Sec 49 - Law Dictionary Search Results
Home Dictionary Name: sec 49 Page: 3 Page 3 of about 849 results (0.002 seconds)securities and exchange commission (sec)
securities and exchange commission (sec) The five-member board appointed by the president that regulates and oversees stock trading and enforces federal securities statutes. Source: FindLaw ...
Undertaking
Undertaking, denotes 'any business or any work or project which one engages in or attempts as an enterprise analogous to business or trade, Secretary Madras Gymkhana Club Employees Union v. Manage-ment of Gymkhana Club, AIR 1968 SC 554: (1968) 2 SCJ 138: (1968) 1 SCA 379: (1967) 2 SCWR 618: (1967) 2 Lab LJ 720: 33 FJR 157: (1968) Lab JC 547: (1968) 2 Andh WR (SC) 6: (1968) 2 Mad LJ (SC) 6: 15 Fac LR 411: 16 Law Rep 140.Undertaking, denotes, with reference to company law, all the assets of the company past present and future, and is a mortgageable interest being commonly charged by the debentures of the company. 'Undertaking' means a unit, such as a factory or a granary, Industrial Disputes Tribunal (in re:), (1956) 3 All ER 111.Undertaking, in a compromise decree does not mean a promise to a court. It is merely a solemn promise by one party to the other when it appears in an agreement between the two, Nisha Kant Roy v. Sandji Bashnai, Goho, AIR 1948 Cal 294: 49 Cr LJ 567.Undertaking, i...
Alien
Alien [fr. alienigena, alibi natus, Lat.], a person not born within His Majesty's dominions and allegiance (q.v.). See definitions in the British Nationality and Status of Aliens Acts, 1914 and 1933, infra. At common law aliens were subject to very many disqualifications, the nature of which is shown by the (English) Act of 1844, 7 & 8 Vict. c. 66, which greatly relaxed the law in their favour. It provided, inter alia, that every person born of a British mother should be capable of holding real or personal estate; that alien friends might hold every species of personal property except chattels real; that subjects of a friendly power might hold lands, etc., for the purposes of residence or business for a term not exceeding twenty-one years; and it also provided for aliens becoming naturalized.Alien, (UK) is a person who is neither a Common-wealth citizen nor a British protected person nor a citizen of the Republic of Ireland. Aliens therefore include both persons having the nationality ...
Arbitration
Arbitration, the determination of a matter in dispute by the judgment of one or more persons, called arbitrators, who in case of difference usually call in an 'umpire' to decide between them.Means a method of dispute resolution involving one or more neutral third parties who are usually agreed to by the disputing parties and whose decision is binding, Black Law Dictionary 7th Edn., p. 100.Means any arbitration whether or not administered by permanent arbitral institution. [The Arbitration and Conciliation Act, 1996, s. 2(a)]An arbitrator is a disinterested person, to whose judgment and decision matters in dispute are referred, Termes de la Ley.The civilians make a difference between arbiter and arbitrator, though both found their power in the compromise of the parties; the former being obliged to judge according to the customs of the law: whereas the latter is at liberty to use his own discretion, and accommodate the difference in that manner which appears most just and equitable.An ar...
Bigamy
Bigamy. By the Offences against the Person Act, 1861, s. 57, whomsoever, being married, shall marry any other person during the life of the former husband or wife . . . shall be guilty of a felony punishable by penal servitude for not more than seven years, or less than three, or by imprisonment for not more than two years, with or without hard labour. That section, however, does not apply to any second marriage contracted elsewhere than in England and Ireland by any other than a subject of His Majesty or to any person whose husband or wife shall have been continually absent for seven years from such person, and shall not have been known to such person to be living within that time; or even, as was held in Reg. v. Tolson, (1889) 23 QBD 168, by nine judges to five, to a person re-marrying within the seven years with a bona fide belief on reasonable grounds in the death of the first husband before the second marriage. Bigamy will have been committed though the second form of marriage was...
