Section 198 - Law Dictionary Search Results
Home Dictionary Name: section 198 Page: 6Penalty
Penalty, is a liability under the taxing statute, Khemka & Co. v. State of Maharashtra, AIR 1975 SC 1549.Penalty, is legal or official punishment such as a term of imprisonment, N.K. Jain v. C.K. Shah, AIR 1991 SC 1289. [Employees' Provident Fund Act, 1952, s. 14]Means recovery of an amount as a penal measure in civil proceedings, or an exaction which is not compensatory in character, Jagjit Cotton Textile Mills v. Chief Commercial Superintendent, N.R., (1998) 5 SCC 126.1. A sum agreed to be paid on non-performance of the condition of a bond. See BOND.2. A sum agreed to be paid on breach of an agreement or any stipulation of it. See LIQUIDATED DAMAGES, and NOMINE PEN'. The fact that the parties state expressly in their contract that the sum named is 'liquidated damages' will not prevent the Court from deciding that it is a penalty. 'The cases upon the subject of penalty or liquidated damages are very numerous. The result of them seems to be this, that what the Courts look at is the rea...
Marshal
Marshal, in the House of Commons, there is a Sarjeet at arms to attend upon the speaker, appointed by the Queen; some of his duties are to attend the speaker, with the make, on entering and leaving the house or going to the House of Lords, or attending her majesty with addresses, remove persons directed to withdraw from the House, bring to the Bar of the House persons in custody to be reprimanded by the Speaker, execute warrants for commitment of persons ordered into custody by the House etc., Parliamentary Practice, Erskine May, 22nd Edn., 1997, p. 198.Marshal, is military Commander, Webster American Dictionary, p. 900....
Desertion
Desertion, (1) the criminal offence of abandoning the naval or military service without license. See ss. 12 et seq. of the (English) Army Act, 1881, replacing similar s.s of the (English) annual Mutiny Acts, and Reg. v. Cuming, (1887) 19 QBD 13.Also (2) an abandonment of a wife, a matrimonial offence, for which the remedy is under (English) Judicature Act, 1925, s. 185, by which a sentence of judicial separation may be obtained either by the husband or wife on the ground of desertion, without cause, for two years and upwards; and see (English) Matrimonial Causes Act, 1857 (20 & 21 Vict. c. 85), s. 21, as to orders for the protection of the property of wives deserted by their husbands; and the (English) Summary Jurisdiction (Married Women) Act, 1895 (58 & 59 Vict. c. 39), repealing and re-enacting the (English) Married Women (Maintenance in Case of Desertion) Act, 1886, under which a deserted wife may obtain an order from justices of the peace that the husband pay her such weekly sum, n...
Maintenance
Maintenance, an officious intermeddling in a suit which in no wise concerns one, by assisting either party with money or otherwise to prosecute or defend it; both actionable and indictable [see Bradlaugh v. Newdegate, (1883) 11 QBD 1], and invalidates contracts involving it. By the Roman Law it was a species of crimen falsi to enterin to any confederacy, or do any act to support another's law-suits, by money, witnesses, or patronage, 4 Bl. Com. 134.It is either ruralis, in the country as where one assists another in his pretensions to lands, by taking or holding the possession of them for him; or where one stirs up quarrels or suits in the country; or it is curialis, in a Court of justice, where one officiously intermeddles in a suit depending in any court, which does not belong to him, and with which he has nothing to do, 2 Rol. Abr. 115. Maintaining suits in the spiritual courts is not within the statutes relating to maintenance, Cro. Eliz. 549. A man may, however, maintain a suit in...
Helium
An inert monoatomic gaseous element occurring in the atmosphere of the sun and stars and in small quantities in the earths atmosphere in several minerals and in certain mineral waters It is obtained from natural gas in industrial quantities Symbol He atomic number 2 at wt 40026 C12011 Helium was first detected spectroscopically in the sun by Lockyer in 1868 it was first prepared by Ramsay in 1895 Helium has a density of 198 compared with hydrogen and is more difficult to liquefy than the latter Chemically it is an inert noble gas belonging to the argon group and cannot be made to form compounds The helium nucleus is the charged particle which constitutes alpha rays and helium is therefore formed as a decomposition product of certain radioactive substances such as radium The normal helium nucleus has two protons and two neutrons but an isotope with only one neutron is also observed in atmospheric helium at an abundance of 0013 Liquid helium has a boiling point of 2689deg C at atmospheri...
