Subject To The Provisions Of This Act - Law Dictionary Search Results
Home Dictionary Name: subject to the provisions of this actSubject to the provisions of this Act
Subject to the provisions of this Act, the expression 'Subject to the provisions of this Act' merely means that if there are any provisions regulating the Board in the matter of supplying electricity to any person not being a licensee, then the supply by the Board will be subject to those provisions, Mysore State Electricity Board v. Bangalore Woollen Cotton and Silk Mills Ltd., AIR 1963 SC 1128 (1136): 1963 Supp (2) SCR 127. [Electricity (Supply) Act, 1948, s. 49]...
Overcrowding
Overcrowding. By Part IV. of the (English) Housing Act, 1936 (26 Geo. 5 and 1 Edw. 8), s. 58, it is provided that a dwelling-house shall (subject to the provisions of the Act) be deemed for the purposes of the Act to be overcrowded at any time when the number of persons sleeping in the house either.(a) is such that any two of those persons being 10 years old or more of opposite sexes and not living together as husband and wife sleep in the same room, or(b) is in relation to the number and floor area of the rooms of which the house consists, in excess of the permitted numbers defined in the 5th Sched. To the Act, i.e., in effect--TABLE IRooms. Persons.(a) 1 2(b) 2 3(c) 3 5(d) 4 7 1/2(e) 5 10andTABLR II (in the aggregate)Square feet. Persons.110 290 to 110 1 1/270 to 90 150 to 70 1/2Children under 1 year old do not count; from 1 to under 10 are reckoned as half.After the appointed day overcrowding is made an offence on the part of the occupier as well as (subject to statutory provisions)...
Lien
Lien [answering to the tacita hypotheca of the Civil Law], a right in one man to retain that which is in his possession belonging to another, until certain demands of the person in possession are satisfied. It is neither a jus in re, nor a jus ad rem--i.e., it is not a right of property in the thing itself, or right of action to the thing itself.It is either particular, as a right to retain a thing for some charge or claim growing out of, or connected with, the identical thing; or general, as a right to retain a thing not only for such charges or claims, but also for a general balance of accounts between the parties in respect to other dealings of the like nature.General and particular liens may arise: (1) by an express contract; (2) by an implied contract, resulting from the usage of trade, or the manner of dealing between parties. General lines are not favoured in law, but some judicially recognized general lines are bankers', solicitors', factors', stockbrokers'. See Halsb. L.E., ti...
Separate estate
Separate estate. The Common Law did not allow a married woman to posses any property independently of her husband, but when property was settled to her separate use and benefit, equity treated her, in respect to that property, as a feme sole, or unmarried woman. A wife's separate property might be acquired by a pre-nuptial contract with her husband, or by gift, either from the husband, or from any other person. the (English) Married Women's Property Act, 1882 (see MARRIED WOMEN'S PROPERTY), almost abolished the Common Law distinction between married and unmarried women in respect of property, and the amending (English) Act of 1893 (56 & 57 Vict. c. 63) provided (s. 1) that:-1. Every contract hereafter entered into by a married woman otherwise than as agent,(a) shall be deemed to be a contract entered into by her with respect to and to bind her separate property whether she is or is not in fact possessed of or entitled to any separate property at the time when she enters into such contr...
King
King, the head and governor of a country. The King, under his present style or title, George VI., by the Grace of God of the United Kingdom of Great Britain and Northern Ireland and the British Dominions beyond the Seas, King, Defender of the Faith, Emperor of India, derives his title from the Act of Settlement of 1700 (12 & 13 Wm. 3, c. 2), by which the Crown 'of England, France and Ireland' was settled, after the death of William III. and Princess Anne without issue on the Electress Sophia of Hanover 'and the heirs of her body being Protestants'; the Union with Scotland Act, 1706 (6 Anne, c. 11), which constituted one kingdom of Great Britain; and the Union with Ireland Act, 1800 (39 & 40 Geo. 3, c. 67), as varied by the Government of Ireland Act,1920 (10 & 11 Geo. 5, c. 67), and the Royal and Parliamentary Titles Act, 1927 (17 Geo. 5, c. 4), whereby 'United Kingdom' shall, on and after the 12th April, 1927, mean Great Britain and Northern Ireland, Southern Ireland having ceased to b...
