Section 17 - Law Dictionary Search Results
Home Dictionary Name: section 17 Page: 4 Page 4 of about 1,110 results (0.002 seconds)Mercantile Law Amendment Act, 1856 (English)
Mercantile Law Amendment Act, 1856 (English) (19 & 20 Vict. c. 97). Its principal enactments are: (1) that a writ of execution shall not effect a title bona fide acquired before seizure; (2) that in an action for breach of contract to deliver goods sold, a writ for the delivery of the goods may be obtained (these two ss. are repealed by the Sale of Goods Act, 1893, and reproduced by ss. 26 and 52 of that Act); (3) that the consideration for a guarantee need not appear in writing; (4) that a guarantee to or for a firm ceases upon a change in the firm (this s. is repealed by the Partnership Act, 1890, and reproduced by s. 18 of that Act); (5) that a surety who discharges a liability is to be entitled to an assignment of all securities held by the creditor; (Ss. 6 and 7) that an acceptance of a bill of exchange must be in writing, and that 'inland bill of exchange' bears a certain definition-these two sections are repealed by the Bills of Exchange Act, 1882, and reproduced by ss. 7 and 17...
Otherwise directed
Otherwise directed, expression 'otherwise directed' only means that the appellate authority can ask the assessee to deposit a portion of the amount and not the whole but the section gives no power to the appellate authority to permit the assessee to furnish security in lieu of cash amount of tax, Hardeodas Jagannath v. State of Assam, AIR 1970 SC 724: (1969) 2 SCR 261. [Assam Sales Tax Act, 1947 (17 of 1947), s. 30(1)]...
Penal Servitude
Penal Servitude, a punishment in the United King-dom which by the Penal Servitude Act, 1853, has superseded transportation (see that title) beyond the seas; but is in all respects as to hard labour, etc., similar to it. It ranges in duration from three years to the life of the convict.The (English) Criminal Law Consolidation Act of 1861 frequently authorise a minimum term of three years' penal servitude. This minimum of three years was altered to five by the (English) Penal Servitude Act, 1864, s. 2, but altered back to three by the (English) Penal Servitude Act, 1891, that very important Act providing as follows by s. 1:-(1) where under any enactment in force when this section comes into operation [5th Aug., 1891] a Court has power to award a sentence of penal servitude, the sentence may, at the discretion of the Court, be for any period not less than 3 years, and not exceeding either 5 years, or any greater period authorized by the enactment.(2) where under any Act now in force or un...
Whenever the appropriate Government so directs
Whenever the appropriate Government so directs, the expression 'whenever the appropriate Govt. so directs' in that section refers to the taking of possession and not to the declaration of urgency. Even in case of urgency, the Govt. may not think it necessary to take immediate possession for good reasons, Jetmull Bhojraj v. State of Bihar, AIR 1972 SC 1363 (1366): (1972) 1 SCC 714: (1972) 3 SCR 193. [Land Acquisition Act (10 of 1894), s. 17(1)]...
Public trustee
Public trustee. The office of Public Trustee was established by the (English) Public Trustee Act, 1906, which came into force on 1st January, 1908. The Public Trustee is a corporation sole, and may if he thinks fit act in the administration of estates of deceased persons if under one thousand pounds; act as custodian trustee [see that title, and Re Cherry's Trusts, (1914) 1 Ch 83]; act as an ordinary trustee; be appointed to be a judicial trustee (see that title); be appointed administrator of the property of a convict under the Forfeiture Act, 1870; and he may also be appointed an executor and obtain a grant of probate (s. 5). He may be appointed a trustee whether the trust instrument came into operation before or after the Act, and either as an original or a new trustee, or as an additional trustee, in the same cases and manner and by the same persons or Court as if he were a private trustee, with this addition--that he may be appointed sole trustee although the trustees originally a...
