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Erie doctrine

it is sitting called also Erie Rule see also Erie Railroad Co. v. Tompkins in the Important Cases section

assistance of counsel

Amendment to the U.S. Constitution see also ineffective assistance of counsel Powell v. Alabama in the Important Cases section NOTE: The Supreme Court held in Powell v. Alabama that the Sixth Amendment requires the state to provide

abortion

W. Scott, Jr."] see also Roe v. Wade and Webster v. Reproductive Health Services in the Important Cases section

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Jesuits

1902, for judgment of Mr. Kennedy at the Marlborough Street Police Court on refusing a summons, and R. v. Kennedy, (1902) 86 LT 753, in which the High Court held that they had to jurisdiction to compel … the High Court held that they had to jurisdiction to compel Mr. Kennedy to issue the summons; the sections were virtually a dead letter [Re Smith, (1914) 1 Ch 937], and are now repealed as to Great

Lawfully

and enjoyed by the latter, a lawful relationship is born between the two which under the provisions of section 70 gives rise to a claim for compensation, State of W.B. v. B.K. Mondal, AIR 1962 SC 779

Living in adultery

Living in adultery, means a continuous course of adulterous relationship as distinguished from 'one or two lapses from virtue, Rajni v. Prabhakar, AIR 1950 Bom 204. No wife shall be entitled to receive an allowance from her … Prabhakar, AIR 1950 Bom 204. No wife shall be entitled to receive an allowance from her husband under section 125, Cr PC if she is living in adultery see (s. 125(4), Cr PC, 1973, a continuous course

Load-line

(English) Merchant Shipping Act, 1894, and see also s. 8 of the Merchant Shipping Act, 1906. Both these sections have now been repealed by the (English) Merchant Shipping (Safety and Load Line Conventions) Act, 1932 (22 Geo. … the water will rise when the ship is loaded. The (English) Merchant Shipping Act, 1890 (53 & 54 Vict. c. 9), substituted a 'maximum load-line in salt water, to which it should be lawful to load a

Musheira

Musheira, 'Nobody will torture 'undertaking' in sec. 2(j) to mean mediation or musheira which are spiritual and aesthetic undertakings.' [Bangalore Water Supply v. A. Rajappa,

Scylla and Charybdis

other. 'Avoiding Scylla and Charybdis, we proceed to decipher the full import of the definition' [Bangalore Water Supply v. A. Rajappa, AIR 1978 SC 548, para 42] - Here the judge is trying to find the true … para 42] - Here the judge is trying to find the true amplitude of the word 'industry' in section 2(j) of the Industrial Disputes Act without neither reducing the term to an absurdity nor allowing prejudice and

Taking cognizance of an offence

is said to have taken cognizance of the offence within the meaning of s. 190(1)(a), Devarapalli Lakshminarayana Reddy v. V. Narayana Reddy, AIR 1976 SC 1672: (1976) 3 SCC 252. [Criminal PC (2 of 1974), s. 190] … a complaint, the Magistrate applies his mind for the purposes of proceeding under s. 200 and the succeeding sections in Chapter XV of the Code of 1973, he is said to have taken cognizance of the offence

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