Toll [fr. tollo, Lat.], to bar, defeat, or take away, as to 'toll an entry' is to deny and take away the right of entry. See (English) Real Property Limitation Act, 1833 (3 & 4 Wm. 4, c. 27), s. 39.
1. A sum of money paid for use of something esp. The consideration paid to use a public road, highway, or bridge
2. A charge for a long call distance, Black's Law Dictionary, 7th Edn.
[fr. tol, Sax. And Dut.; told, Dan.; toll, Wel.; taille, Fr.] has two significations:-
(1) A liberty to buy and sell within the precincts of the manor, which seems to import as much as a fair or market.
(2) A tribute or custom paid for passage. For its importance in railway law, see ss. 3, 86 and 92 of the Railways Clauses Consolidation Act, 1845, s. 86, providing that:-
It shall be lawful for the company to use and employ locomotive engines or other moving power, and carriages and waggons to be drawn or propelled thereby, and to carry and convey upon the railway all such passengers and goods as shall be offered to them for that purpose, and to make such reasonable charges in respect thereof as they may from time to time determine upon, not exceeding the tolls by the special Act authorized to be taken by them.
By s. 3 'toll' includes 'any rate or other payment payable under the special Act for any passenger, animal, carriage, goods, merchandise, articles, matters or things conveyed on the railway.' See Railway and Hunt v. Great Northern Railway Co., (1851) 10 CB 900.
County Courts have no jurisdiction over tolls. [(English) County Courts Act, 1933, s. 40]
The expression 'toll' normally means a definite payment exacted by the State or the local authority; by virtue of sovereignty or lordship, or in return for protection; more especially, for permission to pass somewhere, do some act, or perform some function. Another meaning attributed to the term is a charge for the landing or shipping goods at a port; a charge made for transport of goods, esp. by railway or canal, Hansraj & Sons v. State of J&K, (2002) 6 SCC 227: AIR 2002 SC 2692 (2696). [J&K Levy of Tolls Act Samvat 1995 (8 of 1995), (1938 AD) II schedule 3(1) and Sch.]
Toll, can properly be applied to any sum of money which is taken in respect of some benefit, the benefit being the temporary use of land, Manohar Janardhan v. Yado Isinath, AIR 1952 Nag 401: 1951 ILR Nag 914: 1952 Nag LJ 174.
Toll, includes any rate or other payment payable under the Special Act for any passenger, animal, carriage, goods, merchandise, articles, matters or things conveyed on the railway, Railway and Hunt v. Great Northern Railway Co., (1851) 10 CB 900.
Toll, is a sum of money, taken in respect of a benefit arising out of the temporary use of land. It implies some consideration moving to the public, either in the form of a liberty, privilege or service, State of Uttar Pradesh v. Devi Dayal Singh, AIR 2000 SC 961; Hindustan Vansapati Mfg. Co. Ltd. v. Municipal Board Pilkhwa, AIR 1962 SC 25; Mohd. Ibrahim v. State of Uttar Pradesh, AIR 1967 SC 14; Kamaljeet Singh v. Municipal Board, AIR 1987 SC 56; Maheshwar Singh v. State of Bihar, AIR 1966 Pat 402; Hammerton v. Earl of Dysart, (1961) 1 AC 57: 85 LJ Ch 33: 113 LT 1032 (HL).
Toll, is tribute or custom paid for a privilege, generally for passage over, or for using a bridge, road, ferry or railway, Umikrishnan v. State of Kerala, (1987) 1 Ker LT 774.
Toll, means (1) a sum of money paid for the use of something especially, the consideration paid to use a public road, highway, or bridge; (2) A change for a long distance telephone call, Black's Law Dictionary, 7th Edn.
It means the amount which the government, or a local authority or a person duly authorised by the government may collect for passage of carriages and vehicles over a road or bridge, Hansraj v. State of Jammu and Kashmir, AIR 2002 SC 2692. [See also Constitution of India, Sch. 7, List 2, Entry 59; J. & K. Levy of Tolls Act, 1995, s. 3
View Judgments Citing this Phrase View Acts Citing this Phrase