Section 198 - Law Dictionary Search Results
Home Dictionary Name: section 198 Page: 5Ordinarily
Ordinarily, may means 'normally', State of Andhra Pradesh v. V. Sharma Rao, AIR 2007 SC 137; Kailash Chandra v. Union of India, (1962) 1 SCR 374: AIR 1961 SC 1346; Krishan Gopal v. Shri Prakash Chandra, (1974) 1 SCC 128.Means 'normally', 'usually', 'in the ordinary course' etc., Y.K. Bammi v. Jawahar Lal Nehru University, AIR 1993 Del 239.Means in the large majority of cases but not invariably, Kailash Chandra v. Union of India, AIR 1961 SC 1346 (1349): (1962) 1 SCR 374. [Indian Railway Establishment Code, Rule 2046 (2)(a)]The word 'ordinarily' necessarily implies the exclusion of 'extraordinary' or 'special' circum-stances, Eicher Tractors Ltd. v. Commissioner of Customs, (2001) 1 SCC 315: AIR 2001 SC 196 (198). [Customs Act, 1962, s. 14(1)]Means in the large majority of cases but not invariably, Kailash Chandra v. Union of India, (1962) 1 SCR 374: AIR 1961 SC 1346.The word 'ordinarily' may mean 'normally'. But, the said expression must be understood in the content in which it has bee...
Ouster
Ouster, dispossession.A wrong or injury that may be sustained in respect of hereditaments, corporeal or incorporeal, carry-ing with it the deprivation of possession; for thereby the wrongdoer gets into the actual occupation of the land or hereditament, and obliges him that has a right to seek his legal remedy in order to gain possession and damage for the injury sustained. Such dispossession may be either of the freehold or of chattels real.Ouster of the freehold was effected by various methods: 1, abatement; 2, intrusion; 3, disseisin; 4, discontinuance; and 5, deforcement.Ouster of chattels real consists: 1st, of a motion of possession from estates held by statute, recogni-zance, or elegit, which happens by a species of disseisin or turning out of the legal proprietor before his estate is determined, by raising the sum for which it is given to him in pledge; and 2nd, of a motion of possession from an estate of years, which takes place by a like kind of disseisin, ejection, or turning...
Theatrical performance
Theatrical performance, a theatrical performance does not mean merely dramatic performance. It includes operatic or other representations or performances, AIR 1966 MP 198. [Madhya Pradesh Municipal Corporation Act (23 of 1956), s. 132 (2)(n)]Theatrical performance, includes operatic or other representation or performances. It must be, so as to include not merely dramatic performances but other performances and representations, than it follows that the expression 'other shows for public amusement' would include a cinema show, Delite Talkies v. Jabalpur Corporation, AIR 1996 MP 298: 1966 MP LJ 687: 1966 Jab LJ 1127....
Religion
Religion, in a wide sense, therefore, is those fundamental principles which sustain life and without which life will not survive, Aruna Roy v. Union of India, (2002) 7 SCC 368.Religion, in Australia, the Constitution gives right to a person to follow his own religious belief and can freely exercise his religion, A Commentary on the Constitution of India, Durga Das Basu, Vol. D, p. 198.Religion, in Sri Lanka, the Constitution guarantees a citizen freedom of religion subject to the restrictions prescribed by law in the interest of national unity, integrity and security, A Commentary on the Constitution of India, Durga Das Basu, Vol. D, p. 200.Religion, in U.K., the Protestant Church headed by the Crown is by law established and built into the fabric of the English Constitution. The State has accepted the Protestant Church as a religious body reflecting the Christian faith, A Commentary on the Constitution of India, Durga Das Basu, Vol. D, p. 200.Religion, is a matter of faith stemming fr...
Seamen
Seamen, persons engaged in navigating ships, barges, etc., upon the high seas. Those employed for this purpose upon rivers, lakes, or canals are denominated watermen.The (English) Merchant Shipping Acts, 1894 and 1906 (57 & 58 Vict. c. 60, and 6 Edw. 7, c. 48), contain numerous and elaborate provisions. In Part II. of the Act of 1894 there are regulations as to engagement and discharge of seamen, and payment of their wages. The Act also (s. 168) gives power to a Court to rescind a contract between owner or master, and seaman or apprentice, where a proceeding is instituted in the Court in relation to a dispute between them, protects (ss. 212-219) seamen from imposition, and (ss. 198-210) protects them in the matter of provisions, health, and accommodation. As to seamen's allotment notes, see (English) Merchant Shipping (Seamen's Allotment) Act, 1911 (1 & 2 Geo. 5, c. 8). Part III. of the Act of 1906 deals with seamen's food, and Part IV. contains provisions for the relief and repatriati...
