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Payment - Definition - Law Dictionary Home Dictionary Definition payment

Definition :

Payment, is the act of paying, K.S. Bawa v. Director of Enforcement, (1990) Cr LJ 1068.

The payment of money before the day appointed is in law payment at the day; for it cannot, in presumption of law, be any prejudice to him to whom the payment is made to have his money before the time; and it appears by the party's receipt of it, that it is for his own advantage to receive it then, otherwise he would not do it, 5 Rep. 117. See the notes to Cumber v. Wane, (1719) in 1 Smith's L.C.

Payment is a recompense for service rendered, Bala Subrahmanya Rajaram v. B.C. Patil, AIR 1958 SC 518 (519): (1958) SCR 1504.

(ii) 'Payment' implies gift of money by someone to another. A partition in a H.U.F. can be considered either as 'disposition' or 'conveyance' or 'assign-ment' or 'settlement' or 'delivery' or 'payment' or 'alienation' within the meaning of those words in s. 2 (xxiv) of Gift Tax Act, 1958; Commissioner of Gift Tax v. N.S. Getty Chettiar, AIR 1971 SC 2410: (1972) 1 SCR 736: (1971) 2 SCC 741.

Means payment in money or money's worth but does not include any payment for defraying or reimbursing--

The cost of removing, transporting or preserving the human organ to be supplied; or

Any expenses or loss of earnings incurred by a person so far as reasonably and directly attribut-able to his supplying any human organ from his body. [Transplantation of Human Organs Act, 1994 (42 of 1994), s. 2 (k) (i) (ii)]

Payment signifies satisfaction of a claim, Parmeshri v. Atti, AIR 1958 Punj 79 (80). [Limitation Act, 1908, Art. 182(7)]

Means payment in money or money's worth but does not include any payment for defraying or reimbursing--

(i) the cost of removing, transporting or preserving the human organ to be supplied; or

(ii) any expenses or loss of earnings incurred by a person so far as reasonably and directly attributable to his supplying and human organ from his body. [Transplantation of Human Organs Act, 1994 (42 of 1994), s. 2(k)]

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