Public health
Public health. The first (English) Public Health Act was passed in 1848 (11 & 12 Vict. c. 63); this was an adoptive Act not applying to London, and forms the foundation of modern sanitary legislation. It was followed by some twenty nine amending Acts which were repealed and consolidated by the Public Health Act, 1875 (the Local Government Act, 1933 (23 & 24 Geo. 5, c. 51), repeals certain sections of this Act, re-enacting them with amendments), which thus formed a sanitary code for England outside the metropolis. This Act has been since amended and extended by subsequent statutes. The latest is the Public Health Act, 1936 (26 Geo. 5 and 1 Edw. 8, c. 49), which, as from 1st October, 1937, consolidates many of the provisions of earlier legislation, without, however, repealing parts of the Public Health Acts of 1875, 1890, 1907 and 1925. The Act repeals and replaces among other enact-ments and as from various dates respectively provided by the Act: the whole of the Baths and Wash-houses A...
London
London, the metropolis of England. for a short account of early London, see 3 Hallam, Mid. Ages, p. 219.The 'city' of London, which is not subject to the Municipal Corporations Act, contains only 671 acres and is divided into twenty-six wards, over each of which there is an alderman, and is governed by a lord mayor, who is chosen yearly. As to the customs of the city, see Pulling's Customs of London, p. 5 et seq.The customs of London as to the distribution of intestates' effects are abolished by 19 & 20 Vict. c. 94.The administrative 'county' of London was established by the Local Government Act, 1888, s. 40, and consists of the city of London and the various metropolitan parishes in the counties of Middlesex, Surrey, and Kent, which prior to that Act were subject to the jurisdiction of the Metropolitan Board of Works, constituted by the (English) Metropolis Management Act, 1855 (18 & 19 Vict. c. 120), the powers of which board are transferred to the London County Council, the number o...
Same and similar
Same and similar, although the word same is frequently used in the sense of similar, the word similar never means 'same', AIR 1956 Punj 49 (55). (Partnership Act, 1932, s. 54)The two words 'same' and 'similar' connote different concepts and therefore the carrying of a similar business will not meet the requirements of the section. If one business cannot be conveniently carried on after the closure of the other, there would be a strong indication that the two businesses constituted the 'same business' but, no decisive inference could be drawn from the fact that after the closure of one business another may conveniently be carried on. The real test would be: was there any inter-connection, any interlacing, any inter-dependence, any unity at all embracing those two businesses. Such inter-connection, inter-relation, inter-dependence and unity exist when there is common management, common business organisation, common administration, common fund and a common place of business, B.R. Limited ...
Obsolete
Obsolete, invalid by virtue of discontinuance, said of a law or practice which has ceased to be enforced or be in use by reason of change of manners and circumstances, as 'wager or battel' (see BATTEL, WAGER OF), the punishment of the stocks (see STOCKS), the provision of the Gaming Act of Henry VIII. (33 Hen. 8, c. 9) (Revised Statutes, 2nd Edn., vol. i. p. 378, published in 1888; Chitty's Statutes, tit. 'Games and Gaming'), by which labourers and others are forbidden to play cards or other specified games 'out of Christmas,' but allowed to play them in Christmas in their masters' houses and in their masters' presence; and that of 1285 in the Stat. Westm. Sec., 13 Edw. 1, c. 34, by which elopement with a nun from her convent, although the nun consent, is punishable by three years' imprisonment and fine. For further instances, see the (English) Statute Law Revision Act, 1908 (8 Edw. 7, c. 49); and see also STATUTE LAW REVISION. But however absurd and, in common language, obsolete an En...
Building
Building, defined by Lord Esher in Moir v. Williams, (1892) 1 QB 270, as an inclosure of brick or stone covered by a roof, and said by Park, J., in R. v. Gregory, (1833) 5 B. & Ad. At p. 561, not to include a wall; but the definition depends on circumstances, and may include a reservoir, Moran v. Marsland, (1909) 1 KB 744. The London Building Act, 1930 (20 & 21 Geo. 5, c. clviii.), has no definition. The term 'new building' was defined in s. 23 of the (English) Public Health Acts Amendment Act,1907 (c. 53) (now repealed); and see also Southend-on-Sea Corporation v. Archer, (1901) 70 LJ KB 328; South Shields Corporation v. Wilson, (1901) 84 LT 267. An old railway carriage will be a 'new building' if the interior arrangements are altered, Hanrahan v. Leigh Urban Council, (1909) 2 KB 257. An advertisement hoarding is a building within a restrictive covenant, Nussey v. Provincial Bill Posting Co., (1909) 1 Ch 734; Stevens v. Willing & Co. Ltd., 1929 WN 53. See also Paddington Corporation v...
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