Used Substantially - Law Dictionary Search Results
Home Dictionary Name: used substantially Page: 5Profession
Profession, 'one of a limited number of occupation or vocations involving special learning and carry-ing a social prestige -- the learned professional, law, medicine, and the church', New Lexicon Webster Dictionary, p. 798.A profession ordinarily is an occupation requiring intellectual skill, often coupled with manual skill. Thus a teacher uses purely intellectual skill while a painter uses both. In any event, they are not engaged in an occupation in which employers and employees co-operates in the production or sale of commodities or arrangement for their production or sale or distribution and their services cannot be described as material services, Safdarjung Hospital v. Kuldip Singh Sethi, AIR 1970 SC 1407 (1413): (1970) 1 SCC 735; see also Sodan Singh v. NDNC, (1989) 4 SCC 155.Calling, vocation, known employment; divinity, physic, and law are called the learned professions.Includes business, Pioneer Motors v. Municipal Council Ngarcoil, AIR 1967 SC 684: 1961 (3) SCR 609.Profession,...
Tenement
Tenement [fr. teneo, Lat., to hold], in its vulgar acceptation, is only applied to houses and other buildings, but in its original, proper, and legal sense, it signifies everything that may be holden, provided it be of a permanent nature, whether it be of a substantial and sensible, or of an unsubstantial, ideal kind. Thus liberum tenementum, frank tenement, or freehold, is applicable not only to lands and other solid objects, but also to offices, rents, commons, advowsons, franchises, peerages, etc, 2 Bl. Com. 16. 'Tenement' may denote the estate is as well as the land. Halsb. L.E., tit. 'Real Property.'Local authorities sometimes refer to separately rated parts of houses or flats s tenements.1. Properly (esp. land) held by freehold; an estate or holding of land 2. A house or other building used as a residence, Black's Law Dictionary, 7th Edn.Means the property especially land, held by free-hold, an estate or holding of land, Black's Law Dictionary, 7th Edn., p. 14801. Properly (esp. ...
New trial
New trial. If any defect of judgment happen from causes wholly extrinsic, i.e., arising from matters foreign to or dethors the record, the only remedy the party injured by it has (except formerly error coram nobis or vobis in some few cases) is by applying to the Court for a new trial, which is in substitution for a bill of exceptions. But the Court must be satisfied that there are strong probable grounds to suppose that the merits have not been fairly and fully discussed, and that the decision is not agreeable to the justice and truth of the case before they will grant a new trial.The following is a summary of the cases in which a new trial may be granted. They are all subject to the rule that in an action of contract, unless some right independent of the damages be in question, the amount in dispute must be 20l. at least for the Court to interfere.(1) Mistakes, etc., of a judge. If a judge misdirect a jury, even in a penal action, it is generally a good ground for a new trial. So if ...
Law of Property Act, 1925 (English)
Law of Property Act, 1925 (English) 915 Geo. 5,c. 20), with amending Acts, 1926, 1929 and 1932 (cited together as the Law of Property Acts, 1925 to 1932), has consolidated and effected changes in the land laws with the object of simplifying the transfer and conveyance of land. An important change was the abolition of all legal estates or tenures in land, except an estate in fee simple in possession, and a term of years absolute in or in certain incorporeal hereditaments arising out of annexed to or charged upon the legal estate in land. Any number of these legal estates can exist in respect of the same piece of land or incorporeal hereditament; for instance, land may be held in fee simple, leased and mortgaged at the same time. all other estate and interests inland are reduced to equitable interests. All mortgages of the same legal estate under the statutory conditions are legal estates. None being for the whole fee simple or the term, but each for a term taken out of the fee or origin...
Lottery
Lottery, a game of chance; a distribution of prizes by lot or chance, Taylor v. Smetten, (1883) 11 QBD 207. By 10 & 11 Wm. 3, c. 17, Chitty's Statutes, tit. 'Games,' all lotteries were declared to be public nuisances, and all grants, patents, or licences for the same to be contrary to law; and the (English) Gaming Act, 1802 (42 Geo. 3, c. 119), imposes a penalty of 500l. on any person keeping any place for any lottery' not authorized by Parliament' for as lotteries were found to be a ready mode for raising money for the service of the state, they were from time to time sanctioned by Acts of Parliament passed expressly for this purpose (see 4 Geo. 4, c. 60), but by 6 Geo. 4, c. 60, they were abolished. As to what constitutes 'keeping' within the Act of 1802, see Martin v. Benjamin, (1907) 1 KB 64; but a body corporate cannot be convicted (s. 41) as rogues and vagabonds, Hawke v. Hulton, (1909) 2 KB 93.A physical lot is not essential to a lottery, Barclay v. Pearson, (1893) 2 Ch 154. In ...
