Statutory Order - Law Dictionary Search Results
Home Dictionary Name: statutory orderStatutory Order
Statutory Order. See STATUTORY RULES...
Limitation of actions and prosecutions
Limitation of actions and prosecutions. By various statutes, of which the first was 21 Jac. 1, c. 16, the (English) Limitation Act, 1623, and the principal succeeding ones, the Real Property Limitation Act, 1833 (3 & 4 Will. 4, c. 42), the (English) Civil Procedure Act (3 & 4 Will. 4, c. 27) [see Read v. Price, (1909) 2 KB 724], and 37 & 38 Vict. c. 57, the (English) Real Property Limitation Act, 1874, certain periods are fixed within which, upon the principle Interest reipublic' ut sit finis litium, particular actions must be brought or proceedings taken.In the case of simple contract the remedy on the contract is barred, leaving the creditor free to enforce his claims by other means which may be still available, such as enforcing a lien, subsequent acknowledgment by the debtor or appropriation of payments, but not by way of set-off (9 Geo. 4, c. 14, s. 3). In regard to land, the right to it is destroyed after the statutory period and neither re-entry nor acknowledgment after the laps...
Statutory Rules and Orders
Statutory Rules and Orders. Very numerous Acts of Parliament, especially those passed in recent years, empower the Sovereign in Council, some Govern-ment Department, or Courts of Justice, to make rules, having the same effect as the statute under which they are made, to regulate details left unprovided for by such statute. Thus, there are the Bankruptcy Rules regulating the practice under the Bankruptcy Acts; the Rules of the Supreme Court, regulating the practice of the High Court and the Court of Appeal; Orders of the Ministries of Health, Labour, etc., and Orders of the Ministry of Agriculture and Fisheries, under the (English) Diseases of Animals Act, 1894, and other Acts; and hundreds of other rules, orders, and regulations, in some cases requiring to be laid before Parliament, and in other cases not, and in some cases required to be published in the London, Edinburgh, or Dublin Gazette, and in others not.The (English) Rules Publication Act 1893 (56 & 57 Vict. c. 66), directs that...
Statutory tenant
Statutory tenant, a person remaining in occupation of premises let to him after the determination of or expiry of the period of the tenancy is commonly, though in law not accurately, called a statutory tenant. Statutory tenant being a person who enjoys the status of irremovability, would enjoy the protection of the statute until he is evicted from the premises under the enabling provisions of the statute. A statutory tenancy would, therefore, come to an end on either the surrender of premises by such a tenant or if a decree of eviction, Biswabani Pvt. Ltd. v. Santosh Kumar Dutta, AIR 1980 SC 226: (1980) 1 SCR 650: (1980) 1 SCC 185.Statutory tenant, a tenant continuing in possession of a rented land or building after its termination of tenancy is 'statutory tenant', AIR 1989 P&H 9(10). [Haryana Urban Control of Rent and Eviction) Act, 1973, s. 4(2)(b)]Statutory tenant, can be described more conveniently as a tenant whose contractual tenancy has been terminated, Ratanlal v. Raniram, 1986...
Mandamus
Mandamus [we command). (1) A high prerogative writ of a most extensive remedial nature. In form it is a command issuing in the King's name from the King's Bench Division of the High Court only, and addressed to any person, corporation, or inferior court of judicature requiring them to do something therein specified, which appertains to their office, and which the court holds to be consonant to right and justice. It is used principally for public purposes, and to enforce performance of public duties. It enforces, however, some private rights when they are withheld by public officers.It is a general rule that this writ is only to be issued where a party has no other specific remedy; and he must apply to the court without delay. the jurisdiction is altogether in the discretion of the court. It can only be obtained from the King's Bench Division, and on motion, and not in an action; [(English) R.S.C., Ord. LIII., r. 4]. For rules of procedure, see (English) Crown Office Rules, 1906, rr. 49...
Statutory owner
Statutory owner. Defined by the (English) Settled Land Act, 1925, s. 117 (1) (xxvi.), as the trustees of the settlement or other persons who, during the minority, or at any other time when there is no tenant for life, have the powers of a tenant for life under that Act, but does not include the trustee of the settlement, where, by virtue of an order of the Court or otherwise, the trustees have the power to convey the settled land in the name of the tenant for life. Where land has been devised to an infant, the personal representatives, in other cases, the trustees of the settlement, may be statutory owners: ss. 23 and 26; see also s. 110 (ibid.)....
Order in Council
Order in Council, an order made by the Sovereign 'by and with the advice of His Majesty's Privy Council.' Such orders are now largely used for the purpose of completing the Administrative part of Acts of Parliament. The Government of the day is responsible for them, and they are usually issued in a complete form from the administrative department concerned, the authorization by the Privy Council being a mere formality. As pointed out by Lord Parker in The Zamora (1916) 2 AC 90, neither the King in Council nor any branch of the Executive has power to prescribe or alter the law by Order in Council, save when expressly authorized by statute. See STATUTORY RULES....
Exchange, Deed of
Exchange, Deed of [fr. excambium, Lat.], an original Common Law conveyance, for the reciprocal transfer of interests ejusdem generis, as fee simple for fee simple, legal estate for legal estate, copyhold for copyhold of the same manor, and the like the one in consideration of the other. It takes place between two distinct contracting parties only, although several persons may compose each party. The operative and indispensable verb was 'exchange,' which no longer implies a general warranty or right of re-entry [(English) L.P. Act, 1925, s. 59, replacing Real Property Act, 1845 (8 & 9 Vict. c. 106), s. 4]. An actual entry upon the pro-perty exchanged by the parties themselves to the deed was essential. The exchange was void if either party died before entry, for, under such cir-cumstances, the parties had no freehold in them, for the heir could not enter and take as a purchaser, because he took under the deed, only by way of limitation in course of descent, but by the L.P. Act, 1925, s....
Statutory Declarations Act, 1835
Statutory Declarations Act, 1835 (English) (5 & 6 Wm. 4, c. 62), which substitutes declarations for oaths in a large number of cases.The expression 'statutory declaration' in a statute means declaration under the above Act, Interpretation Act, 1889, s. 21.As to the punishment if a person 'knowingly and wilfully makes a statement false in a material particular' in a statutory declaration see (English) Perjury Act, 1911, s. 5....
Statutory tenancy
Statutory tenancy, 'statutory tenancy' is a con-venient expression for referring to a tenant whose tenancy has been terminated and who would be liable to be evicted but for the protecting statute, Damadilal v. Parashram, AIR 1976 SC 2229: (1976) 4 SCC 855: (1976) Supp SCR 645. [M.P. Accomoda-tion Control Act, 1961, s. 2(1) and 14]Statutory tenancy, is a mere status of irremovability. It commences after the contractual tenancy has come to an end in any manner provided by law, Nagar Palika Nigam, Gwalior v. Rajeshwar Dayal, 1996 MPLJ 97....
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