State Law - Law Dictionary Search Results
Home Dictionary Name: state law Page: 5Duly stamped
Duly stamped, an instrument can be said to be duly stamped only if it bears stamps of the amount and description in accordance with the law of the State concerned, the law including not only the Act, but also the rules framed under the Act, New Control Jute Mills Co. v. State of West Bengal, AIR 1963 SC 1307 (1311): (1964) 1 SCR 535. [Uttar Pradesh Stamp Rules, 1942, R.3]As applied to an instrument, means that the instrument bears an adhesive or impressed stamp of not less than the proper amount and that such stamp has been affixed or used in accordance with law for time being in force in India. [Indian Stamp Act, 1899, s. 2 (11)]Levy of duty, the duty is levied under the statutory provision and not under the discretion of the authorities under the provision, Khoday India Ltd. Anekal v. State of Karnataka, 2007 (3) Kar LJ 162...
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...
mistake
mistake 1 : an unintentional error esp. in legal procedure or form that does not indicate bad faith and that commonly warrants excuse or relief by the court [the court's power to revise a judgment because of fraud, , or irregularity] [a clerical ] 2 : an erroneous belief: as a : a state of mind that is not in accordance with the facts existing at the time a contract is made and that may be a ground for the rescission or reformation of the contract b : a misconception at the time of an offense alleged by a defendant mistake of fact 1 : a mistake regarding a fact or facts esp. that significantly affects the performance of a contract 2 : a criminal defense that attempts to eliminate culpability on the ground that the defendant operated from an unintentional misunderstanding of fact rather than from a criminal purpose mistake of law : a mistake involving the misunderstanding or incorrect application of law in regard to an act, contract, transaction, determination, or state of aff...
supremacy clause
supremacy clause often cap S&C : a clause in Article VI of the U.S. Constitution that declares the constitution, laws, and treaties of the federal government to be the supreme law of the land to which judges in every state are bound regardless of state law to the contrary ...
deed
deed 1 : something done : act [my free act and ] 2 : a written instrument by which a person transfers ownership of real property to another see also deliver, grantee, grantor, recording act, registry, title compare certificate of title NOTE: A deed must be properly executed and delivered in order to be effective. Additionally, the grantor must have freely intended to make the transfer at the time of the conveyance. Deeds are recorded at the local registry of deeds to give notice of ownership. bargain and sale deed 1 : a contract resulting from a bargain between a buyer and a seller of real property that creates a use in the buyer and therefore transfers title to the buyer by operation of law 2 : a deed in which the grantor makes no warranties of title to the grantee deed of trust : an instrument securing a debt in which a debtor conveys the legal ownership of real property to a trustee to be held in trust for the benefit of the creditor or to be sold upon the debtor's defaul...
State Government
State Government, has the same meaning as in the West Bengal Panchayat Act, 1973 (West Ben. Act 41 of 1973). [West Bengal Panchayat Elections Act, 2003, s. 2(25)]State Government, in relation to a Union territory, includes the Administrator of that Union territory appointed by the President under Art. 239 of the Constitution. [Private Security Agencies (Regulation) Act, 2005, s. 2(i)]State Government, in relation to a Union territory, means the Administrator thereof. [Beedi and Cigar Workers (Conditions of Employment) Act, 1966 (32 of 1966), s. 2(o)]State Government, is headed by the Governor who exercises the executive powers of the State. [Constitution of India, Art. 154(1)]State Government, its executive powers extend to the matters on which the State Legislature is em-powered to make laws, Constitution of India, Art. 162.Means a State Government of the State in which a Special Economic Zone is established or proposed to be established. [Special Economic Zones Act, 2005, s. 2(zb)]Me...
Public prosecutor
Public prosecutor, means a Public Prosecutor or an Additional Public Prosecutor or a Special Public Prosecutor appointed under s. 28 and includes any person acting under the directions of the Public Prosecutor. [Prevention of Terrorism Act, 2002 (15 of 2002), s. 2(1)(e)]Means any person appointed under s. 24, and includes any person acting under the directions of a Public Prosecutor. [ Code of Criminal Procedure, 1973 (2 of 1974), s. 2 (u)]The 'Public Prosecutor' is the counsel for the government for conducting prosecution on behalf of the State Government or the Central Govern-ment as the case may be. He is an officer and like every advocate practicing before court, he owes an obligation to the court to be fair and just, Sheonandan Paswan v. State of Bihar, AIR 1987 SC 877: (1987) 1 SCC 288: (1987) 1 SCR 702.The King, in whose name criminal are prosecuted, because all offences are said to be against the King's peace, his Crown and dignity. By the (English) Prosecution of Offences Act,...
Act of Parliament
Act of Parliament, a law made by the sovereign, with the advice and consent of the Lords spiritual and temporal, and the Commons, in Parliament assembled (1 Bl. Com. 85); but, in the case of an Act passed under the provisions of the (English) Parliament Act, 1911, a law made by the sovereign 'by and with the advice and consent of the Commons in this present Parliament assembled in accordance with the provisions of the Parliament Act, 1911, and by authority of the same'; also called a 'statute.'Means a bill passed by two Houses of Parliament and assented to by the President and in the absence of an express provision to the contrary, operative from the date of notification in the Gazette, Handbook for Members of Rajya Sabha, April, 2002.Means an action; a thing done or established; a written law formally passed by the legislative power of a State; a Bill enacted by the legislature into a law, as distinguished from a bill which is in the form of draft of a law or legislative proposal pres...
state
state often attrib 1 a : a politically organized body of people usually occupying a definite territory ;esp : one that is sovereign b : the political organization that has supreme civil authority and political power and serves as the basis of government see also compelling state interest at interest, separation of church and state c : a government or politically organized society having a particular character [a police ] 2 : the operations or concerns of the government of a country : the sphere of administration and supreme political power of a country (as in international relations) [secrets of ] [affairs of ] 3 a : one of the constituent units of a nation having a federal government ;specif : one of the fifty such units comprising the great part of the U.S. see also state law b : the territory of a state ...
Equality before law and equal protection of laws
Equality before law and equal protection of laws, Article 14 of the Constitution enjoins upon the State not to deny to any person 'Equality before law' or the 'equal protection of laws' within the territory of India, the two expressions do not mean the same thing even if there may be much in common. The word 'law in the former expression is used in a generic sense, a philosophical sense- whereas the word 'laws' in the latter expression denotes specific laws in force, Srinivaso Theatre v. Govt. of Tamil Nadu, AIR 1992 SC 999 (1004): (1992) 2 SCC 643. (Constitution of India, Art. 14)...
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