Fidelity, fidelity insurance gurantee, 'Fidelity' according to dictionary means faithfulness, loyalty. In insurance terminology it is understood as assurance to indemnify against loss consequent upon the dishonesty or default. Usually the assured and the person whose fidelity is assured stand to each other in relation of employer and employee. As the use of the word 'fidelity' indicates, 'it is a policy intended to protect the assured against the contingency of breach of fidelity on part of a person in whom confidence has been placed'. It is a contract whereby, for a consideration, one agrees to indemnify another against loss arising from the want of honesty, integrity or fidelity of an employee or other person holding a position of trust. Fidelity Guarantee is thus different from contingency guarantee. The insurance under it is for honesty, against negligence or for being faithful and loyal. The protection afforded is different than normal insurance policies. Its consequences and enfo...
Fire brigade. The (English) Metropolitan Fire Brigade Act, 1855 (28 & 29 Vict. c. 90), intrusts to the London County Council, which has superseded the Metropolitan Board of Works, the duty of extinguishing fires in the metropolis. On the occasion of a fire the chief officer of the fire brigade may take any measures that appear expedient for the protection of life and property by s. 12 of the Act; and in other districts by s. 89 of the (English) Public Health Acts Amendment Act, 1907 (7 Edw. 7, c. 53). Motors used for fire-brigade purposes are exempt from the duty on licences for motor-cars....
Firearms. This word comprises all sorts of guns, fowling-pieces, blunderbusses, pistols, etc. Their discharge in a street is penal.A weapon that expels a projected (such as ballets or pallets) by combustion of gunpowder or other explosive, Black's Law Dictionary, 7th Edn.For the purposes of the (English) Fire Arms Act, 1920 (10 & 11 Geo. 5, c. 43), 'firearm' means 'any lethal firearm or other weapon of any description from which any shot, bullet or other missile can be discharged, or any part thereof, and the expression 'ammunition' means ammunition for any such firearms, and includes grenades, bombs, and other similar missiles, whether such missiles are capable of use with a firearm or not. The (English) Firearms Act, 1934 (24 & 25 Geo. 5, c. 16), amends the definition by including smoothbore shot gun, air gun, or air rifle and ammunition, if deemed a lethal weapon. A person under seventeen shall not purchase or hire, nor shall anyone sell to such person, a firearm or ammunition. A pe...
Foreshore. 'The shore and bed of the sea and of every channel, creek, bay, estuary, and of every navigable river of the United Kingdom as far up the same as the tide flows to the line between the high water mark of ordinary tides and low water mark' belong to the Crown and its grantees, and the management is transferred from the Commissioners of Woods to the Board of Trade. See s. 7 of the Crown Lands Act, 1866 (29 & 30 Vict. c. 32), subject as in that Act mentioned; see also (English) Ministry of Transport Act, 1919 (9 & 10 Geo. 5, c. 50). And see BATHING (SEA). Consult Coulson and Forbes on the Law of Waters.For the powers of local authorities to make bye-laws for public bathing, bathing huts and life-saving appliances, see (English) Public Health Act, 1936, ss. 231-234.There can be no custom giving a right of shooting wildfowl on the foreshore or bed of a tidal navigable river, Fitzhardinge (Lord) v. Purcell, (1908) 2 Ch 139....
Law Reform (UK). By the Law Reform (Miscellaneous Provisions) Act, 1934 (24 & 25 Geo. 5, c. 41), all causes of action shall with certain exceptions survive on the death (after the 24th July, 1934) of any person against or for the benefit of his estate. See actio personalis, and by s. 1(2) it is enacted:Where a cause of action survives as aforesaid for the benefit of the estate of a deceased person the damages recoverable for the benefit of the estate of that person:-(a) shall not include any exemplary damages;(b) in the case of a breach of promise to marry shall be limited to such damage, if any, to the estate of that person as flows from the breach of promise to marry;(c) where the death of that person has been caused by the act of omission which gives rise to the cause of action, shall be calculated without reference to any loss or gain to his estate consequent on his death, except that a sum in respect of funeral expenses may be included.See Rose v. Ford, (1937) 53 TLR 873.The right...
