Supersede - Law Dictionary Search Results
Home Dictionary Name: supersedeSupersede
Supersede, means 'to take the place of by reason of superior right, to make useless by superior power, to replace, to set aside, Food Inspector v. Hameed, (1983) Ker LT 901: (1983) FAJ 443: (1984) 1 FAC 41.The word 'supersede' in law, means 'obliterate, set aside, annul, replace, make void or inefficacious or useless, repeal', Calcutta Municipal Corporation v. Pawan Kumar Saraf, AIR 1999 SC 738 (740): (1999) 2 SCC 400. [Prevention of Food Adulteration Act, 1954, s. 13(3)(5) Proviso]1. To annual, make void, or repeal by taking the place of 2. To invoke or make applicable the right of supersedeas against an award of damages, Black's Law Dictionary, 7th Edn., p. 1452....
supersede
supersede -sed·ed -sed·ing 1 : to subject to postponement or suspension ;esp : to suspend the operation of (a judgment or order) by means of a supersedeas 2 : to take the place of in authority : preempt override 3 : to take the place of and render null or ineffective ...
superseding cause
superseding cause see cause ...
cause
cause 1 : something that brings about an effect or result [the negligent act which was the of the plaintiff's injury] NOTE: The cause of an injury must be proven in both tort and criminal cases. actual cause : cause in fact in this entry but-for cause : cause in fact in this entry cause in fact : a cause without which the result would not have occurred called also actual cause but-for cause concurrent cause : a cause that joins simultaneously with another cause to produce a result called also concurring cause compare intervening cause and superseding cause in this entry di·rect cause : proximate cause in this entry ef·fi·cient in·ter·ven·ing cause : superseding cause in this entry intervening cause 1 : an independent cause that follows another cause in time in producing the result but does not interrupt the chain of causation if foreseeable called also supervening cause compare concurrent cause and superseding cause in this entry 2 : super...
merger
merger 1 : the absorption of a lesser estate or interest into a greater one held by the same person compare confusion 2 : the incorporation and superseding of one contract by another 3 a : the treatment (as by statute) of two offenses deriving from the same conduct such that a defendant cannot be or is not punished for both esp. when one offense is incidental to or necessarily included in the other [a of offenses in a statute] [a of convictions] b : the doctrine according to which such offenses must be merged compare double jeopardy NOTE: Merger commonly involves the interpretation of statutes and legislative intent in deciding whether two or more offenses deriving from the same conduct remain distinct. 4 : a doctrine in civil litigation: a judgment in favor of a plaintiff incorporates and supersedes the cause of action and any claims based on it and requires that further litigation in the case by the defendant be concerned with the judgment itself compare bar estoppel by judg...
Statutory release
Statutory release, a conveyance which superseded the old compound assurance by lease and release. It was created by 4 & 5 Vict. c. 21 (repealed, as being superseded by subsequent legislation, by the Stat. Law Rev. Act, 1874, No. 2), which abolished the lease for a year. See RELEASE....
Specific performance
Specific performance. Equity, in obedience to the cardinal rule of natural justice that a person should perform his agreement enforces, pursuant to a regulated and judicial discretion, the actual accomplishment of a thing stipulated for, on the ground that what is lawfully agreed to be done ought to be done, and that damages at law for breach of the contract are not a sufficient com-pensation. The Common Law has not recognized this principle; it has only given damages to a suffering party for the non-performance of an executory agreement. The (English) C.L.P. Act, 1854, however, imparted to the Common Law writ of mandamus a little more efficacy by provisions since superseded by s. 24 of the Judicature Act, 1873, now by Judicature Act, 1925, s. 36, and the (English) Mercantile Law Amendment Act, 1856, introduced a procedure for enforcing the specific delivery of goods sold, specially superseded by s. 52 of the (English) Sale of Goods Act, 1893.An award of damages may be combined with a ...
Magna Carta
Magna Carta, [Latin 'great charter'] The English charter that King John granted to the barons in 1215 and Henry III and Edward I later confirmed. It is generally regarded as one of the great common-law documents and as the foundation of constitution liberties. The other three great charters of English Liberty are the Petition of Right (3 Car. (1628)), the Habeas Corpus Act (31 Car. 2 (1679)), and the Bill of Rights (1 Will. SM. (1689)). Also spelled Magna charta, Black's Law Dictionary, 7th Edn., p. 963.This Great Charter is based substantially upon the Saxon Common Law, which flourished in this kingdom until the Normaninvasion consolidated the system of feudality, still the great characteristic of the principles of real property. The barons assembled at St.Edmund's Bury, in Suffolk, in the later part of the year 1214, and there solemnly swore upon the high alter to withdraw their allegiance from the Crown, and openly rebel, unless King John confirmed by a formal charter the ancient li...
Lighting and Watching Act, 1833
Lighting and Watching Act, 1833 (English) (3 & 4 Wm. 4, c. 90), superseding 2 Go. 4, c. 27. An Act which may be adopted in any parish by the votes of a majority of two-thirds of the ratepayers, and which, if adopted, regulates the lighting of the parish 'by gas, oil, or otherwise' (s. 45), and the appointment (s. 39), employment, and dismissal of watchmen or constables therein. The Act may be abandoned in three years after adoption (s. 15).The Act was repealed as to the metropolis by the (English) Sanitary Act, 1866 (29 & 30 Vict. c. 90), s. 35, and is superseded by the (English) Public Health Act in districts where that Act is in fore [see (English) Public Health Act, 1875 (38 & 39 Vict. c. 55), s. 163].In a rural parish the parish meeting has exclusive power of adoption by virtue of s. 7 (1) (a) of the Local Government Acts, 1894 and 1933 (23 & 24 Geo. 5, c. 51), ss. 307 and 308, Sched. II. By the Rating and Valuation Act, 1925 (15 & 16 Geo. 5, c. 90), s. 3 (1), the rate is to be lev...
Land-tax
Land-tax, means a tax laid upon land and houses, which in 1689 (1 Will. & Mary, c. 3) superseded all the former methods of taxing either property or persons in respect of their property, whether by tenth or fifteenths, subsidies on land, hydages, scutages, or talliages. Although generally a charge upon a landlord, yet it is a tax neither on landlord nor tenant, but on the beneficial proprietor, as distinguished from the mere tenant at rack-rent; and if a tenant have to any extent a beneficial interest, he becomes liable to the tax pro tanto, and can only charge the residue on his landlord. Houses and buildings appropriated to public purposes are not liable to land-tax. As to its origin and inequality, see 3 Hall. Cons. Hist. 135; Miller on the Land-tax; Bourdin on Land-tax.The more agricultural counties, upon which the burden of the tax has fallen most heavily by reason of the depreciation in value of agricultural land, were greatly relieved by s. 31 of the (English) Finance Act, 1896,...
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