Tenure
Tenure, cannot be equated with 'terms and con-ditions of services' or payment of gravity or pension. Tenure when followed by words of office, means term of office, Punjab University v. Khalsa College, Amritsar, AIR 1971 P&H 479: 1971 Cur LJ 334.Means a right, term, or mode of holding lands or tenements in subordination to a superior; in fendal times, real property was held predominantly as part of a tenure system, Black's Law Dictionary, 7th Edn., p. 1481.Tenure, the mode of holding property. The only tenures in land now existing with a few unimpor-tant exceptions are (1) free and common socage in fee-simple, including enfranchised copyhold, which is subject to paramount incidents; and (2) a term of years absolute (see LAND). The idea of tenure or holding is said to derive from feudalism, which separated the dominium directum (the dominion of the soil), which it placed mediately, or immediately, in the Crown, from the dominium utile (the possessory title), the right to use the profits ...
Colonial Laws (English)
Colonial Laws (English). The validity of laws passed by colonial legislature is established by the Statute of Westminster, 1931, which enacts, subject to the provisions of the Act, that the Colonial Laws Validity Act, 1865, shall not apply to any law made after December 11th, 1931, by the Parliament of a Dominion. Also that no law made by the Parliament of a Dominion be void on the ground that it is repugnant to the law of England. The Colonial Laws Validity Act, 1865 (28 & 29 Vict. c. 63) enacts that no colonial law shall be void for repugnancy to the law of England, unless it be repugnant to the provisions of some Act of Parliament extending to the colony, or to any Order made under authority of such Act, or having in the colony the force and effect of such Act. In the case of such repugnancy the colonial law shall be void to the extent thereof and not otherwise. By the same Act all colonial legislatures are empowered to establish courts of judicature, and to abolish and reconstitute...
Northern Ireland
Northern Ireland, that part of Ireland other than the Irish Free State. By the Government of Ireland Act, 1926, s. 1, Northern Ireland consists of six counties: Antrim, Armagh; Down, Fermanagh, Londonderry, and Tyrone, including boroughs of Belfast ad Londonderry, with (1) a representation of 13 members (including one from the Queen's University of Belfast) in the Parliament of the United Kingdom and Northern Ireland (see IMPERIAL Parliament), and (2) a Parliament of Northern Ireland, consisting of the King, a Senate and a House of Commons. The supreme authority of the Imperial Parliament is preserved. The Royal Assent is given to Bills by the Governor of Northern Ireland. The Senate consists of 24 members, 22 elected by the House of Commons of Northern Ireland, and 2 (as ex-officio members), the Lord Mayor of Belfast and the Mayor of Londonderry. The House of Commons consists of 52 members. Certain legislative powers are reserved for the Imperial Parliament; see ss. 4 et seq. Of the A...
Bona vacantia
Bona vacantia, things found without any apparent owner which belong to the first occupant or finder, unless they be whale or sturgeon, wreck, treasure trove, waifs or estrays (see those titles), which belong to the Crown by virtue of its prerogative. So personal property held on trusts which have failed, or held in trust for a corporation which has been dissolved, belongs to the Crown as bona vacantia; see Re Higginson, (1898) 1 QB 325, and cases there cited. By the (English) Companies Act, 1929, s. 296, the property of a dissolved company including property held on trust for it shall, subject to the provisions of the Act, become bona vacantia. Before the Act was passed freehold and leasehold property reverted to the grantor. Hastings Corporation v. Letton, (1908) 1 KB 378, s. 296 is not retrospective, Re Katherine Ltd., (1932) 1 Ch 70, and (1933) 2 Ch 29. As to the rights of the Crown, the Duchy of Lancaster or the Duke of Cornwall to bona vacantia, see (English) Administration of Est...
Drainage
Drainage, Sanitary.--Drainage for sanitary purposes is regulated by Part II, ss. 14-52, of the (English) Public Health Act, 1936, which provides (s. 39) that local authorities may enforce drainage of undrained houses, etc.Agricultural.--Drainage for agricultural purposes is provided for by the (English) Land Drainage Act, 1930 (20 & 21 Geo. 5, c. 44), which provides for the constitution of drainage districts with their respective drainage boards, which districts are to consist of catchment areas or other drainage districts and any drainage districts or areas constituted under the (English) Land Drainage Act, 1861 (24 & 25 Vict. c. 133), and any subsequent enactment subject to the provisions of the Act of 1930. Catchment Boards are appointed partly by the Minister of Agriculture and Fisheries and partly by local authorities within the catchment area and partly by the Minister consulting internal Drainage Boards; see s. 3 of the (English) L.D. Act, 1930. Drainage Boards are elected by ow...
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