Any person interested in a wakf
Any person interested in a wakf, the expression 'any person interested in a waqf' must mean 'any person interested in what is held to be a waqf'. It is only persons who are interested in a transaction which is held to be a waqf who would sue for a declaration that the decision of the Commissioner of the Waqfs in the behalf is wrong, and that the transaction in fact is not a waqf under the Act, Siraj-ul-Haq Khan v. Sunni Control Board of Wakf., AIR 1959 SC 198 (204). [U.P. Muslim Wakfs Act, 1936 (13 of 1936), s. 5(2)]...
Bungalow
Bungalow. Generally, a building on a single, or ground floor, the roof meeting the walls enclosing that floor, either with or without gables, but the space under the roof may be utilised; see Ward v. Paterson, (1929) 2 Ch 396 (restrictive covenant).Bungalow, is a building of which the walls, with the exception of any gables, are no higher than the ground floor, and of which the roof starts at a point substantially not higher than the top of the wall of the ground floor, regardless of the manner in which the space left in the roof is used, Halsbury's Laws of England, Vol. 4(2), 4th Edn., Para 335, p. 299; Ward v. Paterson, (1929) 2 Ch 396.Means primarily a one storey building, Halsbury's Laws of England, Vol. 4(2), 4th Edn., Para 335, p. 299; Clothier v. Snell, (1966) 198 Estates Gazette 27....
C.I.F
C.I.F.--'Cost, insurance, and freight.' Sometimes written C.F.I. These letters in a mercantile contract denote that the price named includes the price of the goods (cost), their insurance during transit to the purchaser, and the carriage (freight). As to obligations of parties to a C.I.F. contract, see Biddell Bros. v. Clemens Horst, 1911 (1) KB 952; 1912 AC 18; Manbre Saccharine Co. v. Corn Products, 1919 (1) KB 198; Wilson Holgate v. Belgian Grain Co., 1920 (2) KB 1....
Copyright
Copyright, an incorporeal right, being the exclusive privilege of printing, reprinting, selling, and publishing is own original work which the statute law first gave to an author in 1709, by 8 Anne, c. 19, for the term of fourteen years. Whether the right exited at Common Law is a long-vexed and still undetermined question. See Jeffries v. Boosey, (1854) 4 HLC 815. There is no copyright in an illegal or immoral publication, Southey v. Sherwood, (1817) 2 Mer 435; Stockdale v. Onwhyn, (1826) 5 B&C 173.The law of copyright now depends mainly on the (English) Copyright Act,1911 (1 & 2 Geo. 5, c. 46) (July 1, 1912), and 'no person shall be entitled to copyright or any similar right in any literary dramatic, musical, or artistic work, whether published or unpublished, otherwise than under and in accordance with the provisions of this Act, or of any other statutory enactment for the time being in force' (s. 31).By sub-s. 2 of s. 1 of this Act 'copyright' is thus defined:--For the purposes of ...
Code
Code, a collection or system of laws. The collection of laws and constitutions made by order of the Emperor Justinian is distinguished by the appellation of 'The Code' by way of eminence. See CIVIL LAW.The Code Napoleon, or Civil Code of France, pro-ceeding from the French Revolution, and the administration of Napoleon while First Consul, effected great changes in the laws of that country. Framed in the first instance by a commission of jurists appointed in 1800, this Code, after having passed both the tribunate and the legislative body, was promulgated in 1804 as the 'Code Civil des Francais.' When Napoleon became emperor, the name was changed to that of Code Napoleon, by which it is still often designated, though it is now styled by its original name of Code Civil. A Code de Procedure Civile, a Code de Commerce, Code d'Instruction Criminelle, and Code Penal were afterwards compiled and promulgated under Bonaparte's administration. To these was sub-sequently added a Code Forestier, or...
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