Vacation - Law Dictionary Search Results
Home Dictionary Name: vacation Page: 4Bankrupt
Bankrupt [fr. bancus, or banque, the table or counter of a tradesman, and ruptus, Lat., broken, denoting thereby one whose shop or place of trade is broken or gone]. A debtor who does certain acts, tending to defeat or delay his creditors, may be adjudged bankrupt, and so made liable to the bankruptcy laws. Before the (English) Bankruptcy Act,1861 (24 & 25 Vict. c. 134), 'traders' only were liable to be made bankrupts, other insolvent debtors being dealt with by a succession of Relief of Insolvent Debtors Acts. See INSOLVENCY.Means a debtor (as an individual or organization) whose property is subject to administration under the bankruptcy laws for the benefit of the debtor's creditors was adjudicated, Webster's Dictionary of Law, Indian Edn. (2005), p. 43.Means an individual who has been adjudged bankrupt and in relation to a bankruptcy order, it means the individual adjudged bankrupt by that order, Halsbury's Laws of England, Vol. 3(2), 4th Edn., Para 78, p. 48.Means a person who cann...
Chancellor, Lord
Chancellor, Lord, properly, 'the Lord High Chancellor of Great Britain' [fr. Cancellarius, low Lat., cancelli, Lat., latticework], the highest judicial functionary in the kingdom, and superior, in point of precedency, to every temporal lord. He is appointed by the delivery of the king's Great Seal into his custody. He may not be a Roman Catholic (10 Geo. 4, c. 7, s. 12). He is a cabinet minister, a privy councillor, and prolocutor of the House of Lords by prescription (but not necessarily, though usually, a peer of the realm), and vacates his office with the ministry by which he was appointed, but is entitled to a pension. When royal commissions are issued for opening the session, for giving the royal assent to bills, or for proroguing Parliament, the Lord Chancellor is always one of the commissioners, and reads the royal speech on the occasion. To him belongs the appointment of all justices of the peace throughout the kingdom, and the appointment and removal of county court judges (se...
Circuits
Circuits (seven eight formerly), certain divisions of England and Wales, appointed for the judges to go formerly twice a year, in the respective vacations after Hilary and Trinity terms, but more recently oftener, and at no precisely fixed periods, to administer justice in the several counties. Two judges, until 1884, attended at each circuit town, when by a new scheme set on foot by the 'Circuits Order' of that year it was arranged that at the majority of the circuit towns one judge only should attend, with the power, however, under Rule 9 of the Order, of requesting one of the judges in London to proceed to any place on circuit in his aid 'in order to enable the judges, as far as possible, to leve no cause untried at any place on any circuit.' The following were the circuits as altered by Order in Council made pursuant to 26 & 27 Vict. c. 122, viz.: (1) Northern; (2) Home; (3) Western; (4) Oxford; (5) Midland; (6) Norfolk; (7) North Wales; and South Wales.By the (English) Judicature ...
Commendam
Commendam is a benefice or ecclesiastical living which, being void, is commended by the Crown to the care of a clerk until it may be conveniently supplied with a pastor. Not only dignitaries and benefices, but deaneries, prebends, headships of colleges and hospitals, have been granted in commendam. The acceptance by a beneficed clerk of a second living vacated the one be already held, and to avoid this a dispensation, called a commendam retinere, had to be obtained either from the Pope, or in later times from the King. See Mirehouse on Adv. C. vii., S. 6.By the Ecclesiastical Commissioners Act, 1836 (6 & 7 jWm. 4, c. 77), s. 18, which abolished commendams by bishops (with a saving for those at the passing of the Act), every commendam, whether to retain or to receive, and whether temporary or perpetual, became absolutely void....
Easter term
Easter term, formerly called a movable term, but afterwards fixed, beginning on the 15th of April and ending on the 8th of May in every year. See 11 Geo. 4 & 1 Wm. 4, c. 70, s. 6; see now (English) Jud. Act, 1925, s. 52, abolishing terms, s. 53, with power to regulate vacations....
