Section 3627 - Law Dictionary Search Results
Home Dictionary Name: section 3627 Page: 4Costs
Costs, expenses incurred in litigation or professional transactions, consisting of money paid for stamps, etc., to the officers of the Court, or to the counsel and solicitors, for their fees, etc.Costs in actions are either between solicitor and client, being what are payable in every case to the solicitor by his client, whether he ultimately succeed or not; or between party and party, being those only which are allowed in some particular cases to the party succeeding against his adversary, and these are either interlocutory, given on various motions and proceedings in the course of the suit or action, or final, allowed when the matter is determined.Neither party was entitled to costs at Common Law, but the Statute of Gloucester (6 Edw. 1, c. 4), gave cots to a successful plaintiff, and 2 & 3 Hen. 8, c. 6, and 4 Jac. 1, c. 3, to a victorious defendant; see Garnett v. Bradley, (1878) 3 App Cas 944.In proceedings between the Crown and a subject the general rule is that the Crown neither ...
Appellate Tribunal
Appellate Tribunal, means an Appellate Tribunal established under sub-section (1) of section 8. [Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (51 of 1993), s. 2(a)]Means Appellate Tribunal for Foreign Exchange established under section 18. [Foreign Exchange management Act, 1999]Means the Appellate Tribunal for energy Conservation established under section 30, Energy Conservation Act, 2001 (52 of 2001), s. 2(b)....
cancel
cancel -celed or: -celled -cel·ing or: -cel·ling 1 : to destroy the force, validity, or effectiveness of: as a : to render (one's will or a provision in one's will) ineffective by purposely making marks through or otherwise marring the text of compare revoke NOTE: The text of the will or of the will's provision need not be rendered illegible in order for a court to find that there was an intent to cancel it. b : to make (a negotiable instrument) unenforceable esp. by purposely marking through or otherwise marring the words or signature of NOTE: As stated in section 3-604 of the Uniform Commercial Code, a party that is entitled to enforce a negotiable instrument may cancel the instrument, whether or not for consideration, and discharge the obligation of the other party to pay. c : to mark (a check) to indicate that payment has been made by the bank NOTE: A check is no longer negotiable once it has been cancelled. d : to withdraw an agreement to honor (a letter of cr...
May
May, Prima facie the word 'may' must be given its ordinary and natural meaning. Primarily it is permissive in its meaning and until the contrary is established the word 'may' in section 6 of the Criminal (Amendment) Act could be read to mean that 'It shall be lawful'. There is nothing in the provisions of the Act, which would compel a court to give to the word 'may' in section 6 of the Act a meaning other than its ordinary meaning and to interpret it as 'shall', State v. Surajdeo Sinha, 1953 BLJR 571: 1954 Cr LJ 139: 1954 Pat 80.The word 'may' does not always import that the matter is discretionary with the court in exercising its functions. Similarly, 'shall' sometimes imports that the matter is entirely discretionary with the court in exercise of its functions, State of Uttar Pradesh v. Jogendra Singh, 1963 SC 1613; State of Uttar Pradesh v. Manbodan Lal, 1957 SC 912; Kamar Singh v. Delhi Administration, 1965 SC 971; Banwari Lal v. State of Bihar, 1961 SC 849; Narayana Rao v. State o...
Undertaking
Undertaking, denotes 'any business or any work or project which one engages in or attempts as an enterprise analogous to business or trade, Secretary Madras Gymkhana Club Employees Union v. Manage-ment of Gymkhana Club, AIR 1968 SC 554: (1968) 2 SCJ 138: (1968) 1 SCA 379: (1967) 2 SCWR 618: (1967) 2 Lab LJ 720: 33 FJR 157: (1968) Lab JC 547: (1968) 2 Andh WR (SC) 6: (1968) 2 Mad LJ (SC) 6: 15 Fac LR 411: 16 Law Rep 140.Undertaking, denotes, with reference to company law, all the assets of the company past present and future, and is a mortgageable interest being commonly charged by the debentures of the company. 'Undertaking' means a unit, such as a factory or a granary, Industrial Disputes Tribunal (in re:), (1956) 3 All ER 111.Undertaking, in a compromise decree does not mean a promise to a court. It is merely a solemn promise by one party to the other when it appears in an agreement between the two, Nisha Kant Roy v. Sandji Bashnai, Goho, AIR 1948 Cal 294: 49 Cr LJ 567.Undertaking, i...
State Public Information Officer
State Public Information Officer, means the State Public Information Officer designated under sub-section (1) and includes a State Assistant Public Information Officer designated as such under sub-section (2) of section 5. [Right to Information Act, 2005 (22 of 2005), s. 2(m)]...
Railway
Railway. A road owned by a private person or public company on which carriages run over iron rails; if the road is a public highway, that part of it on which the rails are laid is called a tramway. Every railway in this country (except a few private railways running through land owned by the owner of the railway) is constructed and managed (1) under a local and personal Act of Parliament; and (2) under the Companies Clauses, Lands Clauses, and Railways Clauses Consolidation Acts; and (3) under the general Acts relating to railways. The (English) Railway Act, 1921, provides for the reorganization of almost all the railways in England.Railway Companies as Carriers, The powers of railway companies as carriers are given by the 86th section of the Railways Clauses Consolidation Act, 1845, and controlled by the (English) Railway and Canal Traffic Acts of 1854, 1873, and 1888. The (English) Act of 1845, s. 86, enacts that:-It shall be lawful for the company [authorized (see s. 3) by the speci...
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 ...
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 ...
Party
Party, a guardian instituting suit on behalf of a minor is not a 'party' within the meaning of section 195(1)(c) of Criminal Procedure Code against whom a complaint can be directed to be issued by an order under section 476 of Cr. P.C., 1898, for using a false document in support of the suit claims, though it would, however, be open to the court to proceed against him under section 193 of Indian Penal Code; Rayalla Ramappa (in re:), AIR 1944 Mad 528; Magna Leasing Ltd. v. NEPC MICON Ltd., AIR 1998 Cal 94.The expression 'party' occurring in s. 439(5), Criminal Procedure Code., includes not only private parties, but also the State if it happens to be the party as in police cases. State v K. Lachman Murty, AIR 1958 Ori 204....
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