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Urgency - Law Dictionary Search Results

Home Dictionary Name: urgency

Urgency

Urgency, means, immediate, very important, that which requires immediate attention. From its meaning it is apparent that its applicability has to vary what may be important in one set of circumstances may not be so in another, Jai Gurudev Dharam Pracharace Sangh v. State of Uttar Pradesh, AIR 1985 All 158.Urgency, relates to situation demanding prompt action, Arjan Singh v. State of Punjab, AIR 1959 Punj 538....


Urgency, emergency

Urgency, emergency, 'urgency' relates to a situation demanding prompt action while 'Emergency' in-dicates a situation suddenly arising and prompt action, AIR 1959 Punj 540 (543). (Land Acquisition Act, 1894, s. 17)...


Urgency Order

Urgency Order. In cases of urgency, where expedient for the welfare of any person alleged to be of unsound mind or for the public safety, that person can be detained for seven days on an order signed by a relative or other person, provided, accompanied by a medical certificate, Lunacy Act, 1890, s. 11, as amended by s. 17 of Mental Treat-ment Act, 1930....


Whenever the appropriate Government so directs

Whenever the appropriate Government so directs, the expression 'whenever the appropriate Govt. so directs' in that section refers to the taking of possession and not to the declaration of urgency. Even in case of urgency, the Govt. may not think it necessary to take immediate possession for good reasons, Jetmull Bhojraj v. State of Bihar, AIR 1972 SC 1363 (1366): (1972) 1 SCC 714: (1972) 3 SCR 193. [Land Acquisition Act (10 of 1894), s. 17(1)]...


Forthwith

Forthwith. When a defendant is ordered to plead forthwith, he must plead within twenty four hours. When a statute or rule of Court requires an act to be done 'forthwith,' it means that the act is to be done within a reasonable time having regard to the object of the provision and the circumstances of the case [Ex parte Lamb, (1881) 19 Ch D 169; 2 Chit. Arch. Prac., 14th Edn., 1435].Immediately, without delay, Black's Law Dictionary, 7th Edn., p. 664.The expression 'forthwith' would mean 'as soon as may be', that the action should be performed by the authority with reasonable speed and expedition with a sense of urgency without any unavoidable delay. No hard and fast rule could be laid nor a particular period is prescribed. There should not be any indifference or callousness in consideration and disposal of the representation. It depends on the facts and circumstances of each case, Navalshankar Ishwarlal Dave v. State of Gujarat, AIR 1994 SC 1496: (1993) Supp 3 SCC 754.The word 'forthwi...


Urgently

Urgently, urgency according to dictionary means 'immediate, 'very important; that requires immediate attention, AIR 1985 All 158 (159). (Land Acquisition Act, 1894, s. 5A)...


Scale of Costs

Scale of Costs. By Rules made by Order in Council, dated the 12th August, 1875, a new scale of costs for the Supreme Court was provided, and these Rules were reenacted in 1883. There is a higher and a lower scale, applicable respectively to the matters specified in the Rules; but costs on the higher scale 'may be allowed . . . if on special grounds arising out of the nature and importance or the difficulty or urgency of the case, the Court or a judge shall . . so order' (Ord. LXV., r. 9). Scales of costs are also provided by the County Court Rules: the respective scales are applicable according to the amount recovered or in dispute, or the nature of the proceedings. See COSTS....


Respondentia

Respondentia, money which is borrowed not upon the vessel, as in bottomry, but upon the goods and merchandise contained in it, in cases of extreme urgency, as a last resort and where communication with the owners is impossible in the circumstances. The shipowner must indemnify the owner of the cargo thus hypothecated.(to answer). A loan secured by cargo on one's ship rather than the ship itself, Black's Law Dictionary, 7th Edn., p. 1313....


Reception order

Reception order. No person, not being a a rate-aided poor person or a person of unsound mind so found by inquisition, can be received or detained as a per-son of unsound mind except under the authority of (1) a reception order, or (2) an urgency order (q.v.), or (3) a summary reception order (q.v.) [(English) Lunacy Act, 1890, ss. 1, 9, 13]. Ss. 21 and 22 provide exceptions in the case of emergency, etc., and of friends and relatives taking charge. A reception order can only be made by a judicial authority, i.e., a justice of the peace specially appointed, a county court judge, a stipendiary magistrate, or by two commissioners in lunacy (ibid., ss. 1, 9, 10 and 23). It is only effective for one year unless extended [(English) Lunacy Act, 1891, s. 7), and by s. 36 (3) of the Act, 1890, it ceases to be of any force unless the patient has been received thereunder before the expiration of seven days from its date. As to the reception of feebleminded and mentally defective persons, see the ...


Nuisance

Nuisance [fr. nuire, Fr., to hurt], something noxious of offensive. Any unauthorised act which, without direct physical interference, materially impairs the use and enjoyment by another of his property, or prejudicially affects his health, comfort, or convenience, is a nuisance.Nuisance may be distinguished from negligence in that nuisance is an act or omission causing injury, the injury itself giving rise to an action for damages, while a person suffering from damage due to negligence must prove that the damage was caused by some want of care, according to its degree which was required in the particular circumstances of the case. Actions against persons or public undertakings for damage under statutory powers are generally founded on negligence. Where the actual method of exercising the power creating a nuisance is indicated by the statute negligence in the authorised method may be actionable. The onus appears to be on a defendant pleading that the nuisance was inevitable and compulso...


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