Shall
Shall, a word of slippery semantics in a rule is not decisive and the context of the statute, the purpose of the prescription, the public injury in the event of neglect of the rule and the conspectus of circumstances bearing on the importance of the condition have all to be considered before condemning a violation as fatal, State of Punjab v. Shamlal Murari, (1976) 1 SCC 719.Shall, does not always mean that an act is obligatory or mandatory and it depends upon the context in which the word 'shall' occurs and the other circumstances, Ramnath Narayana Mauzo of Margoa v. Union Government of India, AIR 1968 Goa 85.Shall, does not always mean that the enactment is obligatory or mandatory. It depends upon the context in which the word shall occurs and the other circumstances, State of Madhya Pradesh v. Azad Bharat Finance Co., (1966) (Supp) SCR 473: (1967) 1 SCJ 815.Shall, in a statute, though generally taken in a mandatory sense, does not necessarily mean that in every case it shall have th...
University
University, an association of learners, and of teachers and examiners of the learners, upon whose report the association grants upon whose report the association grants titles called 'degrees' (such as 'Master of Arts,' 'Doctor of Divinity'), showing that the holders have attained some definite proficiency.The English Universities are those of Oxford, Cambridge (incorporated by 13 Eliz. c. 29, by the two names of the Chancellor, Masters and Scholars of the University of Oxford and Cambridge respectively, with the direction that they shall be called and named by none other name for evermore), Durham, London, Victoria of Manchester, Birmingham, Liverpool, Leeds, Sheffield, Bristol, and East Midland University Nottingham, the graduates of which (see University of Liverpool Act, 1904; (English) University of Leeds Act, 1904; and (English) Sheffield University Act, 1914) have equal statutory privileges and exemptions; and Reading University (see 18 & 19 Geo. 5, c. 25). There is also the Uni...
Waste lands
Waste lands, the expression 'waste lands' has a well-defined legal connotation. It means lands which are desolate, abandoned, and not fit ordinarily for use for building purposes. In Shorter Oxford English Dictionary, 3rd Edn., Vol. 2, p. 2510, the meaning of the word 'waste' is given as: 1. Waste or desert land, uninhabited or sparsely inhabited and uncultivated country; a wild and desolate region; 2. A piece of land not cultivated or used for any purpose, and producing little or no herbage or wood. In legal use, a piece of such land not in any man's occupation but lying common. 3. A devastated region. In the sequence in which the expression 'waste lands' appears in the two relevant sections, it cannot but have its ordinary etymological meaning as given in the Shorter Oxford Dictionary i.e., land lying desolate or useless, without trees or grass or vegetation, not capable of any use. In Rajanand Brahma Shah v. State of Uttar Pradesh, ((1967) 1 SCR 373: AIR 1967 SC 1081: (1967) 2 SCJ 8...
Larceny
Larceny [fr. larcin, Fr.; latrocinium, Lat.], contracted from latrociny, the unlawful taking and carrying away of things personal, with intent to deprive the rightful owner of the same. Larceny is a felony, and is either simple or accompanied with circumstances of aggravation:(1) Simple larceny at Common Law, or plain theft. To constitute the offence there must be an unlawful taking, which implies that the goods must pass from the possession of a true owner (including one who has a qualified property only in the goods, as a bailee), and without his consent; where there is, then, no change of possession, or a change of it by consent, or a change from the possession of a person without title to that of the true owner, there cannot be a larceny. As to the difference between property parted with by the owner of his own free will, however fradulently influenced, in other words, between property 'entrusted' and 'possession by a trick,' see Oppenheimer v. Frazer, (1907) 2 KB 50, and Lake v. S...
Game
Game [fr. gaman, Sax.], all sorts of birds and beasts that are objects of the chase. The term is defined by the Game Act, 1831 (1 & 2 Wm. 4, c. 32), as including for the purposes of that Act 'hares, pheasants, partridges, grouse, heath or moor-game, black game, and bustards'; but some of its provisions are directed to trespass in pursuit of woodcocks, snipes, quails, land rails, and coneys.At Common Law game belongs to a tenant and not to a landlord, but leases frequently contain a reservation of the game to the landlord, and before the Game Act, 1831, the right to kill game was restricted to freeholders having 100l. a year freehold, or leaseholders having a 99 years' leasehold of 150l. a year, etc. This Act repeals the (English) Qualification Act of 22 & 23 Car. 2, c. 25, and (after giving the game to landlords in the case of leases made before the Act for less than 21 years-a provision now expired) protects reservations of game by penal provisions. The Act also requires all persons k...
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