Special Sessions - Law Dictionary Search Results
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Court, compensation officer appointed under (English) Bihar Land Reforms Act, 1950 is not a 'Court' within the meaning of s. 195(1)(b) of the Code of Criminal Procedure Code 1973, Keshab Moroyan Banerjee v. State of Bihar, AIR 2000 SC 485 (490). [Bihar Land Reforms Act (30 of 1950), s. 19]Court, means the principle civil court of original jurisdiction in a district and including the High Court in exercise of the ordinary original civil jurisdiction, having jursidiction to decide the questions forming the subject matter of suit, but does not incude any civil court of a grade inferior to such civil court or any court of small causes.S. 2(*) Arbitration and Conciliation Act, 1996, Raipur Development Authority v. Sarin Construction Company, Raipur, AIR 2006 Chattisgarh 12.The tribunal which is to exercise the jurisdiction for executing the decree in question is 'a court' within the scope of s. 45C of the Banking Companies Act, Ram Narain v. Simla Banking and Industrial Co. Ltd., AIR 1956 S...
Clerk of the peace
Clerk of the peace. His duties are to officiate at sessions of the peace, to prepare indictments, and to record the proceedings of the justices, and to perform a number of special duties in connection with the affairs of the county. He is also clerk of the county council, by virtue of s. 83 of the (English) Local Government Act, 1888 (applying to London). The offices are separated by (English) Local Government (Clerks) Act, 1931 (21 & 22 Geo. 5, c. 45), s. 1, but by s. 2 usually the same person will be appointed to both. See also (English) Local Government Act, 1933 (23 & 24 Geo. 5, c. 51), s. 101; London County Council General Powers Act, 1930 (c. clix.), ss. 26-28.Removal is regulated by 1 Wm. & M. c. 21, and (English) Local Government Clerks Act, 1931 (21 & 22 Geo. 5, c. 45), ss. 2, 3, 4.As to appointment, etc., in a quarter sessions borough, see (English) Municipal Corporations Act, 1882, s. 164....
Solicitor
Solicitor, an officer of the Supreme Court of Judicature, who, and who only, is entitled to 'sue out any writ or process, or commence, carry on, solicit, or defend any action, suit or other proceeding' in any Court whatever (see (English) Solicitors Act, 1932, s. 45). 'Solicitor of the Supreme Court' was the title given by the (English) Judicature Act, 1843, s. 87, to all attorneys, solicitors, and proctors, and continued by (English) Solicitors Act 1932, s. 81. Prior to that Act, 'attorneys' conducted business in the Common Law Courts, 'solicitors' business in the Court of Chancery and 'proctors' ecclesiastical and Admiralty business; but it was the general practice, although any person might be admitted to practise as an attorney or solicitor only, to be admitted to practise as an attorney and solicitor also.Solicitors practise as advocates before magistrates at petty sessions and quarter sessions where there is no bar, in County Courts, at Arbitrations, at Judges' Chambers, Coroners...
Adoption
Adoption, an act by which a person adopts as his own the child of another. Until recently there was no law of adoption in this country though it exists in other countries, as France and Germany, where the civil law (as to which, see Sand. Just.) prevails to any great extent. In 1889 and 1890, Lord Meath introduced Bills in the House of Lords to legalize adoption.By the (English) Adoption of Children Act, 1926 (16 & 17 Geo. 5, c. 29), after the 31st December, 1925, the Court (usually in the Chancery Division) may authorize the adoption of an infant who is under twenty-one years of age, a British subject, and resident in England and Wales, by an applicant who is more than twenty-five years of age, and also twenty-one years older than the infant, unless closely related, and a British subject, resident and domiciled in England or Wales, but a single adopter, only, will be authorized unless two spouses jointly apply. A male may not adopt a female infant unless the court finds special reason...
Prerogative of mercy
Prerogative of mercy. In early times the operation of the Royal Prerogative of Mercy was far wider than at the present day, as it was not only extended to some persons who in later ages would not be considered to have incurred any criminal respon-sibility, e.g., persons who had committed homicide by misadventure or in self-defence (Pollock and Maitland's Hist. Engl. Law, vol. ii., pp. 476 et seq.), but was even extended to jurors who had been attained for an oath that, though not false, was fatuous: ibid. p. 661. The power of pardoning offences is stated by Blackstone to be one of the great advantages of monarchy in general above every other form of government, and which cannot subsist in democracies. Its utility and necessity are defended by him on all those principles which do honour to human nature: see 4 Bl. Com. c. 31, p. 397. In early times, again, there were fewer offences that did not admit of being pardoned. In appeals (i.e., private accusations of felony) which were not the s...
