Territorial Law - Law Dictionary Search Results
Home Dictionary Name: territorial lawLaws in force in the territory of India
Laws in force in the territory of India, the words 'laws in force in the territory of India' in Article 35(b) of Constitution also occur in Article 372, which continue in force existing laws which existed not only in the Provinces of British India but in all Indian States. In the context of these articles, what has to be seen is not whether the State of Hyderabad was part of the territory of India before the commencement of the Constitution but whether its territory is included in India, Director of Industries & Commerce v. V. Venkata Reddy, AIR 1973 SC 827: (1973) 2 SCR 562: (1973) 1 SCC 99. [Constitution of India, Art. 372 & 35 (6)]...
Territorial law
Territorial law, means the law that applies to all persons within a given territory regardless of their citizenship or nationality, Black's Law Dictionary, 7th Edn., p. 1483....
Law in force
Law in force, a law cannot be said to be in force unless it is brought into operation by legislative enactment, or by the exercise of authority by a delegate empowered to bring it into operation. The theory of a statute being in operation in a constitutional sense though it is not in fact in operation has, no validity, State of Orissa v. Chandra Shekhar Singh Bhoi, (1969) 2 SCC 334: AIR 1970 SC 398 (401). [Constitution of India, Art. 13]--the words 'law in force' as used in article 372 of the Constitution are wide enough to include not merely a legislative enactment but also any regulation or order which has the force of law. Edward Mills Co. Ltd. V State of Ajmer, AIR 1955 SC 25 (31): (1955) 1 SCR 735. [Constitution of India, Art. 372]Sales tax could not be charged on pure silken fabrics by the said State Government on Oct. 31, 1966 merely by virtue of the notification dated Aug. 24, 1966. It was, therefore, not a law in force when the composite State was re-organised. S. 88 of the Pu...
military government
military government : the government established by a military commander in conquered territory to administer the military law declared under military authority applicable to all persons in the conquered territory and superseding any incompatible local law ...
Law
Law [fr. lage, lagea, or lah, Sax.; loi, Fr.; legge, Ital.; lex, fr. ligo, Lat., to bind], a rule of action to which men are obliged to make their conduct conformable. A command, enforced by some sanction, to acts or forbearances of a class: see Austin's Jurisprudence; 1 Bl. Com. 38. A principle of conduct may be observed habitually by an individual or a class. When sufficiently formulated or defined to be observed uniformly by the whole of a class it may become a custom; or it may be imposed on all individuals who consent or are unable to resist its application and the sanction or penalty which is imposed for non-compliance, and in that case it becomes a law. If, in addition, the law and its sanction are imposed by, or by authority of a sovereign, the law becomes 'positive' (see Austin's Jurisprudence). Short of positive law the principle may be called a moral or social law. Generally speaking, jurisprudence is concerned only with positive law, and law in its ordinary legal sense mean...
Domicile
Domicile, the place where a person has his home.By the term 'domicile,' in its ordinary acceptation, is meant the place where a person lives or has his home. In this sense the place where a person has his actual residence, inhabitancy, or commorancy, is sometimes called his domicile. In a strict and legal sense, that is properly the domicile of a person where he has his true fixed permanent home and principal establishment, and to which, whenever he is absent, he has the intention of returning (animus revertendi).Two things, then, must concur to constitute domicile: first, residence; and secondly, the intention of making it the home of the party. There must be the fact and intent; for, as Pothier has truly observed, a person cannot establish a domicile in a place except it be animo et facto.From these considerations and rules the general conclusion may be deduced, that domicile is of three sorts: domicile by birth, domicile by choice, and domicile by operation of law. The first is the ...
local law
local law 1 a : a law limited in application to a particular district within a territory called also local act compare general law, public law b : special law 2 : the laws and legal principles and rules of a state other than those concerned with conflicts of law ...
martial law
martial law 1 : the law applied in occupied territory by the military authority of the occupying power 2 : the law administered by military forces that is invoked by a government in an emergency when civilian law enforcement agencies are unable to maintain public order and safety compare military law ...
Lagu
Lagu, law; also used to express the territory or district in which a particular law was in force, Denalagu, Mercna lagu, etc., see Pr'fatio ad Wilk. L. Anglo-Sax. 16...
Extra-territorial operations
Extra-territorial operations, the words 'extra-territorial operation' are used, in two different senses as connoting firstly, laws in respect of acts or events which take place inside the State but have operation outside, and secondly, laws with reference to the nationals of a State in respect of their acts outside, that in its former sense, the laws are strictly speaking intra-territorial though loosely termed 'extra-territorial', and that under Art. 245(1) it is within the competence of the Parliament and of the State Legislatures to enact laws with extra territorial operation in the sense. The words 'laws with extra-territorial operation' in Article 245(2) must be understood in their second and strict sense as having reference to the laws of a State for their nationals in respect of acts done outside the State. Otherwise, the provision would be redundant as regards legislation by parliament and inconsistent as regards laws enacted by States, Bengal Immunity Co. Ltd. v. State of Biha...
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