Messuage
Messuage [fr. messuagium, Law Lat., formed perhaps fr. mesnage, by mistake of the n, in court hand, for u, they being written alike; or fr. maison, Fr.], a dwelling-house with its outbuildings and curtilage and some adjacent land assigned to the use thereof. See Co. Litt. 5 b, and Mr. Hargrave's note, as to what passes under the word 'messuage.' In Monks v. Dykes, (1839) 4 M&W 567, Parke, B., said that 'a messuage and a dwelling-house are substantially the same thing, and therefore if rooms be so occupied as to be in fact a dwelling-house, they may be described as a messuage.'In Scotland the principal dwelling-house without a barony, Bell's DictMessuage, a dwelling house together with the cartilage, including any out buildings, Black's Law Dictionary, 7th Edn...
National insurance
National insurance. The (English) National Insur-ance Act, 1911 (1 & 2 Geo. 5, c. 55), introduced by Mr. Lloyd George, established a wide system of compulsory state insurance covering both ill-health and unemployment, which is based upon premiums contributed in part by the employer, in part by the employee, and in part by the State. The Act consisted of three parts, the first dealing with National Health Insurance, the second with Unemployment Insurance, and the third contained miscellaneous provisions. This Act remained the basis of National Health Insurance, although the subject of very extensive amendment, until the National Health Insurance Act, 1924, consolidated the law. The law has been consolidated again by the (English) National Health Insurance Act, 1936 (26 Geo. 5, and 1 Edw. 8, c. 32), amends and repeals the whole of the Acts passed in 1920, 1922, 1924 and 1928. The arrangement is as follows:-Part I. Insured Persons and Contributions.Part II. Benefits.Part III. Approved Soc...
Public policy
Public policy, connotes some matter which concerns public good and the public interest. Expression does not admit of precise definition. Concept of 'public policy' is considered to be vague, susceptible to narrow or wider meaning depending upon the content in which it is used, Oil and Natural Gas Corporation Ltd. v. Saw Pipes Ltd., AIR 2003 SC 2629.Public policy, connotes some matter which concerns the public good and the public interest, Central Inland Water Transport Corporation Ltd. v. Broja Nath Ganguly, AIR 1986 SC 1571; Shri Parsar v. Municipal Board, (1997) 1 WLC 443.Public policy, demands that where fraud might have been contemplated but was not perpetrated, the defendants should not be allowed to perpetrate a new fraud. If the illegality of the transaction is trivial or venial and the plaintiff is not required to rest his case upon that illegality, then public policy demands that the defendant should not be allowed to take advantage of the position, Kedar Nath Motani v. Prahla...
Pay
Pay, means amount drawn monthly by a govern-ment servant as the pay which has been sanctioned for a post held by him substantially or in an officiating capacity, or to which he is entitled by reason due to his position in a cadre, Gangadhar Uppadhaya v. State of Uttar Pradesh, (1990) 1 UPLBEC 542.Means to pay money is to be distinguished from delivering property. It is a phraseology ordinarily used when speaking of the payment of a debt. To pay money is to pay it in respect of a right which some person has to receive it not to pay over any particular money or hand over in foreign coins, Miller, Ex parte Official Receiver (in re:), (1983) 1 QB 327....
Perpetuating testimony
Perpetuating testimony. When evidence is likely to be irrecoverably lost, by reason of a witness being old, or infirm, or going abroad before the matter to which it relates can be judicially investigated, equity will, by anticipation, preserve and per-petuate such evidence in order to prevent a failure of justice; and by (English) R.S.C. Ord. XXXVII., R. 35, superseding but substantially reenacting the repealed 5 & 6 Vict. c. 69, any person who would become entitled, upon the happening of any future event, to any honour, title, dignity, or office, or to any property, real or personal, the right or claim to which cannot by him be brought to trial before the happening of such future event, may commence an action to perpetuate any testimony which may be material for establishing such right or claim.This jurisdiction emanates from the anxiety of equity to ward off litigation, where it may be oppressively exercised, by preserving the evidence in maintenance of an unpossessed legal right, or...
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