Accrued Right - Law Dictionary Search Results
Home Dictionary Name: accrued rightAccrued right
Accrued right, means a matured right, a right that is ripe for enforcement as through litigation, Black Law Dictionary, 7th Edn., p. 1323....
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 It must be mentioned that the object of s. 31(2)(i) is to preserve only the things done and action taken under the repealed Ordinance, and not the rights and privileges acquired and accrued on the one side, and the corresponding obligation or liability incurred on the other side, so that if no rights acquired under the repealed ordinance was preserved, there is no question of any liability being enforced, M.S. Shivananda v. Karnataka State Road Transport Corporation, AIR 1980 SC 77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...
Accrue
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)]...
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....
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...
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)]...
Civil rights
Civil rights, means any right accruing to a person by reason of the abolition of 'untouchability' by article 17 of the Constitution. [Protection of Civil Rights Act, 1955 (22 of 1955), s. 2 (a)]1. The individual rights of personal liberty guaranteed by the bill of rights as well as by legislation such as the voting Rights Act; civil rights include esp. the right to vote, the right of due process, and the right of equal protection of law, Black's Law Dictionary, 7th Edn., p. 240....
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...
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
Right [fr. recht, Teut.; rectus, Lat. The application of the same word to denote a staight line and moral rectitude of conduct, has obtained in every language I know, Dugald teward], in its primitive sense, that which the law directs; in popular acceptation, that which is so directed for the protection and advantage of an individual is said to be his right, 1 Stark. Evid. 1, n. (b). It has been described as a liberty of doing or possessing something consistently with law, or more strictly, the liberty of the doing or possessing something for the infringement of which there is a legal sanction. It is often confused in the popular mind with licence of the doing of something which his not prohibited by law, however damaging the act may be to individuals or the community. See MALUM IN SE.A 'right' is a legally protected interest, Mithilesh Kumari v. Prem Behari Khare, AIR 1989 SC 1247 (1255): (1989) 2 SCC 95: (1989) 1 SCR 621.A 'right' is an averment of entitlement arising out of legal rul...
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