Liberty, a franchise, being a royal privilege or a branch there of, subsisting in the hands of a subject, as a liberty to hold pleas in a Court of one's own.The privileged districts, called liberties from being exempt from the sheriff jurisdiction, having separate commissions of the peace, and not being incorporated boroughs, might, by Order in Council, be united with the counties in which they were situate upon petition of the justices of the liberty or of the Courts, under the (English) Liberties Act, 1850 (13 & 14 Vict. c. 105), of which statute, it is believed, but little advantage was taken. As to election of a 'people's magistrate,' in 1891, by the tenants and inhabitants of the liberty of Havering-atte-Bower, in Essex, see Law Journal for July 11, 1891.By s. 48, sub-s. 1, of the Municipal Corporations Act, 1888, every liberty and franchise of a county forms for the purpose of that Act part of the county of which it forms part for the purposes of parliamentary elections.--liberty...
Liquor, The word 'liquor' as understood in India at the time of the Government of India Act, 1935, covered not only those alcoholic liquids which are generally used for beverage purposes and produce intoxication, but also all liquids containing alcohol, the definition of liquor contained in section 2(24) of the Bombay Prohibition Act, 1949 is not therefore ultra vires. State of Bombay v F.N. Balsara, AIR 1951 SC 318: (1951) SCR 682. (Constitution of India, Sch. VII, List II, Entry 8)Liquor includes spirits of wine, methylated spirits, spirits, wine, toddy, beer, and all liquid consisting of or containing alcohol, Southern Pharmaceuticals and Chemicals v. State of Kerala, AIR 1981 SC 1863: (1981) 4 SCC 391: (1982) 1 SCR 519....
London, Port of. The administration is provided for by the Port of London (Consolidation) Act, 1920 (10 & 11 Geo. 5, c. clxxiii.); s. 6 enacts:-(1) There shall be a chairman and vice-chairman and other members of the Port Authority elected and appointed in manner provided by this Act for the purpose of administering, preserving and improving the Port of London and otherwise for the purposes of this Act, and the several persons who now constitute and shall, from time to time constitute the Port Authority, shall notwithstanding the repeal of enactments effected by this Act, continue and be a body corporate by the name of 'the Port of London Authority, and by that name shall continue to have perpetual succession and a common seal having power to acquire and hold land for the purposes of this Act without licence in mortmain.(2) The several persons who were respectively the chairman, vice-chairman and other members of the Port Authority immediately before the passing of this Act, and shall ...
Motor vehicle, means any mechanically propelled vehicle adapted for use upon roads whether the power of propulsion is transmitted thereto from an external or internal source and includes a chassis to which a body has not been attached and a trailer; but does not include a vehicle running upon fixed rails or a vehicle of a special type adapted for use only in a factory or in any other enclosed premises or a vehicle having less than four wheels fitted with engine capacity of not exceeding [twenty-five cubic centimetres]. [Motor Vehicles Act, 1988 (59 of 1988), s. 2 (28)]A 'motor vehicle' means any mechanically propelled vehicle adapted for use upon roads whether the power of propulsion is transmitted thereto from an external or internal source and includes a chassis to which a body has not been attached and a trailer; but does not include a vehicle running upon fixed rails or a vehicle of a special type adapted for use only in a factory or in any other enclosed premises', Automotive Manu...
Notice, the making something known to a person of which he was or might be ignorant. Notice is either (1) statutory; (2) actual, which brings the knowledge of a fact directly home to the party; or (3) constructive or implied, which is no more than evidence of facts which raise such a strong presumption of notice that equity will not allow the presumption to be rebutted. [S. 154, I.P.C. and Art. 61(2)(a) const. 56 Indian Evidence Act]Constructive notice may be subdivided into: (a) where the facts of which actual evidence is supplied give rise to a further enquiry which a man exercising ordinary caution would make equity has added constructive notice of the facts, which that inquiry would have elicited; and (b) where there has been a designed abstinence from inquiry for the very purpose of avoiding notice. See CONSTRUCTIVE NOTICE.A purchaser with notice may protect himself by purchasing the title of another bona fide purchaser for a valuable consideration without notice; for, otherwise, ...