A Dictionary
Appropriation of payments
Appropriation of payments, the application to one of several debts of a sum of money paid by a debtor on a general account. The general rule as to appropriation of payments is this: The debtor may in the first instance appropriate the payment, solvitur in modum solventis; if he omit to do so, the creditor may make the appropriation, recipitur in modum recipientis; if neither debtor nor creditor make any appropriation, the law appropriates the payment upon equitable principles and prima facie to the earlier debt, Mills v. Fowkes, (1839) 5 Bing NC 461; Clayton's Case, (1816) 1 Mer 605; The Mecca, 1897, AC 286. A creditor can appropriate a general payment to a statute-barred debt, but he cannot appropriate such a payment made before judgment, after a judgment deciding that such a debt is statute barred, Smith v. Betty, 1903 (2) KB 317. See CLAYTON'S CASE....
Appropriation, powers of
Appropriation, powers of. The Administration of Estates Act, 1925, s. 41,has conferred on personal representatives a general power to appropriate any part of the real or personal estate (including things in action) of the deceased in its actual condition or state of investment at the time of appropriation in or towards satisfaction of any legacy or interest or share in his property as to the personal representative may seem just or reasonable having regard to the rights of the persons interested in that property subject to the consent of the person entitled to that part, or to the income (if the share is settled), or of his parent, guardian, committee or receiver if he is under incapacity owing to infancy or otherwise. No other consents are required and provision is made for dispensing with any consent. Any property when duly appropriated is to be treated as an authorized investment. An appropriation with consent under this Act is subjected to an ad valorem duty as a conveyance. Aliter...
appropriations bill
appropriations bill see bill ...
Appropriator
Appropriator, a spiritual corporation entitled to the profits of a benefice....
At any given time
At any given time, the expression 'at any given time' means till that time when the results can be declared, Lalit Mohan Pandey v. Poorman Singh, (2004) 6 SCC 626 (664): AIR 2004 SC 2303.At any time, the expression at any time merely means that the termination may be made even during the subsistence of the term of appointment, Shrilakha Vidyasthi v. State of Uttar Pradesh, (1991) 1 SCC 212: AIR 1991 SC 537 (546): (1991) 1 SCC 212.The expression 'at any time' thus takes in such cases as where the Government decides to make a reference without waiting for conciliation proceedings to begin or to be completed, Western India Match Co Ltd. v. Workers Union, (1970) 1 SCC 225 (231): AIR 1970 SC 1205. [Uttar Pradesh Industrial Disputes Act, 1947 (28 of 1947)]Exercise of suo motu power 'at any time' only means that no specific period such as days, months or years are not prescribed reckoning from a particular date. But that does not mean that 'at any time' should be unguided and arbitrary. In th...
At any time
At any time, indicates that no specific period of limitation is prescribed within which suo mutu power could be exercised reckoning or starting from a particular date advisedly and constantly, Ibrahimpatnam Taluk Vyavasaya Coolie Sangham v. K. Suresh Reddy, (2003) 7 SCC 667. [Andhra Pradesh (Telengana Area) Tenancy and Agricultural Lands Act, 1950, s. 50B(4)]...
At his own Cost, 'at its Cost'
At his own Cost, 'at its Cost', the words 'at his own cost' refer to the licensee, whereas in the case of his nominee being either an institution or a person, as the case may be, the words 'at its cost' have been used. The expression 'at his own cost' and 'at its cost' must be held to have separate and distinct meaning. They are not meant to aim at the same person, DLF Qutab Enclave Complex Educational Charitable Trust v. State of Haryana, (2003) 5 SCC 622 (636). [Haryana Development and Regulations of Urban Areas, 1975 (8 of 1975)]...
At law
At law, means according to law, by, for, or in law, Black Law Dictionary 7th Edn., p. 122....
At public expense
At public expense, the words 'at public expense' used in the relevant part of the rule to mean travel which is undertaken authorisedly, Madan Singh Shekhawat v. Union of India, (1999) 6 SCC 459 (463). [Defence Service Regulations, Regn. 6(c)]...
At the bar
At the bar, legal assistants working in different institutions and bodies do not get the experience and exposure which is important for the purpose of manning judicial posts and it is not possible to lay down guidelines on the basis of a few appearances but what is important is not mere appearance but actual intimate knowledge and association with the system itself, hence can not be treated to be having experience 'at the bar', All India Judges Assn. v. Union of India, (1998) 8 SCC 771. [Constitution of India Art. 233(2)]...