon'; and as Becket had solemnly promised he would observe what were really such, the king procured the principal propositions in dispute to be enacted, and declared by the council under that denomination. The main provisions of them were that clergy charged with crimes were to be tried in the civil courts, and that a justice of the king should be present in the king's courts; that no prelate was to quit the realm without the king's permission; that prelates were to be subject to feudal burdens; that the king was to hold all vacant benefices and receive their revenues till the vacancies were filled; and that goods forfeited to the Crown were not to be protected by sanctuary.As in the Constitutions of C...
liability
liability pl: -ties 1 : the quality or state of being liable 2 : something for which one is liable: as a : a financial obligation : debt [tax ] [the bonds are liabilities] compare asset contingent liability : an amount that may or may not be owed depending on the outcome of a contingency (as a cosigner's default on a loan) fixed liability : a liability (as a bond or mortgage) that does not mature for at least one year from the date incurred or from a given date b : accountability and responsibility to another enforceable by civil remedies or criminal sanctions [ for injuries caused by their product] absolute liability : strict liability in this entry alternative liability : joint liability imposed on multiple tortfeasors when there are simultaneous tortious acts (as defective manufacture of parts of a wheel by different manufacturers) and uncertainty as to which act was the proximate cause of an injury compare concert of action civil liability : liability imposed under c...
Power
Power, in respect of court the word 'power' means an authority expressly or impliedly conferred on the court by law to do that which without that sanction it could not have done, consent cannot give jurisdiction, K.E. v. Vithu, (1899) 1 Bom LR 157.Power, is an authority reserved by, or limited to, a person to dispone, either wholly or partially, of movable or immovable property, either for his own benefit or for that of others. The word is used as a technical term and is distinct from the dominion which a man has over his own estate by virtue of ownership, Stroud's Judicial Dictionary.Power, is not synonymous with jurisdiction, K.E. v. Vithu, (1899) 1 Bom LR 157.Power, may be general or implied. The general powers are such as the donee can exercise in favour of such person or persons as he pleases, including himself, Mahadeo Ramchandra v. Damodar Vishwanath, AIR 1957 Bom 218.Means any form of energy which is not generated by human or animal agency. [The Gujarat Lifts and Escalators Act...
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...
Right
Right [fr. recht, Teut.; rectus, Lat. The application of the same word to denote a staight line and moral rectitude of conduct, has obtained in every language I know, Dugald teward], in its primitive sense, that which the law directs; in popular acceptation, that which is so directed for the protection and advantage of an individual is said to be his right, 1 Stark. Evid. 1, n. (b). It has been described as a liberty of doing or possessing something consistently with law, or more strictly, the liberty of the doing or possessing something for the infringement of which there is a legal sanction. It is often confused in the popular mind with licence of the doing of something which his not prohibited by law, however damaging the act may be to individuals or the community. See MALUM IN SE.A 'right' is a legally protected interest, Mithilesh Kumari v. Prem Behari Khare, AIR 1989 SC 1247 (1255): (1989) 2 SCC 95: (1989) 1 SCR 621.A 'right' is an averment of entitlement arising out of legal rul...
- << Prev.
- Next >>