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Flat

Flat. A set of rooms on one floor of a house usually let unfurnished in many separate flats, which for all legal purposes are separate houses. For the purposes of the Housing Act, 1936, defined as a separate and self-contained set of premises constructed for use for the purposes of a dwelling and forming part of a building from some other part of which it is divided horizontally, and 'block of flats,' a building which contains two or more flats and consists of three or more storeys exclusive of any storey which is constructed for use for purposes other than those of a dwelling. See Blackwell on the Law of Residential Flats; Woodfall, L. and T., and Forms in Appendix B. of that work.adj. without an allowance or charge for accused interest, Black's Law Dictionary, p. 652.A house in a larger block; an apartment, Black's Law Dictionary, 7th Edn., p. 652.Flat, means a separate set of premises forming part of a building being a set of premises occupied wholly or mainly as a private dwelling,...


Judicial Committee of the Privy Council

Judicial Committee of the Privy Council, a tribunal of Privy Councilors, established by 2 & 3 Wm. 4, c. 92, for the disposal of appeals to the Sovereign in Council. It consists of the Lord Chancellor, the Lord President and ex-Lords President, the six Lords of Appeal in Ordinary, and such other members of the Privy Council as shall from time to time hold or have held 'High Judicial Office,' i.e., judges of the Supreme Courts of England or Ireland, Court of Session in Scotland, and not more than seven judges of the superior courts of the self-governing Colonies (or other possession fixed by Order in Council), and not more than two judges of any High Court in India as shall be nominated by the King.The Committee sits in Downing Street, Whitehall. Appeals are conducted before it as before a court, although inform it reports to the King advising that an appeal should be allowed or disallowed: consequently dissenting opinions are not disclosed. The principal matters which come before the Ju...


National insurance

National insurance. The (English) National Insur-ance Act, 1911 (1 & 2 Geo. 5, c. 55), introduced by Mr. Lloyd George, established a wide system of compulsory state insurance covering both ill-health and unemployment, which is based upon premiums contributed in part by the employer, in part by the employee, and in part by the State. The Act consisted of three parts, the first dealing with National Health Insurance, the second with Unemployment Insurance, and the third contained miscellaneous provisions. This Act remained the basis of National Health Insurance, although the subject of very extensive amendment, until the National Health Insurance Act, 1924, consolidated the law. The law has been consolidated again by the (English) National Health Insurance Act, 1936 (26 Geo. 5, and 1 Edw. 8, c. 32), amends and repeals the whole of the Acts passed in 1920, 1922, 1924 and 1928. The arrangement is as follows:-Part I. Insured Persons and Contributions.Part II. Benefits.Part III. Approved Soc...


Natural justice

Natural justice, the aim of the rules of natural justice is to secure justice or to put it negatively to prevent miscarriage of justice. These rules can operate only in areas not covered by any law validly made. In other words they supplant the rules of natural justice which are not embodied rules. What particular rule of natural justice should apply to a given case must depend to a great extent on the facts and circumstances of that case, the frame-work of the law under which the enquiry is held and the constitution of the Tribunal pointed for the purpose, A.K. Kraipak v. Union of India, AIR 1970 SC 150: (1969) 2 SCC 262.Historically, 'natural justice' has been used in a way 'which implies the existence of moral principles of self-evidence and unarguable truth'. In course of time, judges nurtured in the traditions of British jurisprudence, often involved it in conjunction with a reference to 'equity and good conscience'. Legal experts of earlier generations did not draw any distinctio...


Nuisance

Nuisance [fr. nuire, Fr., to hurt], something noxious of offensive. Any unauthorised act which, without direct physical interference, materially impairs the use and enjoyment by another of his property, or prejudicially affects his health, comfort, or convenience, is a nuisance.Nuisance may be distinguished from negligence in that nuisance is an act or omission causing injury, the injury itself giving rise to an action for damages, while a person suffering from damage due to negligence must prove that the damage was caused by some want of care, according to its degree which was required in the particular circumstances of the case. Actions against persons or public undertakings for damage under statutory powers are generally founded on negligence. Where the actual method of exercising the power creating a nuisance is indicated by the statute negligence in the authorised method may be actionable. The onus appears to be on a defendant pleading that the nuisance was inevitable and compulso...


Uses

Uses (History). A use is the intention or purpose, express or implied, upon which property is to be held. The Common Law treated the actual possessor for all purposes as the owner of the property. It was not difficult to find him out, since the possession of his estate was conferred upon him by a formal and notorious ceremony, technically called livery of seisin, which was performed openly and in the presence of the people of the locality.It soon became evident that the simple rules of the Common Law were stumbling-blocks to the complicated wants of an enterprising people.Hence ingenuity was sharpened to hit upon a device which should set at nought the rigidity of existing law and formalities.A system was found by the monastic jurists upon a model furnished by the Civil Law, which, by a nice adaptation, evaded, without overturning, the Common Law. Two methods of transferring realty began to co-exist in this country-the ancient Common Law system, and the later invention, which is denomi...


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