Vacation - Law Dictionary Search Results
Home Dictionary Name: vacation Page: 2Sittings
Sittings. By the Judicature Act, 1873, s. 26, the division of the legal year into terms is abolished, and sittings are substituted for it. See now (English) R.S.C. 1883, Ord. LXIII.The sittings of the Court of Appeal and High Court of Justice in London and Middlesex are four in every year, viz., the Michaelmas sittings, the Hilary sittings, the Easter sittings, and the Trinity sittings. The Michaelmas sittings commence on the day appointed by Order in Council (Long Vacation Order, 1935, 12th October; Long Vacation Order, 1936, 12th October), and terminate on the 21st of December; the Hilary sittings commence on the 11th of January and terminate on the Wednesday before Easter; the Easter sittings commence on the Tuesday after Easter week and terminate on the Friday before Whit-Sunday; and the Trinity sittings commence on the Tuesday after Whitsun-week and terminate on the 31st of July (R.S.C. 1883, Ord. LXIII).It is also provided by the (English) Judicature Act, 1925, s. 52 (replacing t...
Bail
Bail [fr. bailler, Fr., to hand over], to set at liberty a person arrested or imprisoned, on security being taken for his appearance on a day and at a place certain, which security is called bail, because the party arrested or imprisoned is delivered into the hands of those who bind themselves or become bail for his due appearance when required, in order that he may be safely protected from prison, to which they have, if they fear his escape, etc., the legal power to deliver him.Means a security such as cash or a bond, especially security required by court for the release of a prisoner who must appear at a further time, Black Law Dictionary, 7th Edn., p. 135.Bail, a temporary release of a prisoner in exchange for security given for the prisoner's appearance at a later hearing, Webster's Dictionary of Law, Indian Edn., (2005), p. 41.Bail may be given either in civil or criminal cases.In civil cases there were, before the abolition of arrest on mesne process by the Debtors Act, 1869:-(1)...
Vacancy
Vacancy, means an unoccupied post or office, R.K. Sabharwal v. State of Punjab, AIR 1995 SC 1371: (1995) 2 SCC 745: (1995) AIR SCW 1371: (1995) 29 ATC 481 (SC).It occurs when a person in lawful occupation of premises vacates it. If a person other than tenant, occupying the premises in contravention of law, vacates it, the same cannot be taken note of by rent control authorities, G.K. Chakko v. Rent Controller, (1970) Ren Cr 377 (Mys)....
Chiltern hundreds
Chiltern hundreds. A member of the House of Commons cannot resign his seat. He may, however, become disqualified by acceptance of an office of profit under the Crown. A member therefore usually vacates his seat by the acceptance of the stewardship of the Chiltern Hundreds, or some other nominal office in the gift of the Chancellor of the Exchequer. The practice began about the year 1750; but the duties and profits of the stewardship have long since ceased, and the office is only retained to serve this particular purpose. The Chiltern Hills, a range of chalk eminences separating the counties of Bedford and Hertford, were formerly covered with thick beechwood, and sheltered numerous robbers; to put these marauders down, and protect the inhabitants of the neighbourhood from their depredations, an officer was appointed under the Crown called the Steward of the Chiltern Hundreds, which were Burnham, Desborough and Stoke.The Crown, for the convenience of the House at large, is ordinarily rea...
Resignation
Resignation, implies that the party resigning has been elected to the office which he resigns: a man cannot 'resign' that which he is not entitled to, Stroud's Judicial Dictionary, Vol. 3, p. 2299.Resignation, is a term of legal art having legal connotations which describe certain legal results. It is characteristically, the voluntary surrender of a position by the person on resigning, made freely and not under duress and the word is generally defined as an act of resigning or giving up, as a claim, possession or position, Corpus Juris Secundum, Vol. 77, p. 311.Resignation, must be unconditional and with an intention to operate as such, Words and Phrases (Permanent Edition) Vol. 37, p. 476.Means the spontaneous relinquishment of one's own right as conveyed by the maxim. Resignatio est juris propril spontanea refutatio, Black's Law Dictionary, 6th Edn.Resignation, must be made with intention of relinquishment the office accompanied by act of relinquishment, Prabha Aarti v. State of Utta...
Chapter
Chapter [fr. Apitulum, Lat.], a congregation of ecclesiastical persons in a cathedral church, consisting of canons or prebendaries whereof the dean is the head, all subordinate to the bishop, to whom they act as assistants in matters relating to the church, for the better ordering and disposing the things thereof, and the confirmation of such leases of the temporality and offices relating to the bishopric, as the bishop shall make from time to time. And they are termed capitulum, as a kind of head, instituted not only to assist the bishop in manner aforesaid, but also anciently to rule and govern the diocese in the time of vacation, Burn's Dict.The Chapter of the bankruptcy code allowing a trustee to collect and liquidate a debtor's property either voluntarily or by court order, to satisfy creditors, Black's Law Dictionary, 7th Edn.Chapter shall mean a Chapter of the Act or Regulation in which the word occurs. [General Clauses Act, 1897 (10 of 1897)]...
Sufficient cause
Sufficient cause, for non-appearance refers to the date on which the absence was made a ground for proceeding ex parte and cannot be stretched to rely upon other circumstances anterior in time, Tea Auction Ltd. v. Grace Hill Tea Industry, AIR 2007 SC 67.Sufficient cause is an expression which is found in various statues. It has been construed liberally in keeping with its ordinary dictionary meaning as adequate or enough. That is, any justifiable reason resulting in vacation has to be understood as sufficient cause. For instance economic difficulty or financial stringency or family reasons may compel a landlord to let out a building in his occupation. So long as it is found to be genuine and bona fide it would amount to vacating a building for sufficient cause, Surinder Singh Sibia v. Vijay Kumar Sood, AIR 1992 SC 1540 (1541): (1992) 1 SCC 70. [H.P. Urban Rent Control Act, 1987, s. 14(3), Proviso 2]The expression 'sufficient cause' cannot be cons-trued too liberally, merely because the...
Extent
Extent, the peculiar remedy to recover debts of record due to the Crown; it differs from an ordinary writ of execution at the suit of a subject, because under it the body, lands, and goods of the debtor may all be taken at once, in order to compel the payment of the debt. It is not usual, however, to seize the body.There are two kinds of Extent--in chief and in aid. (1) Extent in chief. It issues from the Exchequer, and may bear teste and be made returnable on any day certain in term of vacation (5 & 6 Vict. c. 86, s. 8). It directs the sheriff to take an inquisition or inquest of office, on the oaths of lawful men, to ascertain the lands, etc., of the debtor, and seize the same into the King's hands. The writ should be preceded by a cire facias in order to bring the debtor into Court, and afford him an opportunity to show cause against it; but where the debt is in danger of being lost, the extent will be issued without a scire facias upon an affidavit of circumstances; and after the s...
leaflet
leaflet : a usually folded printed sheet intended for free distribution vi -let·ed or: -let·ted -let·ing or: -let·ting : to hand out leaflets [invalidated an ordinance banning all leafleting "David Kairys"] vb leased leas·ing vt 1 : to grant by lease to another [s mopeds to tourists] 2 : to hold under a lease [a company leasing a fleet of cars for its executives] vi 1 : to be under a lease or subject to a lease [the vacation house s for $500 a week] 2 : to grant property by a lease [have leased to students in the past] ...
vacatur
vacatur [Medieval Latin, it is made null and void] : vacation [sought of the arbitration award] ...
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