Severability Clause - Law Dictionary Search Results
Home Dictionary Name: severability clauseseverability clause
severability clause : a clause (as in a contract) which states that provisions are severable ;esp : a clause in a statute that makes the statute's parts or provisions severable so that one part can be invalidated without invalidating the whole called also separability clause ...
separability clause
separability clause : severability clause ...
Doctrine severability
Doctrine severability, the main test to determine severability are (i) whether the part pronounced valid can stand along and be enforceable, (ii) whether the effect is to substitute for the law intended by the legislature one they may never have been willing, Commentary on the Constitution of India, Durga Das Basu, 5th Edn., Vol. 1, p. 220.The Constitution of India contains specific provisions in regard to the doctrine of severability, namely, clauses (1) and (2) of Article 13 and clause (i) of Article 254, the former with regard to contravention of a Fundamental Right and the latter with regard to repugnancy of the State Law in relation to a Law of Parliament, Constitution of India, Art. 13(1)(2) and Art. 254(1)...
Clause
Clause, means a clause the article in which the ex-pression occurs. [Constitution of India, Art. 366(5)]A distinct section or provision of a legal documentor instrument, Black's Law Dictionary, 7th Edn., p. 243.Clauses, means a series of numbered parts into which a Bill is divided; a descriptive title is printed in the margin of each clause, Parliamentary Practice; Erskine May, 22nd Edn., 1997, p. 463The main clauses of a bill in the Indian Parliament are: (i) Extent clause, (ii) Commencement clause, (iii) Definition clause, (iv) Rule making clause etc., Practice and Procedure by Parliament, M.N. Kaul & S.L. Shakdher, 5th Edn., 2001, p. 537....
Lands Clauses Consolidation Act, 1845, (English)
Lands Clauses Consolidation Act, 1845, (English) (8 & 9 Vict. C. 18), amended by 23 & 24 Vict. C. 106, and 32 & 33 Vict. c. 18, applicable to England and Ireland, the Public Act of Parliament whereby railway companies and other public bodies, authorised by special Act of Parliament to take the land of individuals for the purpose of such special Act, enter upon and make compensation for the land. Ss. 3 and 5 apply this general Act to every undertaking established by any special Act passed after its date by which the purchase or taking of lands for such undertaking is authorised and incorporate the general Act with such special Act except when or in so far as it is expressly excluded.The (English) Acquisition of Land (Assessment of Compensation) Act, 1919 (15 & 16 Geo. 5, c. 59), varied the principles of compensation provided by the Lands Clauses Acts upon compulsory purchase by a Government Department or a local or public authority, inter alia, compensation under the Act of 1919, is to ...
Personal liberty
Personal liberty, in Art. 21 of the Constitution of India takes in the right of locomotion and to travel abroad and no person can be deprived of his right to travel except according to procedure established by law, Satwant Singh v. A.P.O., New Delhi, AIR 1967 SC 1836.In England right to personal liberty means in substance a person's right not to be subjected to imprisonment, arrest or physical coercion in any manner that does not admit of legal justification; secured by the strict maintenance of the principle that no man can be arrested or imprisoned except in due course of law, Introduction to the Study of the Law of the Constitution, A.V. Dicey, 2003, pp. 207, 208.Means in ordinary language liberty relating to or concerning the person or body of the individual and personal liberty in this sense is the antitheses of physical restraint or coercion. 'Personal liberty means right not be subjected to imprisonment, arrest or other physical coercion in any manner that does not admit of lega...
ipso facto clause
ipso facto clause : a clause in an agreement stipulating the consequences (as termination of a lease or acceleration of a payment) of the insolvency of one of the parties called also bankruptcy clause ipso facto bankruptcy clause NOTE: An ipso facto clause is invalid under the Bankruptcy Code because a trustee is not bound by any provision or applicable law that is conditioned on the debtor's insolvency. ...
penalty clause
penalty clause 1 : a clause (as in a contract) that calls for a penalty to be paid or suffered by a party under specified terms (as in the event of a breach) and that is usually unenforceable NOTE: A penalty clause differs from a liquidated damages clause by not being tied to an estimate of possible actual damages. 2 : a clause in a statute or judgment that sets forth a penalty for a specific act or omission (as failure to make a support payment on time) ...
Continuation clause
Continuation clause. In English time policies it has been usual to provide by a clause attached to the policy, called the continuation clause, that if at the end of the period of insurance the ship is at sea, the insurance may be extended until her arrival at some port, Arnould's Marine Insurance, 8th Edn. P. 570. The Finance Act, 1901, (1 Edw. 7, c. 7), s. 11,provides that a policy of sea insurance shall not be invalid on the ground only that by reason of such a clause it may become available for a period exceeding twelve months, and a continuation clause is for this purpose defined as an agreement to the effect that in the event of the ship being at sea or the voyage otherwise not completed on the expiration of the policy, to subject-matter of the insurance shall be held covered until the arrival of the ship, or for a reasonable time thereafter not exceeding thirty days....
Interpretation Clause
Interpretation Clause, a clause of an Act of Parlia-ment or document which defines the meaning of certain words occurring frequently in other clauses of the Act or document; see, e.g., s. 334 of the Public Health Act, 1936, replacing s. 4 of the (English) Public Health Act, 1875 (38 & 39 Vict. c. 55), and see also (English) Local Government Act, 1933 (23 & 24 Geo. 5, c. 51), s. 305. Almost all modern Acts define the sense in which certain terms are used for the purposes of the Act.Interpretation clauses have been much complained of by judges: see Mews's Digest, tit. 'Statute,' p. 1886; but they make an Act, by shortening, much easier to read, and indeed in their complicated matters with which modern legislation deals, their use is absolutely indispensable. It should, however, be observed that the definitions in such clauses are generally exclusively referable t the Statute, or Part, or S. to which they are expressed to relate and do not necessarily govern the meaning of the term in any...
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial