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Section 1455 - Law Dictionary Search Results

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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 ...


Tithe Rent-Charge

Tithe Rent-Charge. A charge on land, substituted by commutation for that charge on the produce of the land for the benefit of the Church, which was called tithe from being the tenth part of the increase yearly arising and renewing from the profits of lands, the stock upon lands, and the personal industry of the inhabitants; the first species being usually called pr'dial, the second mixed, the third personal.This commutation was effected by a procedure set on foot by the (English) Tithe Act, 1836 (6 & 7 Wm. 4, c. 71), amended by subsequent Acts. See Chitty's Stat., tit. 'Tithe Rent-Charge.' The amount to be paid was annually adjusted, according to the price of corn.The commutation was effected in one of two ways-either by a voluntary parochial agreement, con-firmed by the commissioners, or by the compulsory award of the commissioners. The value, either voluntarily agreed upon or awarded by the commissioners, was considered as the amount of the total rent-charge to be paid in respect of ...


Building bye-law

Building bye-law, means bye-laws made under section 481 of the Delhi Municipal Corporation Act, 1957 or the bye-laws made under section 188, sub-section (3) of section 189 and sub-section (1) of section 190 of Punjab Municipal Act, 1911, as in force in New Delhi or the regulations made under sub-section (1) of section 57 of the Delhi Development Act, 1957, relating to buildings, Delhi Laws (Special Provisions) Act, 2006, sec. 2(a)....


Processual

Processual, used by Iyer, J. to imply something related to procedure or legal process in its larger sense. 'Where foul play is absent and fairness is not faulted, latitude is a grace of processual justice.' [Mumbai Kamghar Sabha v. Abdul Bhai, AIR 1977 SC 1455 (1458), para 6]. (Justice V.R. Krishna Iyer)...


Surety

Surety, hostage, bondsman; one that gives security for another; one that is bound for another. A surety who discharges the liability of the principal debtor is entitled to an assignment of all the securities held by the creditor, and is entitled to contribution from his co-sureties, see Steel v. Dixon, (1881) 17 CD 825.Means the person by whom any security is provided, Wilson v. First Country Trust Ltd., (2001) LR 407 (QB) Consumer Credit Act, 1974 (C 39), s. 189(1).Surety, The person who gives the guarantee is called the surety. (Contract Act, 1872 (9 of 1872), s. 126)A person who is primarily liable for payment of another's debt or the performance of another's obligation, Black's Law Dictionary, 7th Edn., p. 1455....


Short shrift

Short shrift (n), little time between condemnation and execution [Oxford Concise Dic. 5th Edn.] used by Iyer, J. to denote trivialization or lack of adequate judicial attention. '... the tribunal made short shrift of the workmen's plea' [Mumbai Kamghar Sabha v. Abdul Bhai, AIR 1977 SC 1455 (1457) (para 5)]. (Justice V.R. Krishna Iyer)...


Government

Government, 'the Government', shall include both the Central Government and any State Government. [General Clauses Act, 1897 (10 of 1897), s. 3(23)]That form of fundamental rules and principles by which a nation or state is governed; the state itself.The structure of principles and rules determining how a State or organisation is regulated; the sovereign proper in a nation or state; an organisation through which a body of people exercise political authority; the machinery by which foreign prover is exercised, Black's Law Dictionary, 7th Edn., p. 703.It means, in relation to any major port, the Central Government and, in relation to any other port, the State Government. [Dock Workers (Regulation of Employment) Act, 1948 (9 of 1948), s. 2 (d)]The expression 'Government' in s. 21(12)(a), IPC, 1860 must either mean the Central Government or the Government of a State, R.S. Nayak v. A.R. Antulay, AIR 1984 SC 684: (1984) 2 SCC 183: (1984) 2 SCR 495.Includes Legislative, Executive and Judiciar...


Merger

Merger [fr. mergo, Lat., to sink], an annihilation, by act of law, of a particular in an expectant estate consequent upon their union in the same person without an intervening estate in another person--thus accelerating into possession the expectant which swallows up the particular estate. It is the drowning of one estate in another, and differs from suspension, which is but a partial extinguishment for a time; while extinguishment, properly so termed, is the destruction of a collateral thing in the subject itself out of which it is derived. 'In order that there may be a merger, the two estates which are supposed to coalesce must be vested in the same person at the same time and in the same right' [Re Radcliffe, (1892) 1 Ch 231, per Lindley, LJ]. An estate tail, however is an exception to the rule; for a man may have in his own right both an estate tail and a reversion in fee; and the estate tail, though a less estate, will not merge in the fee, 2 Bl. Com. 177.The doctrine of merger pr...


Latitudinarianism

Latitudinarianism (n), of being a latitudinarian-one who gives freedom from narrowness and has liberality of interpretation. 'Conceptual latitudinarianism permits taking of liberties with individualization of the right to invoke the higher courts where the remedy is shared by a considerable number, particularly, when they are weaker. '[Mumbai Kamghar Sabha v. Abdul Bhai, AIR 1977 SC 1455, para 7]. (Justice V.R. Krishna Iyer)...


Kilkenny Cat

Kilkenny Cat, mad competition for the sake of earning. 'Complications may arise where inter-union rivalries and kilkenny cat competitions impair peace and solidarity of the working class' [Mumbai Kamghar Sabha v. Abdul Bhai, AIR 1977 SC 1455 (1459), para 9]. Also see Marad Massacre - A National Alarum in Random Reflections, Universal Law Publishing Co. Pvt. Ltd., p. 55. (Justice V.R. Krishna Iyer)...



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