Section 196 - Law Dictionary Search Results
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...
Workers
Workers, the expression 'the provisions of the Factories Act shall, notwithstanding anything contained in that Act, apply to all persons employed in or in connection with a factory' in s. 70 of the Bombay Shops and Establishment Act has the effect of enlarging the shop of the Factories Act by making it applicable to all person employed in such factory irrespective of whether employed as 'workers' within the meaning of s. 2(1) or otherwise, Union of India v. G.M. Kokil, (1984) Supp SCC 196: (1984) 3 SCR 292....
Residential occupier
Residential occupier, means a person who resides or is usually resident in premises used for the purposes of a private dwelling, and having at the relevant date a rateable value not exceeding the specified limit, and who (1) is the occupier of the hereditament which consists of or includes the premises, or (2) is not the occupier of the hereditament which consists of or includes the premises but pays the rates chargeable in respect of the hereditament for the rebate period concerned, and is the spouse or former spouse of a person who is the occupier of the hereditament but does not reside and is not usually resident there, or (3) is not occupier of the hereditament which consists of or includes the premises, but make payments by way of rent in respect of the premises to the occupier of the hereditament or to any other person who is himself a residential occupier, Halsbury's Laws of England, 4th Edn., Vol. 39, p. 173, p. 196....
Special constables
Special constables, persons appointed by justices of the peace to assist in keeping the peace 'on the oath of a credible witness that any tumult, riot, or felony has taken place or may be reasonably apprehended in any parish, township, or place,' if the justices are of opinion that the ordinary constables are insufficient for that purpose. See Special Constables Act, 1831, s. 8 of which imposes a penalty for each refusal to serve when duly called upon, while s. 2 allows a Secretary of State to order persons to be sworn in though exempt by law, and s. 196 of the (English) Municipal Corporations Act, 1882, by which borough justices 'shall appoint in October in every year so many as they may think fit of the inhabitants of the borough, not legally exempt from serving the office of constable, to act as special constables in the borough.' There are also Acts of 1835 and 1838 dealing with the subject.By the (English) Special Constables Act, 1914, as amended by the (English) Special Constable...
Square
Square, means fitting the factual or legal situation at bar, Mihet Caterers, Inc. v. North Western Meat, Inc., 185 So 2d 196 (1966)....
Title
Title, means the union of all elements (as ownership possession, and custody) constituting the legal right to control and dispose of property; the legal link between a person who owns property and the property itself, Black's Law Dictionary, 7th Edn., p. 1493.Title: 1, a general head, comprising particulars, as in a book; 2, an appellation of honour or dignity; 3, the means whereby the owner of lands has the just possession of his property--titulus est justa causa pos sidendi id quod nostrum est: Co. Litt. 345b.1. The union of all elements (as ownership, possession, and custody) constituting the legal right to central and dispose of property; the2. Legal evidence of a person's ownership rights in property; an chastenment (such as a deed) that constitute such evidence3. The heading of a statute or other legal document, Black's Law Dictionary, 7th Edn.There are several stages and degrees requisite to form a complete title to lands and tenements.1. The lowest and most imperfect degree of ...
Transportation for life
Transportation for life, a person sentenced to trans-portation for life may be detained in prison for life, Sambha Ji Krishan Ji v. State of Maharashtra, AIR 1974 SC 147: (1974) 1 SCC 196...
Manufacturer
Manufacturer, in relation to any dangerous machine or any part thereof, means a person who, or a firm or a Hindu undivided family which--(i) makes or manufactures such dangerous machine or part thereof,(ii) makes or manufactures one or more parts and acquires the other parts of such dangerous machine and, after assembling those parts, claims the end product to be a product manufactured b himself, or itself, as the case may be.(iii) does not make or manufacture any part of such dangerous machine but assembles parts thereof made or manufactured by others and claims the end product to be a product manufactured by himself, or itself, as the case may be.(iv) puts, or causes to be put, his or its own mark on any complete dangerous machine made or manufactured by any other person and claims such product to be a product made or manufactured by himself, or itself, as the case may be. [Dangerous Machines (Regulation) Act, 1983 (35 of 1983), s. 3 (j)]It means a person who is engaged in the manufa...
Natural justice
Natural justice, the aim of the rules of natural justice is to secure justice or to put it negatively to prevent miscarriage of justice. These rules can operate only in areas not covered by any law validly made. In other words they supplant the rules of natural justice which are not embodied rules. What particular rule of natural justice should apply to a given case must depend to a great extent on the facts and circumstances of that case, the frame-work of the law under which the enquiry is held and the constitution of the Tribunal pointed for the purpose, A.K. Kraipak v. Union of India, AIR 1970 SC 150: (1969) 2 SCC 262.Historically, 'natural justice' has been used in a way 'which implies the existence of moral principles of self-evidence and unarguable truth'. In course of time, judges nurtured in the traditions of British jurisprudence, often involved it in conjunction with a reference to 'equity and good conscience'. Legal experts of earlier generations did not draw any distinctio...
Service
Service [fr. servitium, Lat.], that duty which a tenant, by reason of his estate, owes to his lord. There are many divisions of this duty in our ancient law books, as into personal and real, which is either urbane or rustic, free and base, continua land annual, casual and accidental, intrinsic and extrinsic, certain and uncertain, etc. see TENURE.The formal delivery of a writ, summons of other legal process 2. The formal delivery of some other legal notice such as pleading, Black's Law Dictionary, 7th Edn., p. 1372.The formal mode of bringing a writ or other process, or a notice in a suit, to the knowledge of the person affected by it.The service of writs of summons is regulated by (English) R.S.C. 1883, Ord. IX., which by r. 1 dispenses wit service, when (as is usual) the defendant, by his solicitor, agrees to accept service, and enters an appearance. By r. 2, service, when required, must be personal, unless an order for 'substituted service, or the substitution of notice for service,...
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