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Public health

Public health. The first (English) Public Health Act was passed in 1848 (11 & 12 Vict. c. 63); this was an adoptive Act not applying to London, and forms the foundation of modern sanitary legislation. It was followed by some twenty nine amending Acts which were repealed and consolidated by the Public Health Act, 1875 (the Local Government Act, 1933 (23 & 24 Geo. 5, c. 51), repeals certain sections of this Act, re-enacting them with amendments), which thus formed a sanitary code for England outside the metropolis. This Act has been since amended and extended by subsequent statutes. The latest is the Public Health Act, 1936 (26 Geo. 5 and 1 Edw. 8, c. 49), which, as from 1st October, 1937, consolidates many of the provisions of earlier legislation, without, however, repealing parts of the Public Health Acts of 1875, 1890, 1907 and 1925. The Act repeals and replaces among other enact-ments and as from various dates respectively provided by the Act: the whole of the Baths and Wash-houses A...


Re-entry

Re-entry, the resuming or retaking that possession which one has lately foregone. A clause of this nature, called a 'proviso for re-entry,' is inserted in every properly drawn lease, empowering the lessor to re-enter upon the demised premises if the rent is in arrear for a certain period, e.g., twenty-one days, or if there shall be any breach of the lessee's covenants. A proviso for re-entry, strictly speaking, is only applicable to corporeal hereditaments; see Sitwell v. Londesborough (Earl of), (1905) 1 Ch 465. A proviso for re-entry for breach of covenant has been denounced by a judge of the greatest eminence as 'a most odious stipulation', Hodgkinson v. Crowe, (1875) LR 10 Ch 626, per Sir Wm. James, L.J., but in practice is certainly common enough. A proviso confined to the case of non-payment of rent is a 'usual' stipulation: see Re Anderton, (1890) 45 Ch D 476. A lease under the Settled Land Act, 1882, must contain a condition of re-entry on the rent not being paid within a speci...


Religious endowment or endowment

Religious endowment or endowment, the ex-pression 'religious endowment' or 'endowment' has been defined in clause (11) of s. 9 as follows: 'Religious endowment' or 'Endowment' means all property belonging to, or given or endowed for the support of maths or temples or for the performance of any service or charity connected therewith and includes the premises of maths or temple but does not include gifts of property made as personal gifts or offerings to the head of a math or to the archaka or other employee of a temple. It follows that 'all property' belonging to, or given or endowed for the support of a temple or for the performance of any service or charity connected with the temple will constitute its endowment, including the premises of the temple, Commissioner v. Sri Ratnavarma Heggade, AIR 1977 SC 1848: (1977) 1 SCC 525: (1977) 1 SCR 889....


Requires

Requires, the word 'requires' in s. 13(1)(g) of the Bombay Rents Hotel and Lodging House Rates (Control) Act, 1947 means that there must be an element of need before a landlord can be said to 'require' premises for his own use and occupation. It is not enough that the landlord should merely desire to use and occupy the premises. What is necessary is that he should need them for his own use and occupation, Phiroze Bamanji Desai v. Chandarkant M. Patel, AIR 1974 SC 1059 (1063): (1974) 1 SCC 661: (1974) 3 SCR 267.The word 'require' in s. 18 of the Land Acquisition Act, 1894 implies compulsion, Mohammed Hasnuddin v. State of Maharashtra, AIR 1979 SC 404 (411): (1979) 2 SCC 572: (1979) 2 SCR 265....


Restaurant

Restaurant, as any tavern, public house or place trading for profit by provision to the public of food or refreshment with or without entertainment, Grape Bay Ltd. v. Attorney-General of Bermud, (2000) 1 WLR 574.Means any premises in which is carried on principally or wholly the business of supplying meals or refreshments to the public or a class of the public for consumption on the premises but does not include a restaurant attached to a theatre. [Weekly Holidays Act, 1942 (18 of 1942), s. 2 (c)]...


Weights and measures

Weights and measures, instruments for reducing the quantity and price of merchandise to a certainty, that there may be the less room for deceit and imposition. See AVOIRDUPOIS; TROY WEIGHT; and METRIC SYSTEM.The adjustment of weights and measures is a prerogative of the Crown, and has from an early date been regulated by statute-the Weights and Measures Act, 1878. The 25th and 26th sections enact that:25. Use or Possession for Use.-Every person who uses or has in his possession for use for trade any weight, measure, scale, balance, steelyard, or weighing machine which is false or unjust, shall be liable to a fine not exceeding 5l., or in the case of a second offence 20l. [as amended by the W. and M. Act, 1889], and any contract, bargain, sale, or dealing made by the same shall be void, and the weight, measure, scale, balance, or steelyard shall be liable to be forfeited.26. Fraud in Use.-Where any fraud is wilfully committed in the using of any weight, measure, scale, balance, steelyar...


Syllogism

Syllogism, the full logical from of a single argument. to a legitimate syllogism it is essential that there should be three, and no more than three, pro-positions-namely, the conclusion, or proposition to be proved, and two other propositions which together prove it, and which are called the premises. There must be three terms, viz., the subject and predicate of the conclusion, and another called the middle term, which must be found in both premises, since it is by means of it that the other two terms are to be connected together, e.g., all men are mortal; John is a man; therefore John is mortal. Consult Jevon's or Mill's or Bain's Logic....


Temporary occupation

Temporary occupation, in relation to any public premises, means occupation by any person on the basis of an order of allotment made under the authority of the Central Government, a State Government, the Government of a Union Territory or a statutory authority for a total period (including the extended period, if any) which is less than thirty days. [Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (40 of 1971), s. 2 (fb)]...


Tippling Act

Tippling Act. The (English) Sale of Spirits Act, 1750 (24 Geo. 2, c. 40), s. 12, by which no person may maintain any action for any debt 'for any spirituous liquors, unless such debts shall have really been contracted at one time to the amount of 20s.'By the Sale of Spirits Act, 1862 (25 & 26 Vict. c. 38), the above enactment is repealed so far only as relates to spirituous liquors sold to be consumed elsewhere than on the premises where sold, and delivered at the residence of the purchaser thereof in quantities not less at any one time than a reputed quart.By the (English) County Courts Act, 1934, s. 188, replacing (English) County Courts Act, 1888, s. 182, no action may be brought in any Court to recover any debt alleged to be due for ale, porter, beer, cider, or perry, consumed on the premises where sold...


To which s. 54 does not apply

To which s. 54 does not apply, the Administration of Evacuee Property Act, 1950, the Slum Areas (Improvement & Clearance) Act, 1956 and the Delhi (Tenants Temporary Protection) Act, 1956 and the Delhi Tenants (Temporary Protection) Act, 1956, all deal with premises and property and therefore the phrase 'to which s. 54 does not apply' is connected with the word 'premises'. The proviso did not apply and the matter had to be governed by the old Delhi and Ajmer Rent Control Act, 1952, which had been repealed, Jai Narain v. Kishanchand, AIR 1969 SC 1165: (1969) 1 SCC 724: (1969) 3 SCR 854....



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