Section 227 - Law Dictionary Search Results
Home Dictionary Name: section 227 Page: 5Possessio fratris
Possessio fratris, a seisin to turn the descent away from the brother of the half-blood to the sister of the whole-blood; thus, if a father had two sons, A. and B., by different wives, these two brethren were not brethren of the whole-blood, and therefore could never inherit to each other, but the estate rather escheated to the lord. Nay, even if the father died, and his lands descended to his eldest son, A., who entered thereon, and died seised without issue, still B. could not be heir to this estate, because he was only of the half-blood to A., the person last seised; but it descended to a sister (if any) of the whole-blood to A.; for in such cases the maxim was that the seisin, or possessio fratris, made the sister the heiress. Yet, had A. died without entry, B. might have inherited, not as heir to A., his half-brother, but as heir to their common father, who was the person last actually seised, 2 Bl. Com. 227. Abolished by 3 & 4 Wm. 4, c. 106....
Public meeting
Public meeting, a meeting which any person may attend. Any number of persons may meet in any place for any lawful purpose with the consent of the owner of that place; but without such consent, and in any case in the public streets, which are lawfully used for the purpose of passing and repassing only (see the ruling of Charles, J., in the Trafalgar Square case in 1887, and Ex parte Lewis, (1888) 21 QBD 191), there is no 'right of public meeting' known to English law.Political meetings within a mile of Westminster Hall during the session of Parliament are prohibited by the Seditious Meetings Act, 1817. As a result of disturbances created by persons advocating the extension of the parliamentary franchise to women there was passed the Public Meeting Act, 1908, which by s. 1 provides as follows:-1.-(1) Any person who at a lawful public meeting acts in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting was called together shall be guilty ...
Preliminary point
Preliminary point, is not confined to such legal points only as may be pleaded in bar of a suit but comprehends all points or issues, whether of facts or law, determination of which has precluded the necessity for determining other points or issues which have, therefore, been left undetermined, Vassantimal Devaldas v. Hiromal Mohammal, AIR 1947 Sind 94: 1946 ILR Kar 380: 227 IC 633.Means a point, the decision of which is sufficient to dispose off the whole suit without the necessity of deciding other points involved in the case. It may be one of facts of law. It would include a point which relates to cause of action for the plaintiff or his 'locus standi' to bring to particular suit, Jit Kuarg Kehar Singh, AIR 1951 Pepsu 130.Preliminary point, refers to a point, the decision of which is sufficient to dispose of the whole suit without the necessity of deciding other points involved in the case, Jit Kaur v. Kehar Singh, AIR 1951 Pepsu 364....
Precarium
Precarium, a contract by which the owner of a thing, at another's request, gives him the thing to use as long as the owner shall please. This was dis-tinguished from an ordinary gratuitous loan, and in the Roman Law gave rise to different obligations on the part of the borrower, See Storey on Bail., ss. 227, 253 b....
Regulate
Regulate, does not include 'prohibition', Asoke Chowdhury v. State of West Bengal, AIR 2007 Cal 176.Regulate, includes prohibition, K. Ramanathan v. State of Tamil Nadu, AIR 1985 SC 660.Regulate, is derived from the latin word 'rego and regula'. It is a word of broad import having a broad meaning and is very comprehensive in scope, Corpus Juris Secundum, Vol. 76, p. 610.Regulate, is variously defined as meaning to adjust; to adjust, order, or govern by rule, method, or established mode; to adjust or control by rule, method, or established mode, or governing principles or laws; to govern; to govern by rule; to govern by, or subject to, certain rules or restrictions, to govern or direct according to rule; to control, govern, or direct by rule or regulations, Corpus Juris Secundum, Vol. 76, p. 611.Means to control or to adjust by rule or to subject to governing principles, U.P. Co-op. Cane Unions Federations v. West U.P. Sugar Mills Assn., (2004) 5 SCC 430.Means to direct by rule or restr...
Piracy
Piracy [fr. pirata, Lat.], the commission of those acts of robbery and violence upon the sea, which if committed upon land wold amount to felony. Pirates hold no commission or delegated authority from any sovereign or State, empowering them to attack others. They can, therefore, be only regarded in the light of robbers. They are, as Cicero has truly stated, the common enemies of all (communes hostes omnium); and the law of nations gives to every one the right to pursue and exterminate them without any previous declaration of war (see Piracy Jure Gentium, 1934, AC 586, where a frustrated attempt was held to be piracy by that law); but it is not allowed to kill them without trial, except in battle. Those who surrender or are taken prisoners must be brought before the proper magistrates, and dealt with according to law. By the ancient Common Law of England, piracy, if committed by a subject, was held to be a species of treason, being contrary to his natural allegiance; if by an alien, to ...
Rebuilding
Rebuilding, where it does not amount to new building but amounts to re-construction of certain parts of the old building either by taking down the roof or by changing the foundation or by taking down the walls and re-constructing them or otherwise, the work done is 're-building', Sharma Electric Engineering Works v. Radha Devi, AIR 1957 Cal 227....
Santati
Santati, connotes all clauses of issues or heirs, whether male or female, yet in a particular context they may be restricted to male heirs only, KMSL Sundararamier v. KN Sarojini, AIR 1984 Mad 227: (1984) 1 Mad LJ 255: (1984) 97 Mad LW 169....
Regulating
Regulating, the word 'regulating' in s. 33(1)(o) of Bombay Police Act, 1951 would include the power to prescribe that permission in writing should be taken a few days before the holding of a meeting on a public street. Under s. 33(1)(o) no rule could be prescribed prohibiting all meetings or processions, Himat Lal K. Shah v. Commissioner of Police, AIR 1973 SC 87 (98): (1973) 1 SCC 227: (1973) 2 SCR 266. [Bombay Police Act, 1951, s. 33(1)(o)]...
Rejected
Rejected, in a hierarchical system of courts which exists in our country, all courts and tribunals including the High Court exercising judicial and quasi-judicial functions owe it a duty to pass reasoned orders. There is a growing tendency in some of the High Courts to dismiss petitions filed under Article 226 or 227 of the Constitution in limine without a speaking order just by the use of a laconic word 'rejected' or 'dismissed'. Quite often the Supreme Court has decreed that while dis-missing a writ petition summarily, the High Court must record reasons briefly, Arun Mohadeorao Damka v. Additional Inspector General of Police, AIR 1986 SC 1497 (1499): (1986) 3 SCC 696: (1986) 2 SCR 1101....
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