Still Birth - Law Dictionary Search Results
Home Dictionary Name: still birthStill-birth
Still-birth, means foetal death where a product of conception has attained at least the prescribed period of gestation. [Registration of Births and Deaths Act, 1969 (18 of 1969), s. 2(1)(g)][Latin fr. stilla 'a drop' + cadere 'to fall']...
Birth
Birth, means live-birth or still-birth. [Registration of Births and Deaths Act, 1969 (18 of 1969), s. 2(a)]A complete extrusion of a new born baby from the mother's body; Black's Law Dictionary, 7th Edn....
Infanticide
Infanticide, means (1) The act of killing a newborn child, esp. by the parents or with their consent, in archaic usage, the word referred also to the killing of an unborn child. Also termed child destruction; neonaticide. (2) The practice of killing newborn children. (3) One who kills a newborn child, Black's Law Dictionary, 7th Edn., p. 781.Infanticide, the killing of a child immediately after it is born. The felonious destruction of the feticide, or criminal abortion.In every case in which an infant is found dead, and its death becomes the subject of judicial investiga-tion, the great questions which present themselves for inquiry are:-(1) What is the age of the child?(2) Was the child born alive?(3) If born alive, how long had it lived?(4) If born alive, by what means did it die?If it be proved that its death was owing to violence, it is then to be ascertained who the murderer of it is. If suspicion fall upon the mother, it is to be determined--(1) Whether she has been delivered of ...
Citizenship
Citizenship, citizenship is intimately connected with civic rights under municipal law. Hence, all citizens are nationals of a particular State, but all nationals may not be citizens of the State. In other words, citizens are those persons who have full political rights as distinguished from nationals, who may not enjoy full political rights and are still domiciled in that country, State Trading Corporation of India Ltd. v. Commercial Tax Officer, (1964) 4 SCR 89: AIR 1963 SC 1811 (1819).A person who, by either birth or naturalisation, is a member of a political community, owing allegiance to the community and being entitled to enjoy all its civil rights and protections; a member of a civil state, entitled to all its privileges, Black's Law Dictionary, 7th Edn.In India there is single citizenship. A person is a citizen of India, if (1) he has his domicile in the territory of India, and (a) he was born in the territory of India, or (b) either of whose parents was born in the territory o...
Marriage
Marriage. Marriage as understood in Christendom is the voluntary union for life of one man and one woman, to the exclusion of all others, Hyde v. Hyde, 1866 LR 1 P&D 130. Where a marriage in a foreign country complies with these requirements it is immaterial that under the local law dissolution can be obtained by mutual consent or at the will of either party with merely formal conditions of official registration, and it constitutes a valid marriage according to English law, Nachimson v. Nachimson, 1930, P. 217. Previous to 1753 the validity of marriage was regulated by ecclesiastical law, not touched by any statutory nullity but modified by the Common law Courts, which sometimes interfered with the Ecclesiastical Courts, by prohibition, sometimes themselves decide on the validity of a marriage, presuming a marriage in fact as opposed to lawful marriage. A religious ceremony by an ordained clergyman was essential to a lawful marriage, at all events for dower and heirship; but if in an i...
Scheduled caste
Scheduled caste, article 341 makes it clear that a 'Scheduled Caste' need not be a 'caste' in the conventional sense and, therefore, may not be a caste within the meaning of Article 15(2) or 16(2). Scheduled Castes become such only if the President specifies any castes, races or tribes or parts or groups within castes, races or tribes for the purpose of the Constitution. So, a group or a s. of a group, which need not be a caste and may even be a hotchpotch of many castes or tribes or even races, may still be a Scheduled Caste under Article 341. Likewise, races or tribal communities or parts thereof or part or parts of groups within them may still be Scheduled Tribes (Article 342) for the purpose of the Constitution. Under this definition, one group in a caste may be a Scheduled Caste and another from the same caste may not be. It is the socio-economic backwardness of a social bracket, not mere birth in a caste, that is decisive. Conceptual errors creep in when traditional obsessions ob...
Access
Access, approach, or the means of approaching. The presumption of a child's legitimacy is rebutted, if it be shown by strong, distinct, satisfactory, and conclusive evidence, see Atchley v. Sprigg, (1864) 33 LJ Ch 345, that the husband-whether before or after marriage-had not access to his wife within such a period of time before the birth, as admits of his having been the father. 'If a husband have access, although others, at the same time, are carrying on a criminal intimacy with his wife, a child born under such circumstances is still legitimate': per Alderson, J., in Cope v. Cope, (1833) 5 C&P 604. Neither husband nor wife is admissible as a witness to prove non-access, Goodright v. Moss, (1777) 2 Cowp p. 594. See also Poulett Peerage Case, 1903 AC 395, and Russell v. Russell, 1924 AC 687 see PATERNITY.An owner of land adjoining a highway has a right of access to it where the land adjoins for any kind of traffic required for the reasonable enjoyment of his property, Lyon v. Fishmon...
Chattels or catals
Chattels or catals [fr. Catalla, Lat.; chatel, Fr.; chaptel, Old Fr.]. The word 'catalla' among the Normans primarily signified only beasts of husbandry or, as they are still called, cattle, but in a secondary sense the term was extended to all movables and not only to these but to whatsoever was not a fief or feud or, at a later date, in the nature of freehold or parcel of it. The distinction in the class of chattels survives in the legal meaning of the terms, 'personal chattels,' denoting movable property and 'chattels real,' which concern the realty, such as terms of years of lands or tenements, wardships, the interest of tenant by statute staple, by statute merchant, by elegit, and such like, Co. Litt., 118 b.Chattels personal or in a more narrow and more modern sense, 'chattels' (cf. 'goods and chattels' in the writ of fieri facias) (q.v.), means movable property or effects which belong personally to the owner and for which if they are injuriously withheld from him he has, in gene...
Churchwardens
Churchwardens, anciently styled Church Reeves or Ecclesi' Guardiani, the guardians or keepers of the church, and representatives of the body of the parish; but though in some sort ecclesiastical officers, they are always lay persons. They are a quasi corporation for certain purpose, Withnell v. Gartham, (1795) 6 TR 388 (396), and in the City of London they are a corporation for the purpose of holding lands; but beyond that they are only annual officers, Fell v. Official Trustee of Charity Lands, 1898 (2) Ch 59. They are sometimes appointed by the minister, sometimes by the Vestry and Parochial Church Meeting sitting together (see 11 & 12 Geo. 5 No. 1, s. 13), sometimes by the minister and the meeting together, sometimes one by the minister and another by the meeting, as custom directs. Where there is no custom the election must be according to Canon 89 and s. 13 above, under which they must be chosen by the joint consent of the minister and the meeting, and if they cannot agree, then t...
Company
Company [fr. compagnia, Ital., which word is still printed on Bank of England notes as 'compa'], a body of persons associated for purposes of busi-ness, sometimes, but not now so frequently as some years ago, styled a Joint Stock Company.A company has its origin either (1) in a charter, as the Bank of England and many insurance companies; or (2) in a special Act of Parliament, with which, as authorizing an undertaking of a public nature such as a railway, the Companies Clauses Consolidation Act, 1845 (8 & 9 Vict. c. 16), is necessarily incorporated; or (3) in registration under the Companies Acts, 1862 and subsequent Acts, now consolidated into the (English) Companies Act, 1925 (19 & 20 Geo. 5, c. 23).By s. 13 of the Act of 1925 (1) on the registration of the memorandum of a company the registrar shall certify under his hand that the company is incorporated and, in the case of a limited company, that the company is limited. (2) From the date of incorporation mentioned in the certificat...
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