Special And General - Law Dictionary Search Results
Home Dictionary Name: special and generalSpecial and general
Special and general, the terms 'special' and 'general' used in this context are relative terms and it is the content of one statue as compared to the other that will determine which of the two is to be regarded as special in relation to the other, Life Insurance Corporation of India v. D.J. Bahadur, AIR 1980 SC 2181: (1981) 1 SCC 315: (1981) 1 SCR 1083....
Resolution
Resolution, a solemn judgment or decision; a revocation of a contract. As to the cases in which resolutions of the House of Commons varying or renewing taxation have statutory effect for a limited period, see Provisional Collection of Taxes Act, 1913 (3 Geo. 5, c. 3). As regards companies, resolutions are of three kinds: (a) Ordinary, i.e., a resolution passed by a simple majority of members; (b) Extraordinary, i.e., a resolution passed by three-fourths of such members entitled to vote as are present in person or by proxy (where proxies are allowed) at a general meeting, of which notice specifying the intention to propose the resolution as an extraordinary resolution has been duly given; (c) Special, i.e., when passed by such a majority as is required for the passing of an extraordinary resolution and at a general meeting of which not less than 21 days' notice, specifying the intention to propose the resolution as a special resolution has been duly given, or if all members entitled to ...
Retainer
Retainer. (1) The contract between client and solicitor or between solicitor and counsel for professional services: the contract that such services shall not be given to the opposite party; (2) a document given by a solicitor to counsel, engaging the person who receives it to appear for a party, either in some particular suit or action in prospect (which is called a special retainer, or in all matters of litigation in which such party may at any time be involved; this is called a general retainer. Subject to rr. 20 and 21 of the Retainer Rules, a special retainer is binding if duly tendered, whether accepted or not, but there is no rule of the profession which makes a general retainer binding on a counsel unless it is accepted by him.Rules 20 and 21 are shortly as follows.By rule 20 counsel who has drawn pleadings or advised, or accepted a brief, during the progress of an action on behalf of any party must not accept a retainer or brief from any other party without giving the party or ...
Copyhold
Copyhold. Tenure in copyhold has been abolished under the (English) L.P. Acts, 1922 and 1925, and the Amending Acts of 1924 and 1926, but the greater part of the former title on this subject has been retained verbatim in view of the importance of the subject in examining titles. In the previous edition of this work, copyhold was described as a base tenure founded upon immemorial custom and usage; its origin is undiscoverable, but it is said to be the ancient villeinage modified and changed by the commutation of base services into specified rents, either in money or money's worth.A copyhold estate is a parcel of the demesnes of a manor held at the lord's will, and according to the custom of such manor. The tenant may have the same quantities of interest in this tenure as he may enjoy in freeholds, as an estate in fee-simple or (by particular custom) fee-tail, or for life, and he may have only a chattel interest of an estate for years in it. By the custom of some manors, the estate devol...
Adequate and special reasons
Adequate and special reasons, in order to exercise the discretion of reducing the sentence the statutory requirement is that the court has to record 'adequate and special reasons' in the judgment and not fanciful reasons which would permit the court to impose a sentence less than the prescribed minimum. The reason has not only to be adequate but special. What is adequate and special would depend upon several factors and no straitjacket formula can be imposed, Bhupinder Sharma v. State of Himachal Pradesh, (2003) 8 SCC 551 (558). (Indian Penal Code, 1860, s. 376)--the expression 'adequate and special reasons'[ indicates that it is not enough to have special reasons, nor adequate reasons disjunctively. There should be a conjunction of both for enabling the court to invoke the discretion. Reasons which are general or common in many cases cannot be regarded as special reasons, Kamal Kishore v. State of Himachal Pradesh, AIR 2000 SC 1920 (1925). [Penal Code, 1860, s. 376(2), proviso]Means t...
Specially appointed
Specially appointed, the expressional 'specially appointed' means appointment for specific purpose, AIR 1965 Pat 446 (447). [Bihar Panchayat Election Rules, 1959 r. 2(9)]The word 'specially' has reference to the special purpose of appointment and is not used to convey the sense of a special as against a general appointment. The word 'specially' thus connotes the appointment of an officer or officers to perform functions which ordinarily Collector would perform under the Act. It qualifies the word 'appointed' and means no more than that he is appointed specially to perform the functions entrusted by the Act to the Collector, Abdul Hussain Tayabali v. State of Gujarat, AIR 1968 SC 432 (436). [Land Acquisition Act, 1894, s. 3(c)]...
Specially empowered
Specially empowered, where power is conferred on a person by name or by virtue of his office, the individual designated by name or as the holder of the office for the time being is empowered specially, Sindhi Lahona Choitram Parasram v. State of Gujarat, AIR 1967 SC 1532 (1533).The word 'specially' has reference to the special purpose of the empowerment and is not intended to convey the sense of a 'special' as contrasted with a 'general' empowerment. 'Specially' quali-fies the word 'empowered' and not the person on whom the power is conferred. In this view, the State Government is within its competence to confer powers under s. 2(c) of the Act on some or all the Magistrates of the First Class in the State, in any of the modes known to law, and the Magistrate or Magistrates on whom powers are so conferred will be 'specially empowered' within the meaning of s. 2(c), State of Gujarat v. Chaturbhuj Maganlal, AIR 1976 SC 1697 (1700)....
Special and special reasons
Special and special reasons, the word 'special' has to be understood in contradistinction to word 'general' or 'ordinary'. Now what does term 'special' connote? 'Special' means distinguished by some unusual quality; out of the ordinary (See Words and Phrases, Permanent Edition, Volume 39A, p. 82) Webster defines 'special as particular; peculiar; different from others; designed for a particular purpose; occasion, or person; limited in range; confined to a definite field of action, Meet Singh v. State of Punjab, (1980) 3 SCC 291: AIR 1980 SC 1141....
Verdict
Verdict [fr. vere dictum, Lat.], the determination of a jury declared to a judge.1. A jury's finding or decision on factual issue of a case 2. Loosely, in a non jury trial, a judge's resolution of the issues of a case.The verdict is either general or special. A general verdict is given, viva voce, by the jury, thus, 'We find for the plaintiff, damages -,' or, if for the defendant, then, 'We find for the defendant.' In criminal cases a general verdict is either Guilty, or Not Guilty. If there be several issues, the verdict may be distributed, some issues being found for the plaintiff and others for the defendant. A verdict must comprehend the whole issues submitted to a jury in the particular cause, otherwise the judgment founded upon it may be reversed. See SPECIAL VERDICT; PREVERSE VERDICT....
general appearance
general appearance : a court appearance by which a party submits to the jurisdiction of the court esp. by asking for any relief other than a ruling that the court has no jurisdiction over the appearing party compare special appearance NOTE: General and special appearances are not used in the federal courts or in state courts that follow the Federal Rules of Civil Procedure. ...
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