Text Book - Law Dictionary Search Results
Home Dictionary Name: text bookText book
Text book, involve either some original matter contributed and published by the author, or it may even include an intelligent selection of the work of another author or authors for use in schools. It may also include some books which have been copyrighted, if the scheme of the book or books involves a graduated or considered study or training in the particular subject like say, books of drawing, it might be said to be a textbook, Gopala Chetty v. Director of Public Instruction, Mysore, AIR 1955 Mys 81: 1955 ILR Mys 203.A legal treatise which lays down principles or collects decisions on any branch of the law--e.g., Mayne on Damages; Chitty on Contracts, etc.; Darton Vendors and Purchasers. They are, of course, not binding on the Court, but some of them are by general consent treated as guiding authorities: see Ecclesiastical Commissioners v. Parr, (1894) 2 QB 428, per Lord Esher, M.R. Text-books written by living authors who are practising barristers are not cited in the courts as auth...
Recommendation and prescription
Recommendation and prescription, there is a basic distinction between recommendation and pres-cription of a text book. When a text book is pres-cribed by an appropriate authority having legal power to do so, it has to be followed by the schools. Prescription of a text book carries with it a binding obligation to follow the text book. There is no such obligation when a text book is merely recommen-ded. Recommendation has merely a persuasive effect, it being open to the schools to accept the recommendation or to reject it as they think fit, Naraindas Indurkhya v. State of Madhya Pradesh, AIR 1974 SC 1232: (1974) 4 SCC 788: (1974) 3 SCR 624....
Manual
Manual, the word 'manual' means and implies a small book for handy use and includes a reference book, a hand book as also a text book, Commissioner of Customs v. Parasrampuria Synthetics Ltd., (2001) 9 SCC 74: AIR 2001 SC 3501 (3506)....
American Law
American Law. A term generally applied to the law of the United States of America which is based, in the main, on the common law of England. The law of Louisiana, however, is derived from the Code Napoleon. Though the decisions of the Courts of the United States are often helpful in elucidating analogous questions, and accordingly are frequently quoted in text-books by English writers and sometimes cited in argument, they have no binding effect upon any English Court. America, however, it need scarcely be said, has produced lawyers and text-writers of the highest eminence, and such works as those of Wheaton, Story, and Professor Gray are in constant use in this country....
Ante
Ante, occurring in a report or a text-book, is used to refer the reader to a previous part of the book....
Possibility on a possibility
Possibility on a possibility. Lord Coke lays it down as a rule that the event on which a remainder is to depend must be a common possibility, and not a double possibility, or a possibility on a possibility, which the law will not allow. Thus he tells us that the chance that a man and a woman, both married to different persons, shall themselves marry one another is but a common possibility. But the chance that a married man shall have a son named Geoffrey is stated to be a double or remote possibility; see Williams on Real Property; 2 Rep. 51 a; 10 Rep. 50 b; Co. Litt. 184 a. The idea that there cannot be a possibility and a possibility seems to have been a conceit invented by Popham, C.J., but it was never really intelligible, Whitby v. Mitchell, (1890) 44 Ch D p. 92, per Lindley, LJ, and never applied to trusts of personal estate [Re Bowles, (1902) 2 Ch 650]. It gave rise, however, to the rule, now well settled in regard to limitations and trusts of realty created by instruments comin...
Text
Text, the word 'text', in its dictionary meaning, means 'subject or theme'. When an enactment amends the text of another, it amends the subject or theme of it, though sometimes it may expunge unnecessary words without altering the subject. The word 'text' is comprehensive enough to take in the subject as well as the terminology used in a statute, Jethanand Betab v. State of Delhi, AIR 1960 SC 89 (92): (1960) 1 SCR 755. (General Clause Act, 1897, s. 6A)...
Factory
Factory, a place where a number of traders reside in a foreign country for the convenience of trade; also a building in which goods are manufactured.In the Factory and Workshop Act, 1901, 'Factory' means by s. 149 'textile factory and non-textile factory, or either of those descriptions of factories.'The expression 'textile factory' means any premises wherein or within the close or curtilage of which steam, water or other mechanical power is used to move or work any machinery employed in preparing, manufacturing or finishing or in any process incident to the manufacture of cotton, wool, hair, silk, flax, hemp, jute, tow, china-grass, cocoanut fibre or other like material, either separately or mixed together or mixed with any other material, or any fabric made thereof:Provided that print works, bleaching and dyeing works, lace warehouses, paper mills, flax scutch mills, rope works and hat works shall not be deemed to be textiles factories.'Tenement factory' means a factory when mechanic...
Misprision
Misprision [fr. mepris, Fr.], neglect, negligence, or oversight.All such high offences as are under the degree of capital, but nearly bordering thereon, are misprisions; and it is said that a misprision is contained in every treason and felony whatsoever, and that, if the Crown so please, the offender may be proceeded against for the misprision only. And upon the same principle, while the court of Star Chamber existed, it was held that the sovereign might remit a prosecution for treason, and cause the delinquent to be censured in that Court, merely for a high misdemeanour; as in the case of Roger, Earl of Rutland, in 43 Eliz., concerned in Essex's rebellion. Every great misdemeanour, according to Coke, which has no certain term appointed by the law, is sometimes called a misprision.Misprisions are divided in the text-books into two kinds:-(1) Negative, the concealment of what ought to be revealed; such is misprision of treason, the bare knowledge and concealment of treason without any ...
Book
Book, the 'book' in common acceptation is a literary composition from which one may extend or advance his or her knowledge and learning, Commr. of Customs v. Parasrampuria Synthetics Ltd., (2001) 9 SCC 74 (82).--For the purposes of s. 15 of the Copyright Act,1911, dealing with the delivery of books to certain libraries, the expression 'book' includes every part or division of a book, pamphlet, sheet of letter-press, sheet of music, map, plan, chart or table separately published, but not a second or subsequent edition of a book unless such edition contains additions or alterations either in the letterpress, or in the maps, prints, or other engravings belonging thereto. By s. 15 a copy of every book published in the United Kingdom must be sent to the British Museum, and on written demand to the Bodleian Library, Oxford, the University Library, Cambridge, the Library of the Faculty of Advocates at Edinburgh, and the Library of Trinity College, Dublin, and subject to certain provisos the N...
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