Office of profit
Office of profit, a person who was a Pramukh at the time of filing of nomination papers and who was drawing a honorarium was not holding an office of profit, Umrao Singh v. Yeshwant Singh, AIR 1970 Raj 134 (141). [Constitution of India, Art. 102(1)(a)]It need not be in the service of Government. Generally it is understood that an office means a position to which certain duties are attached. An office of profit involves two elements namely that there should be such an office and that it should carry some remunerations. It is not the same as holding a post under the Government and therefore for holding an office of profit under the Government, a person need not be in the service of the Government, Satrucharla Chandrasekhar Raju v. Vyricherla Pradeep Kumar Devi, AIR 1992 SC 1959: (1992) 4 SCC 404.The word 'office' does not, therefore, necessarily imply that it must have an existence apart from the person, who may hold it. Cases are known, in which, in order to make use of the Special know...
Enrollment
Enrollment, register, record; writing in which anything is recorded.The act of recording or registering, Black's Law Dictionary, 7th Edn., p. 551.By the Statute of Enrolments, 27 Hen. 8, c. 16, now repealed by the (English) L.P. Amendment Act, 1924 (15 Geo. 5, c. 5),Sch. 10, every bargain and sale of a freehold interest was required to be enrolled in Chancery within six [lunar] months after its date.No assurance before 1926 by a tenant-in-tail under the (English) Fines and Recoveries abolition Act, 1833 (3 & 4 Wm. 4, c. 74), will have any operation unless enrolled in the Central Office within six calendar months after its execution, which enrolment is sufficient of itself, even where the conveyance was by bargain and sale, within the Statute of Enrolments. This provision did not extend to copyholds, the enrolment then being on the Court-rolls of the manor. By s. 133 the (English) Law of Property Act, 1925, enrolment is not required in respect of assurances or instruments executed or ma...
High bailiffs
High bailiffs, officers appointed under s. 33 of the County Courts Act, 1888, by the judge of each county Court, to attend every sitting of the Court, and by themselves, or the bailiffs appointed to assist them, to serve all summonses and orders, and execute all warrants, precepts, and writs of the Court except as in the Act provided. By the County Courts Act, 1934, s. 189, references to high bailiff are to be construed as references to the registrar where the office of high bailiff has been vacated....
Residence
Residence, is a concept that may also be transitory. Even when qualified by the word 'ordinarily' the word 'resident' would not result in construction having the effect of a particular place for dwelling always or on permanent uninterrupted basis. Thus understood, even the requirement of a person being 'ordinarily resident' at a particular place is incapable of ensuring nexus between him and the place in question, Kuldip Nayar v. Union of India, AIR 2006 SC 3127.Residence, is flexible and must be construed accord-ing to the object and intent of the particular legislation where it may be found. It must be something more than occupation during occasional usual visits within the local limits of the court, more specially where there is residence outside those limits marked with a considerable measure of continuance, Paster J.S. Singh v. Jyotsana Singh, AIR 1982 MP 122 [See Divorce Act, 1869, s. 3(3)]Residence, is generally understood as referring to a person in connection with the place wh...
Superannuation
Superannuation, connotes a distinct meaning. It ordinarily means, unless otherwise provided for in the statute, that not only he reaches the age of superannuation thereof, but also becomes entitled to the retiral benefits thereof including pension. 'Voluntary retirement' could have fallen within the afore-mentioned expression, provided it was so stated expressly in the scheme, HEC Voluntary Retd. Emps. Welfare Society v. Heavy Engineering Corporation Ltd., AIR 2006 SC 1420.Superannuation, in relation to an employee, means the attainment by the employee of such age as is fixed in the contract or conditions of service as the age on the attainment of which the employer shall vacate the employment. [Payment of Gratuity Act, 1972 (39 of 1972), s. 2(r)]In relation to an employee, who is the member of the Pension Scheme means the attainment, by the said employee, of the age of fifty eight years. [Emp-loyees' Provident Funds and Miscellaneous Pro-visions Act, 1952 (19 of 1952), s. 2(ll)]The wo...
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