Accrue - Law Dictionary Search Results
Home Dictionary Name: accrueAccrue
Accrue, [fr. accroitre, accru, Fr.; fr. crescere, Lat., to grow], to grow to, or to arise.To come into existence as an enforceable claim or right. The term accrue in the context of cause of action means to arrive, to commence, to come into existence, or to become a present enforceable demand or right. See also Morvi Industries Ltd v. C.I.T., (1972) 4 SCC 451: AIR 1971 SC 2396 (Para 11). [Income-tax Act, 1922 (11 of 1922), s. 4(1) (b) (i)]...
Accrue and arise
Accrue and arise, the words 'accrue' and 'arise' do not mean actual receipt of the profits or gains. Both these words are used in contradistinction to the word 'receive' and indicate a right to receive, Seth Pushalal Mansighka (P.) Ltd. v. C.I.T., AIR 1967 SC 1626 (1629): (1967) 3 SCR 961. [Part 'B' States (Taxation Concessions Order), 1950, Para 4(1)(iii)]...
accrue
accrue ac·crued ac·cru·ing [Middle French accreue increase, addition to a property, from feminine of accreu, past participle of acreistre to increase] vi 1 : to come into existence as an enforceable claim : vest as a right [action…does not until the plaintiff knew or reasonably should have known that he may have suffered injury "National Law Journal"] NOTE: Statutes of limitations begin to run when a cause of action accrues. 2 : to come by way of increase or addition : arise as a growth or result usually used with to or from [advantages accruing to society from the freedom of the press] [interest s to the seller as a result of the delay] 3 : to be periodically accumulated in the process of time whether as an increase or a decrease [the accruing of taxes] [allowing the receivable interest to ] vt 1 : to accumulate or have due after a period of time [authorized by law to leave…in the maximum amount of 120 days "U.S. Code"] 2 : to enter in the books a...
Things done, action taken and right accrued
Things done, action taken and right accrued, what is unaffected by the repeal of a statute is a right acquired or accrued under it and not a mere 'hope or expectation of'. It must be mentioned that the object of s. 31(2)(i) is to preserve only the things done and action taken under the repealed Ordinance, and not the rights and privileges acquired and accrued on the one side, and the corresponding obligation or liability incurred on the other side, so that if no rights acquired under the repealed ordinance was preserved, there is no question of any liability being enforced, M.S. Shivananda v. Karnataka State Road Transport Corporation, AIR 1980 SC 77 (81): (1980) 1 SCC 149: (1980) 1 SCR 684...
Accrued right
Accrued right, means a matured right, a right that is ripe for enforcement as through litigation, Black Law Dictionary, 7th Edn., p. 1323....
Limitation of actions and prosecutions
Limitation of actions and prosecutions. By various statutes, of which the first was 21 Jac. 1, c. 16, the (English) Limitation Act, 1623, and the principal succeeding ones, the Real Property Limitation Act, 1833 (3 & 4 Will. 4, c. 42), the (English) Civil Procedure Act (3 & 4 Will. 4, c. 27) [see Read v. Price, (1909) 2 KB 724], and 37 & 38 Vict. c. 57, the (English) Real Property Limitation Act, 1874, certain periods are fixed within which, upon the principle Interest reipublic' ut sit finis litium, particular actions must be brought or proceedings taken.In the case of simple contract the remedy on the contract is barred, leaving the creditor free to enforce his claims by other means which may be still available, such as enforcing a lien, subsequent acknowledgment by the debtor or appropriation of payments, but not by way of set-off (9 Geo. 4, c. 14, s. 3). In regard to land, the right to it is destroyed after the statutory period and neither re-entry nor acknowledgment after the laps...
Cause of action
Cause of action, a cause of action is a bundle of facts which are required to be pleaded and proved for the purpose of obtaining relief claimed in the suit. For the aforementioned purpose, the material facts are required to be stated but not the evidence except in certain cases where the pleading relied on any misrepresentation, fraud, breach of trust, wilful default or undue influence, Liverpool & London S.P. & I Assocn. v. M.V. Sea Success, (2004) 9 SCC 512 (562). [Civil Procedure Code, 1908, O. 7, R. 11(9)]--It is only that court in whose jurisdiction the 'cause of action' did arise will have Jurisdiction to entertain an application either under section 9 or under section 11 of the Act (Arbitration and Conciliation Act, 1996); Indian Iron and Steel Company Ltd. Kolkata v. Tiwari Roadlines, Hyderabad, AIR 2006 AP 1.Means every fact which it is necessary to establish to support a right to obtain a judgment, Prem Chand Vijay Kumar v. Yashpal Singh, (2005) 4 SCC 417.Is a bundle of facts...
Right to receive
Right to receive, the sums secured will accrue, not when the charge is granted, but when the future event occurs. Thus, in the case of a conventional mortgage, the charge is immediately effective but the right to receive the sum secured does not accrue until the legal redemption date has passed. Similarly, there is no inconsistency between having a right to enforce a charge by sale at a time when there is only a deferred right to receive the proceeds. Such a right is sufficient to confer on the creditor the necessary interest enabling him to apply for and obtain an order for sale and such an order, if made, will remove the element of deferral, See English Insolvency Act, 1986 (c 45), s. 313; (English) Limitation Act, 1980, s. 20(1), Gotham v. Doodes, (2007) 1 WLR 86 CA....
accrual
accrual 1 : the action or process of accruing [claim must be brought within two years of the date of ] 2 a : something that accrues ;esp : an amount of money that periodically accumulates for a specific purpose (as payment of taxes or interest) b : something that has accrued during a specified period ...
Consideration
Consideration. Any act of the promisee (the person claiming the benefit of an obligation) from which the promisor (the person burdened with the obligation) or a stranger derives a benefit or advantage, or any labour detriment or inconvenience sustained or suffered by the promisee at the request, express or implied, of the promisor. See Laythoarp v. Bryant, 3 Scott 250; 2 Wms. Saund 137 h; Currie v. Misa, (1875) LR 10 Exch 153.Consideration is one of the facts which the courts require as evidence of intention, (a) that a person intends his promise to be binding on him, or (b) that he intends to divest himself of a beneficial interest in property. In its widest sense consideration is the price, motive or inducement for a promise or for a transfer of property from one person to another. The nature or quality of the consideration which will be sufficient for these purposes varies with the nature of the transaction and in the absence of consideration the Courts will, except in the case of s...
- << Prev.
- Next >>