Stipendiary Magistrates
Stipendiary Magistrates, paid magistrates ap-pointed in the Metropolis under the (English) Metropolitan Police Courts Act, 1839; in municipal boroughs, on petition by the council to the Secretary of State, under the (English) Municipal Corporations Act, 1882, s. 161, reproducing s. 99 of the repealed (English) Municipal Corporations Act, 1835; in places of 25,000 inhabitants or more, on like representation by the local board, etc.; under (English) the Stipendiary Magistrates Act, 1863; and in some other places, e.g., Manchester, by special Act of Parliament. They must be barristers of at least seven years' standing in the metropolis and municipal boroughs; under the (English) Stipendiary Magistrates Act, 1863, they may be of five years' standing. By the (English) Stipendiary Magistrates Act, 1858, they may do alone all acts authorized to be done by two justices of the peace. a stipendiary magistrate cannot sit at general or quarter sessions. As to deputies, see 32 & 33 Vict. c. 34 and ...
Status
Status. The legal position or condition of a person. in Roman law this term indicated the position of a persona. A full Roman citizen must have possessed the status liberatatis, famili', and civitatis, which are sometimes called tria capita. See Sandars' Justinian; Mackenzie's Roman Law, 4th Edn. p. 81. The law of status thus classified men as slaves and free, citizens and aliens-as equals and unequals, so that it may be called the law of inequality. Much in the same way the term 'status' is used at the pesent time in connection with the law of persons, in which connection it signifies some disability or special right or treatment by the law.In Scotland, with few exceptions, actions affecting status must be brought in the Court of Session.Status determines a person's legal condition in community by reference to some legal calls or group and cannot normally be voluntarily changed. The imposition of status carries with it attribution of a fixed quota of capacity and incapacities, but it ...
Sheriff (in Scotland)
Sheriff (in Scotland), the chief judge of a county, also called sheriff-substitute, the office of sheriff principal being an intermediate point of appeal between the sheriff-substitute and the Court of Session. His civil jurisdiction extends to all personal actions on contract, bond, or obligation, to the greatest extent; also, by 40 & 41 Vict. c. 50, s. 8, to actions relating to a heritable right where the value of the subject-matter does not exceed 50l. by the year or 1,000l. value, and to all possessory actions, as removings, spuilzies, etc., to all brieves issuing from Chancery in Scotland, as of inquest, terce, division, tutory, etc., and generally to all civil matters not specially committed to other courts. He has also a summary jurisdiction in regard to small debts, as well as a criminal jurisdiction....
Roman Catholics
Roman Catholics. Very severe laws, commonly called the penal laws, were passed against Roman Catholics, generally under the name of Papists (see that title), after the Reformation, an Act of Elizabeth, for instance, 13 Eliz. c. 2, punishing with the penalties of a pr'munire (see that title) any person bringing into this country any Agnus Dei, cross, picture, etc., from Rome; an Act of James, 3 Jac. 1, c. 5, penalizing the sale or purchase of Popish primers; and an Act of William and Mary (11 & 12 Wm. 3, c. 4), punishing any Papist assuming the education of youth with imprisonment for life. Exclusion from Parliament was effected by the requirement of the Declaration against Trans-ubstantiation (see TRANSUBSTANT- IATION) from members of either House by 30 Car. 2, s. 2, and disfranchisement by the requirements of the Oath of Supremacy by 7 & 8 Wm. 3, c. 27, s. 19; while 7 & 8 Wm. 3, c. 24, effected (until 1791) exclusion from the profession of barrister, attorney, or solicitor by requirin...
High Steward, Court of the Lord
High Steward, Court of the Lord, a tribunal instituted for the trial of peers or peeresses indicted for treason or felony, or for misprision of either, but not for any other offence. The office of Lord High Steward is very ancient, and was formerly hereditary, or held for life, or dum bene se gesserit; but it has been for many centuries granted pro hac vice only, and always to a lord of Parliament. When, therefore, such an indictment is found by a grand jury of freeholders in the King's Bench, or at the assizes before a judge of oyer and terminer, it is removed by a writ of certiorari into the Court of the Lord High Steward, which alone has power to determine it.The sovereign, in case a peer be indicted for treason, felony, or misprision, appoints a Lord High Ste-ward pro vice, by commission under the Great Seal, which, reciting the indictment so found, gives him power to receive and try it secundum legem et consuetudinem Angli'. When the indictment is regularly removed by certiorari, ...
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