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Home Dictionary Name: thinks fit Page: 2 Page 2 of about 46 results (0.01 seconds)Criminal Appeal Act, 1907 (English)
Criminal Appeal Act, 1907 (English) (7 Edw. 7, c. 23), came into force on the 19th April, 1908. For a great number of years the merits and demerits of criminal appeal have been discussed in this country.In 1844 Sir Fitzroy Kelly, in a remarkable speech in the House of Commons, advocated criminal appeal, the claim to which has also been recognized by Starkie, Sir John Holker, and Chief Baron Pollock; and even Blackstone,with whom, as Mr. Lecky has observed, admiration of our national jurisprudence was almost a foible, passed some severe criticisms on the stateof the criminal law of his day. In more recent times Lord James of Hereford (then Sir Henry James) introduced a criminal appeal bill into the House of Commons,which was supported by Lord Russell of Killowen (then Sir Charles Russell). And in 1889 Lord Fitzgerald, when introducing a measure into the House of Lords, said that the absene of any provision for rectifying errors andmistakes in criminal cases constituted a blot upon the c...
Assessors
Assessors, literally those who sit by the side of another: persons appointed to ascertain and fix the value of taxes, rates, etc. Also persons sometimes associated with judges of courts to advise and direct the decisions of such judges.By the (English) Judicature Act, 1925, s. 98, replacing the (English) Judicature Act, 1873, s. 56, the High Court or the Court of Appeal may, when it may think it expedient other than in a criminal proceeding by the Crown, call in the aid of one or more assessors specially qualified, and try and hear the matter in question wholly or partially with the assistance of such assessors. By the County Courts Act, 1934, s. 88, replacing the County Court Admiralty Jurisdiction Act, 1868, s. 14, provision is made for the appointment of assessors of 'natural skill and experience' in Admiralty actions, and such assessors frequently sit in county courts under the powers of this Act.Schedule II. of the (English) Workmen's Compensa-tion Act, 1925, gives a county court ...
Commissioners for Oaths
Commissioners for Oaths. Masters extraordinary in Chancery acted in very early times as commissioners to administer oaths to persons making affidavits (see that title) before them concerning Chancery suits, and the judges of the Common Law courts were authorized, under 29 Car. 2, c. 5, by commission to empower 'what and as many persons as they should think fit and necessary' to take affidavits for one shilling fee concerning Common Law actions. The Masters in Chancery were succeeded by solicitors under 16 & 17 Vict. c. 78, appointed by the Lord Chancellor, the fee being one shilling and sixpence.The (English) Commissioners for Oaths Act, 1889 (52 & 53 Vict. c. 10), which amends and consolidates twenty-four enactments on the subject, enacts by s. 1 that the Lord Chancellor may, from time to time, by commission signed by him, appoint practising solicitors or other fit and proper persons to be commissioners for oaths; with power, in England or elsewhere, to administer any oath or take any...
Witchcraft
Witchcraft, conjuration; sorcery.The practices of a witch, esp. in black magic; sorcery, Black's Law Dictionary, 7th Edn., p. 1595.By the Witchcraft Act, 1735 (so styled by the Short Titles act, 1896) (9 Geo. 2, c. 5), 'no prosecution shall be carried on against any person for witchcraft, sorcery, enactments, or conjuration, or for charging another with any such offence in Great Britain'; but it is also enacted that all persons pretending to use any kind of witchcraft, etc., shall upon conviction on indictment suffer one whole year's imprison-ment, and also be obliged to give sureties for good behaviour if the Court thinks fit [R.v. Stephenson, (1904) 68 J.P. 524] See VAGRANT. Prior to this Act witchcraft was a capital offence (see 1 & 2 Jac. 1, c. 12), and a woman and her daughter aged nine years were hanged at Huntingdon for selling their souls to Stan as recently as 1716, this being the last execution in England for witchcraft. Pope Alexander the Sixth nominated a commission against...
