Any Liability - Law Dictionary Search Results
Home Dictionary Name: any liabilityAny Liability
Any Liability, the words 'any liability' in sub-s. (7) of the said s. 3 are of wide amplitude to cover every liability that was incurred by the textile company in relation to the textile undertaking before the appointed day, Rashtriya Mill Mazdoor Sangh v. National Textile Corp (South Maharashtra) Ltd, (1996) 1 SCC 313 (321). [Textile Undertaking (Take over of Management) Act, 1983, s. 3(7)]...
Pecuniary liability
Pecuniary liability, The words 'pecuniary liability' in s. 2(6) of Displaced Persons (Debts Adjustment) Act, 1951, will cover any liability which is of a monetary nature and includes a mortgage debt, Rajkumari Kaushalya Devi v. Bawa Pritam Singh, AIR 1960 SC 1030 (1031): (1960) 3 SCR 570. [Displaced Persons Debt (Adjustment) Act, 1957, s. 2(6)(c)]...
Debt
Debt [fr. debitum, Lat.], a sum of money due from one person to another. An action of debt lay where a person claimed the recovery of a liquidated or certain sum of money affirmed to be due to him; and it was generally founded on some contract alleged to have taken place between the parties, or on some matter of fact from which the law would imply a contract between them. This was debt in the debet, which was the principal and only common form. There is another species mentioned in the books, called debt in the detinet, which lay for the specific recovery of goods, under a contract to deliver them. An action of debt as a technical term is now obsolete. See PLEADINGS. The order of the payment of debts and expenses out of legal assets in an ordinary administration action in the Chancery Division of the High Court is as follows:-1. Funeral expenses, which in the case of an insolvent estate must be strictly reasonable and necessary only, the executor or administrator being personally liabl...
liability
liability pl: -ties 1 : the quality or state of being liable 2 : something for which one is liable: as a : a financial obligation : debt [tax ] [the bonds are liabilities] compare asset contingent liability : an amount that may or may not be owed depending on the outcome of a contingency (as a cosigner's default on a loan) fixed liability : a liability (as a bond or mortgage) that does not mature for at least one year from the date incurred or from a given date b : accountability and responsibility to another enforceable by civil remedies or criminal sanctions [ for injuries caused by their product] absolute liability : strict liability in this entry alternative liability : joint liability imposed on multiple tortfeasors when there are simultaneous tortious acts (as defective manufacture of parts of a wheel by different manufacturers) and uncertainty as to which act was the proximate cause of an injury compare concert of action civil liability : liability imposed under c...
Sale price
Sale price, 'Sale Price' means the amount payable to a dealer as consideration for the sale of any goods, less any sum allowed as cash discount according to the practice normally prevailing in the trade, but inclusive of any sum charged for anything done by the dealer in respect of the goods at the time of or before the delivery thereof other than the cost of freight or delivery of the cost of installation in case where such cost is separately charged and the expression 'purchase price' shall be construed accordingly, Shree Gopal Industries Ltd. v. State of Rajasthan, AIR 1971 SC 2054: (1971) 2 SCC 532.(ii) Under s. 4 of the Madhya Pradesh General Sales Tax Act, 1958 the liability to pay tax is that of the dealer. The purchaser has no liability to pay tax. There is no provision in the Act from which it can be gathered that the Act imposes any liability on the purchaser to pay the tax imposed on the dealer. If the dealer passes on his tax burden to his purchasers he can only do it by au...
Any cheque and other liability
Any cheque and other liability, In s. 138 of the Negotiable Instruments Act, 1881 phrases 'Any cheque' and 'other liability' are the two key expressions which stand as clarifying the legislative intent so as to bring the factual context within the ambit of the provisions of the statute. Any contra-interpretation would defeat the intent of the legislature. The expressions leave no manner of doubt that for whatever reason it may be, the liability under this provision cannot be avoided in the event the same stands returned by the banker unpaid, ICDS Ltd. v. Beena Shabeer, (2002) 6 SCC 426 (430): 2002 SCC (Cri) 1342....
Limited liability
Limited liability. At Common Law every person is liable, upon his contracts, up to the whole amount of his estate, and every partner is so liable upon all the contracts of the partnership. So extensive a liability being apt to prevent persons from engaging in business as partners, the statutes authorizing the construction of railways, etc., have always limited the liability of each shareholder to the amount of the shares held by him. Similar limitations, extending in some cases to double the amount of shares held, have also long been found (though not universally) in the charters of incorporated banks and insurance companies.Companies Acts.--Under the Companies Acts, limited liability means that the members are not liable beyond the unpaid-up part (if any) of the nominal amount of the shares in respect of which they are registered in the books of the company. When a share has been fully paid up, no further liability exists. As to shares which have not been fully paid up, see CONTRIBUTO...
Constructive notice
Constructive notice. The knowledge which is imputed to a party: (a) if he omits to make the usual and proper inquiry into the title of property which he has purchased; (b) if he omits to investigate some fact which has been brought to his notice suggesting the existence of such title or claim; (c) if he deliberately refrains from inquiry in order to avoid notice. See Halsbury, L.E., vol. 13, and the person affected with constructive notice takes, if at all, subject to the title or claim, whether he knew of it or not; for instance, a purchaser of land who is satisfied to take a shorter title than he could call for by statute is affected by notice of all trusts and equities of which he would have had notice if he had seen the full title. See Cox and Neve's Contract, (1891) 2 Ch 109; Patman v. Harland, (1881) 17 CD 353 illustrates the doctrine. It was there held that: (a) notice of a material document is notice of its contents, and (b) although the (English) Vendor and Purchaser Act, 1874...
Discharge from liability
Discharge from liability, the words are apt to ex-press an intention of total extinction of the liability and should, specially in view of the international character of the legislation, be construed in that sense. Once the liability is extinguished under this clause, there is no scope of any acknowledgement of liability thereafter, East and West Steamship Co. v. S.K. Ramajingam, AIR 1960 SC 1058 (1065). [Carriage of Goods by Sea Act, 1925, Sch. .. Art. III, para 6, Cl. 3]...
With any limited liability and in force
With any limited liability and in force, the phrase means a statutory policy under the old Act with the limit prescribed therein which was valid immediately before the commencement of the new Act. The words are not employed to limit the liability of an insurance company to the amount specified in the policy by virtue of the provisions of s. 95(2) of the old Act either for a period of four months or for a lesser period during which the policy is valid, National Insurance Co. Ltd., v. Beharilal, (2000) 7 SCC 137 (142). [Motor Vehicles Act, 1939, s. 95(2)]...
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