Without Delay - Law Dictionary Search Results
Home Dictionary Name: without delay Page: 2McNabb-Mallory rule
McNabb-Mallory rule [after McNabb v. United States, 318 U.S. 332 (1943) and Mallory v. United States, 354 U.S. 449 (1957), U.S. Supreme Court cases that established the rule] : a doctrine in criminal procedure: an arrestee must be brought before a magistrate without unnecessary delay in order for a confession made during detention to be admissible NOTE: In practice, the rule is not absolute. Under the U.S. Code, a delay of more than six hours in bringing an arrestee before a magistrate will not render a confession inadmissible if the delay was reasonable in light of distance and transportation. ...
Publication
Publication, divulgation; proclamation; also 'the communication of defamatory words to some person or persons other than the person defamed' (Odgers on Libel).The publication of fair reports of legal proceedings in Court (other than ex parte proceedings) is a Common Law right exempt from proceedings for libel.As to the publication of an apology for libel in a newspaper, see LIBEL.Is essential in an action of defamation that the publication be to a third person, though the law is otherwise in Scotland. Thus, there can be no publication as between husband and wife, Wennhak v. Morgan, (1888) 20 QBD 635; but publication can be made to either husband or wife respecting the other, Jones v. Williams, (1888) 1 TLR 572. The third party to whom the matter is published may be in the position of a servant or clerk, Edmondson v. Birch & Co., (1907) 1 KB 371, but see Osborn v. Boulter & Son, (1930) 2 KB 226; but must be able to understand the defamatory character of the matter, Sadgrove v. Hole, (19...
Instantly
Without the least delay or interval at once immediately...
As soon as may be
As soon as may be, means 'as soon as practicable', Ashok Kumar v. Delhi Administration, AIR 1982 SC 1143. [National Security Act, (65 of 1980), ss. 3(2) and 8]--when the representation is made it is in the fitness of things that the said representation should be considered with the same sense of urgency with which the grounds are intended to be communicated to the detenu. That is the only way in which the purpose, for which the earliest communication of the grounds to the person concerned is provided, can be achieved. The representation must, therefore, be considered with due promptitude or expedition and without avoidable delay in other words with reasonable dispatch, Durga Pada Ghosh v. State of West Bengal, (1972) 2 SCC 656: AIR 1972 SC 2420 (2426). [Constitution of India, Art. 22(5)]As soon as may be, indicate a positive action on the part of the detaining authority in supplying the grounds of detention, Sophia Gulam Mohd. Bham v. State of Maharashtra, (1999) 6 SCC 593....
Duty to report defective plant
Duty to report defective plant, where a self-employed person or an employee discovers any defect in any plant which he is required to use in the course of dock operations which he cannot rectify, he must, without unreasonable delay, report that defect to the person in control of that plant, or in the case of an employee, to his employer or the person in control of the plant, Halsbury's Laws of England (20), para 795, p. 646...
One eighty day (180-day) rule
One eighty day (180-day) rule, means a rule that in some jurisdictions, allows a person charged with a felony to be released on personal recognisance if the person has been in jail for 180 days without being brought to trial, and if the delay has not, resulted from the defendant's own actions, Black's Law Dictionary, 7th Edn., p. 1116....
Magna Carta
Magna Carta, [Latin 'great charter'] The English charter that King John granted to the barons in 1215 and Henry III and Edward I later confirmed. It is generally regarded as one of the great common-law documents and as the foundation of constitution liberties. The other three great charters of English Liberty are the Petition of Right (3 Car. (1628)), the Habeas Corpus Act (31 Car. 2 (1679)), and the Bill of Rights (1 Will. SM. (1689)). Also spelled Magna charta, Black's Law Dictionary, 7th Edn., p. 963.This Great Charter is based substantially upon the Saxon Common Law, which flourished in this kingdom until the Normaninvasion consolidated the system of feudality, still the great characteristic of the principles of real property. The barons assembled at St.Edmund's Bury, in Suffolk, in the later part of the year 1214, and there solemnly swore upon the high alter to withdraw their allegiance from the Crown, and openly rebel, unless King John confirmed by a formal charter the ancient li...
Mortgage
Mortgage [fr. mort, Fr., dead, and gage, pledge], a deed pledge; a thing put into the hands of a creditor.A mortgage is the creation of an interest in property, defeasible (i.e., annullable) upon performing the condition of paying a given sum of money, with interest thereon, at a certain time. This conditional assurance is resorted to when a debt has been incurred, or a loan of money or credit effected, in order to secure either the repayment of the one or the liquidation of the other. the debtor, or borrower, is then the mortgagor, who has charged or transferred his property in favour of or to the creditor or lender, who thus becomes the mortgagee. If the mortgagor pay the debtor loan and interest within the time mentioned in a clause technically called the proviso for redemption, he will be entitled to have his property again free from the mortgagee's claim; but should he not comply with such proviso, the legal estate becomes perfected in the mortgagee, i.e., indefeasible, and so los...
Voluntary conveyance
Voluntary conveyance. A conveyance by way of gift or otherwise without valuable consideration. Liable to be defeated, under 27 Eliz. c. 4, by a subsequent sale for value, but no voluntary disposition whenever made shall be deemed to have been made with intent to defraud by reason only that a subsequent conveyance for valuable consideration was made if that conveyance was made after the 18th January, 1893: (English) Law of Property Act, 1925, s. 173, reproducing 27 Eliz. c. 4, as amended by the (English) Voluntary Conveyances Act, 1893. Any conveyance made with intent to defeat or delay creditors may be set aside under 13 Eliz. c. 5; see Twyne's Case, (1601) 3 Rep. 80; 1 Sm. L.C., unless the conveyance was made for valuable consideration and in good faith or upon good consideration and in good faith to any person not having at the time of the conveyance notice of the intent to defraud creditors [s. 172 (3), (English) Law of Property Act, 1925] This Act (ss. 172 and 173) repeals and repr...
dismissal
dismissal 1 : removal from a position or service 2 a : the termination of an action or claim usually before the presentation of evidence by the defendant in·vol·un·tary dismissal 1 : the dismissal of an action by the court because of the plaintiff's failure to pursue his or her case 2 : the dismissal of an action by the court upon motion of the defendant after presentation of plaintiff's case made on the grounds that the plaintiff has shown no right to relief NOTE: An involuntary dismissal under Federal Rule of Civil Procedure 41(b) prevents the plaintiff from bringing suit again based on the same claim. vo·lun·tary dismissal : the dismissal of an action by the plaintiff NOTE: Under Federal Rule of Civil Procedure 41(a), a plaintiff may dismiss an action without a court order anytime before the defendant serves an answer or moves for summary judgment, or by stipulation of the parties. Otherwise, a court order is required. A court-ordered dismissal will...
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