Sitting and voting
Sitting and voting, the words 'sitting and voting' in Article 193 of the Constitution imply the summoning of the House under Article 174 by the governor to meet at such time and place as the thinks fit and the holding of the meeting of the House pursuant to the said summons or an adjourned meeting, Pashupati Nath Sukul v. Nem Chandra Jain, AIR 1984 SC 399 (406): (1984) 2 SCC 404: (1984) 1 SCR 939....
Proclamation
Proclamation, means the notice publicly given of the absence of a person for whose attendance in court various summons were taken but could not be served on account of his absconding, Code of Criminal Procedure, 1973, s. 87.Proclamation, publication by authority; a notice publicly given of anything whereof the King thinks fit to advertise his subjects. Proclamation is used particularly in the beginning or calling of a Court, and at the discharge or adjourning thereof, for the attendance of persons and dispatch of business, Jac. Law Dict.S. 2 of the West Bengal (Prevention of Violent Activities) Act, 1979 defined 'proclamation' to mean the proclamation issued on March 19, 1970, under Article 356 of the Constitution by the President, and published with the notification of the Government of India in the Ministry of Home Affairs No. G.S.R. 490 of the said date, Nishi Kanta Mondal v. State of West Bengal, AIR 1972 SC 1497: (1972) 2 SCC 486: (1973) 1 SCR 224....
Rescission
Rescission, annulment or destruction. A general term for the repudiation and annulment of any contract or transaction: see (English) Sale of Goods Act, 1893. A contract for the sale of real estate very commonly contains a power for the vendor to rescind the contract if the purchaser makes or insists upon any objection or requisition which the vendor is unable or unwilling to comply with; but see ss. 42 and 45 of the Law of Property Act, 1925, precluding the vendor from rescinding in certain cases, and this facility will not assist the vendor in case of a serious defect in title or substantial mis-representation, see Re Hardick Co. v. Lipski, (1901) 2 Ch 666. Where a purchaser rescinds under a power in the contract he has a lien for his deposit, Whitbread & Co. v. Watt, (1902) 1 Ch 835, but before 1926 the purchaser in the absence of mis-representation was precluded from recovering his deposit if he chose to rescind upon an objection which he was precluded by statute from taking under a...
Public trustee
Public trustee. The office of Public Trustee was established by the (English) Public Trustee Act, 1906, which came into force on 1st January, 1908. The Public Trustee is a corporation sole, and may if he thinks fit act in the administration of estates of deceased persons if under one thousand pounds; act as custodian trustee [see that title, and Re Cherry's Trusts, (1914) 1 Ch 83]; act as an ordinary trustee; be appointed to be a judicial trustee (see that title); be appointed administrator of the property of a convict under the Forfeiture Act, 1870; and he may also be appointed an executor and obtain a grant of probate (s. 5). He may be appointed a trustee whether the trust instrument came into operation before or after the Act, and either as an original or a new trustee, or as an additional trustee, in the same cases and manner and by the same persons or Court as if he were a private trustee, with this addition--that he may be appointed sole trustee although the trustees originally a...
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...
Investigation
Investigation, s. 4(1) of the Code of Criminal Proce-dure, 1898 defines 'investigation' as to include all the proceedings under that Code for the collection of evidence conducted by the police officer or other persons other than a Magistrate in this behalf. Under the Code 'investigation consists generally of the following steps: (i) proceeding to the spot; (ii) ascertainment of the facts and circumstances of the case; (iii) discovery and arrest of the suspected offender; (iv) collection of evidence relating to the commission of the offence which may consist of (a) the examination of various persons (including the accused) and the reduction of their statements into writing, if the officer thinks fit, (b) the search of places of seizure of things considered necessary for the investigation and to be produced at the trial; and (v) formation of the opinion as to whether on the material collected there is a case to place the accused before a Magistrate for trial and if so taking the necessar...
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