Searches
Searches, an essential feature in the acquisition of land sine registration under the (English) Land Charges Act, 1925, in the land or local registries of any incumbrance which is required to be registered under that Act is notice (q.v.) to the purchaser and all persons connected with the land affected [see s. 198, (English) Law of Property Act, 1925, and see (English) LAND CHARGES]. Searches are necessary, not only in the Land Registry, but at the office of the local authority for local land charges. Searches may be made personally in each of the registers under the (English) Land Charges Act, 1925, but the usual practice is to apply for and obtain an official certificate of search at the Land Registry, which covers all the registers there, viz.: (1) pending ss. or lis pendens; (2) writs and orders affecting land, such as writs of execution or orders appointing a receiver, bankruptcy petitions and receiving orders; (3) deeds of arrangement; and (4) land charges under s. 10 of the (Eng...
Sufficient cause
Sufficient cause, for non-appearance refers to the date on which the absence was made a ground for proceeding ex parte and cannot be stretched to rely upon other circumstances anterior in time, Tea Auction Ltd. v. Grace Hill Tea Industry, AIR 2007 SC 67.Sufficient cause is an expression which is found in various statues. It has been construed liberally in keeping with its ordinary dictionary meaning as adequate or enough. That is, any justifiable reason resulting in vacation has to be understood as sufficient cause. For instance economic difficulty or financial stringency or family reasons may compel a landlord to let out a building in his occupation. So long as it is found to be genuine and bona fide it would amount to vacating a building for sufficient cause, Surinder Singh Sibia v. Vijay Kumar Sood, AIR 1992 SC 1540 (1541): (1992) 1 SCC 70. [H.P. Urban Rent Control Act, 1987, s. 14(3), Proviso 2]The expression 'sufficient cause' cannot be cons-trued too liberally, merely because the...
Yorkshire Registry Act, 1884
Yorkshire Registry Act, 1884 (English) (47 & 48 Vict. c. 54), consolidating and amending the Acts relating to the registration of deeds, wills, and other assurances (see the wide meaning of the term in s. 3 of the Act of 1884) in the North (8 Geo. 2, c. 6), East (6 Anne, c. 2), and West (2 & 3 Anne, c. 4, and 6 Anne, c. 20) Ridings of the County of York, for the purpose of giving them priority according to the date of registration irrespectively of notice aliunde (s. 14) (see NOTICE); and Battison v. Hobson, (1896) 2 Ch 403; Gresham Assurance Society v. Crowther, (1915) 1 Ch 214.By the (English) Law of Property Act, 1925, s. 11:(1) It shall not be necessary to register a memorial of any instrument made after the commencement of this Act in any local deeds registry unless the instrument operates to transfer or create a legal estate or to create a charge thereon by way of legal mortgage; nor shall registration of a memorial of any instrument not required to be registered affect any prior...
Mortuary
Mortuary, a burial place. Also, a kind of ecclesiastical heriot, being a customary gift claimed by and due to the minister in very many parishes on the death of his parishioners. Like lay heriots, they were originally only voluntary bequests to the church, being intended as a kind of expiation and amends to the clergy for personal tithes and other duties not paid by the deceased in his lifetime. It was usual in ancient times to bring the mortuary to church along with the corpse when it was brought to be buried, and thence it was sometimes called a corpse-present. In the laws of Canute it was called soul-scot or symbolum anim'. See 2 Bl. Com. 425.Mortuaries are limited in amount by the still unrepealed 23 Hen. 8, c. 6, thus: None where deceased died worthless than10 marks; 3s. 4d. where he died worth from 10 marks to 30l. 6s. 8d. where from 30l. to 40l.; and 10s. where exceeding 40l.; but the same Act forbids mortuaries for married, women or children, and prescribes that mortuaries for ...
Next post
Next post, means where payment of a bill is to be made by next post, the expression is understood to mean next reasonable convenient post, Derbyshire v. Parker, (1805) 2 Smith KB 195 (198); Burrow's Words and Phrases....
- << Prev.
- Next >>