Accrue - Law Dictionary Search Results
Home Dictionary Name: accrue Page: 5 Page 5 of about 77 results ( seconds)Retrospective or retroactive law
Retrospective or retroactive law, as one which takes away or impairs vested or accrued rights acquired under existing law. A retroactive law takes away or impairs vested rights acquired under existing laws, or creates a new obligation, imposes a new duty, or attaches a new disability, in respect to transactions or considerations already past, Words and Phrases, Permanent Edn., Vol. 37A, pp. 224-225....
Right to sue
Right to sue, the 'right to sue' means the right to bring a suit asserting a right to the same relief which the deceased plaintiff asserted at the time of his death'. Thus, contracts involving the exercise of special skill like a promise to paint a picture do not bind the representatives of the promisor, nor do they create in them a right that can survive the death of the promisor, Phool Rani v. Naubat Rai Ahluwalia, AIR 1973 SC 2110: (1973) 1 SCC 688: (1973) 3 SCR 679. [Delhi rent Control Act, 1958, s. 14(1)(e)](ii) The term 'right to sue' must be equated with 'cause of action', unless the context indicates otherwise, Gurdit Singh v. Munsha Singh, AIR 1977 SC 640: (1977) 1 SCC 791: (1977) 2 SCR 250.The words 'right to sue' ordinarily mean the right to seek relief by means of legal proceedings. The right to sue accrues only when the cause of action arises, that is, the right to prosecute to obtain relief by legal means, State of Punjab v. Gurdev Singh, AIR 1991 SC 2219 (2220): (1991) 4...
Supersession
Supersession, the expression 'in supersession of all previous notifications' all that was done was to repeal and 'replace the previous notifications by new notifications. By repealing and replacing the previous notifications by other notifications, the result was not to wipe out any liability accrued under the previous notifications, State of Orissa v. Titaghur Paper Mills Co. Ltd., AIR 1985 SC 1293 (1316): 1985 Supp SCC 280....
Tax on income
Tax on income, embraces any profit or gain which is actually received or notionally accrued, A Commentary on the Constitution of India, Durga Das Basu, 4th Edn., Vol. 5, p. 412.Tax on income, is a tax on the money or other gain periodically received by an individual, corporation etc., Webster American Dictionary, p. 737....
Usufructuary mortgage
Usufructuary mortgage, Where the mortgagor delivers possession or expressly or by implication binds himself to deliver possession of the mortgaged property to the mortgagee, and authorise him to retain such possession until payment of the mortgage-money, and to receive the rents and profits accruing from the property or any part of such rents and profits and to appropriate the same in lien of interest, or in payment of the mortgage-money, or partly in lieu of interest or partly in payment of the mortgage money, the transaction is called an unsurfructuary mortgagee and the mortgagee an unsurfructuary. [Transfer of Property Act (4 of 1882), s. 58(d)]...
Valuable consideration
Valuable consideration, the expression 'valuable consideration' has a well known connotation in law and it is not synonymous with 'adequate consideration', Jagadguru Gurushidda Swami v. Dakshina Maharashtra Digambar Jain Sabha, AIR 1953 SC 514 (516): (1954) SCR 235. (Limitation Act, 1968, s. 10)The classic definition of 'valuable consideration' is given in Currie v. Misa, (1875) 10 Ex. 153 (162), thus: 'A valuable consideration in the sense of the law may consist either in so right, interest profit or benefit accruing to one party, or some forbearance, detriment, loss or responsibility, suffered or undertaken by the other, Chidambara Iyer v. P.S. Ranga Iyer, (1966) 1 SCR 168: AIR 1966 SC 193 (197). [Tamil Nadu Agriculturists Relief Act (4 of 1938), ss. 9A, 10(ii)(b)]...
Ex contractu
Ex contractu (from a contract). One of the greatest clauses of obligation from which a right of action accrues. The actions were: (1) account; (2) assumpsit, or promises; (3) covenant; (4) debt; (5) and perhaps, detinue; (6) scire facias, or revivor. See now ACTION....
Waiver
Waiver, in an intentional relinquishment of a known right. There can be waiver unless the person against whom the waiver is claimed had full knowledge of his rights and of facts enabling him to take effectual action for the enforcement of such rights, Dhanukdhari Singh v. Nathina Sahu, (1907) 7 Cal WN 848; Associated Hotels of India Ltd. v. S.B. Sardar Ranjit Singh, AIR 1968 SC 933: (1968) 2 SCJ 441. [Evidence Act, 1872, s. 115]Waiver, is the abandonment of a right in such a way that the other party is entitled to plead the abandonment by way of confession and avoidance if the right is thereafter asserted, and is either express or implied from conduct. A person who is entitled to rely on a stipulation, existing for his benefit alone, in a contract or of a statutory provision, may waive it, and allow the contract or transaction to proceed as though the stipulation or provision did not exist. Waiver of this kind depends upon consent, and the fact that the other party has acted on it is s...
Expenditure
Expenditure, the term 'expenditure' is not necess-arily confined to the money which has been actually paid out. It covers a liability which has accrued or which has been incurred although it may have to be discharged at a future date. However, a contingent liability which may have to be discharged in future cannot be considered as expenditure, Madras Industrial Investment Corpn. Ltd. v. CIT, (1997) 4 SCC 666: AIR 1997 SC 2063.'Expenditure' is equal to 'expense' and 'expense is money laid out by calculation and intention though many uses of the word this element may not be present, as when we speak of a joke at another's expense. But the idea of 'spending in the sense of' paying out or away money is the primary meaning and it is with that meaning that we are concerned. 'Expenditure is thus what is 'paid out or away' and is something which is gone irretrievably, Indian Molasser Co. v. C.I.T., AIR 1959 SC 1049 (1058). [Income-tax Act, 1922, s. 10(2)(xv)]...
Anticipation
Anticipation, doing or taking a thing before the appointed time. For anticipation of an invention see PATENTS. A married woman may be restrained by the terms of a will or settlement from aliening, by way of anticipation, property settled to her separate use during coverture. Such a clause absolutely disables her from selling, mortgaging or dealing with the property in anticipation, but it does not apply to income actually accrued due, Hood Barrs v. Heriot, 1896 AC 174, and on the determination of the coverture the restraint is at an end, Tullett v. Armstrong, (1839) 4 My&Cr 377; 1 Beav 1. Such a provision is only effective during coverture; it cannot affect dispositions in favour of a man, Brandon v. Robinson, (1871) 18 Ves 429, or a feme sole. The restraint may be applied either to corpus or income, usually only to the latter; in a marriage settlement the wife's income is almost invariably directed to be paid to her, without power of anticipation.' The L.P. Act, 1925, s. 169, repeatin...
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