Appropriation - Law Dictionary Search Results
Home Dictionary Name: appropriationAppropriation of payments
Appropriation of payments, the application to one of several debts of a sum of money paid by a debtor on a general account. The general rule as to appropriation of payments is this: The debtor may in the first instance appropriate the payment, solvitur in modum solventis; if he omit to do so, the creditor may make the appropriation, recipitur in modum recipientis; if neither debtor nor creditor make any appropriation, the law appropriates the payment upon equitable principles and prima facie to the earlier debt, Mills v. Fowkes, (1839) 5 Bing NC 461; Clayton's Case, (1816) 1 Mer 605; The Mecca, 1897, AC 286. A creditor can appropriate a general payment to a statute-barred debt, but he cannot appropriate such a payment made before judgment, after a judgment deciding that such a debt is statute barred, Smith v. Betty, 1903 (2) KB 317. See CLAYTON'S CASE....
Appropriate government
Appropriate government, means in relation to public authority which is established, constituted, owned, controlled or substantially financed by funds provided directly or indirectly--(i) by the Central Government or the Union Territory administration, the Central Government, (ii) by the State Government, the State Government [Right to Information Act, 2005 (22 of 2005), s. 2(a)]The Appropriate Government means, in relation to fees or stamp relating to documents presented or to be presented before any officer serving under the Central Government, that Government, and in relation to any other fees or stamps, the State Government. [Court-Fees Act, 1870 (7 of 1870), s. 1A]Means as respects any matter--(i) enumerated in List II of the Seventh Schedule to the Constitution. (ii) relating to any State law enacted under List III of the Seventh Schedule to the Constitution. [Information Technology Act, 2000 (21 of 2000), s. 2 (1) (e)]Means in relation to any major port the Central Government, an...
Appropriate proceedings
Appropriate proceedings, Art. 32(1) guarantees a right to move by 'appropriate proceedings': there is therefore in the Article itself limitation upon the exercise of the right. Appropriate proceedings would include the procedure relating to form, conditions of lodgement of petition compliance with all reasonable directions imposed which would conduce to the smooth conduct of proceeding in this Court. Power to make rules for practice and procedure of this Court read with the guarantee under Art. 32(1) to move by appropriate proceedings implies the power to impose procedural restrictions conducive to the orderly progress of the petition for relief for breach of a fundamental right, Prem Chand Garg v. Excise Commissioner Uttar Pradesh, AIR 1963 SC 986 (1005): 1963 Supp (1) SCR 885. [Constitution of India, Art. 32(1)]Article 32 speaks generally of 'appropriate proceedings'. It should be a proceeding which can appropriately lead to an adjudication of the claim made for the enforcement of a ...
Appropriation, powers of
Appropriation, powers of. The Administration of Estates Act, 1925, s. 41,has conferred on personal representatives a general power to appropriate any part of the real or personal estate (including things in action) of the deceased in its actual condition or state of investment at the time of appropriation in or towards satisfaction of any legacy or interest or share in his property as to the personal representative may seem just or reasonable having regard to the rights of the persons interested in that property subject to the consent of the person entitled to that part, or to the income (if the share is settled), or of his parent, guardian, committee or receiver if he is under incapacity owing to infancy or otherwise. No other consents are required and provision is made for dispensing with any consent. Any property when duly appropriated is to be treated as an authorized investment. An appropriation with consent under this Act is subjected to an ad valorem duty as a conveyance. Aliter...
Appropriate authority
Appropriate authority, means the Appropriate Authority appointed under s. 13. [Transplantation of Human Organs Act, 1994 (42 of 1994), s. 2 (b)]Means the Appropriate Authority appointed under s. 17. [Pre-Conception and Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 (57 of 1994), s. 2 (a)]Means, in relation to a bridge for the maintenance of which a bridge authority is responsible, or a road passing over such a bridge, the bridge authority; and in relation to any other road, the traffic authority and any other person responsible for the maintenance of the road, Halsbury's Laws of England, Vol. 21, 4th Edn., Para 240, Note 2, p. 177....
Appropriation
Appropriation, the annexing of some ecclesiastical benefice to the proper and perpetual use of some religious house, etc., just as impropriation is the annexing a benefice to the use of a lay person or corporation. Appropriation may be severed and the church become disappropriate, if a patron or appropriator present a clerk who is properly instituted and inducted, for he would then become complete parson; also, if a corporation possessing the benefice is dissolved, the parsonage becomes disappropriate at Common Law, Phill. Eccl. Law....
Appropriation Accounts
Appropriation Accounts, 'appropriation accounts' means accounts which relate the expenditure brought to account during a financial year, to the several items specified in the law made in accordance with the provisions of the Constitution or of the Government of Union Territories Act, 1963, (20 of 1963) for the appropriation of moneys out of the Consolidated Fund of India or of State, or of a Union Territory having a Legislative Assembly, as the case may be. [Comptroller and Auditor-General's (Duties, Power and Conditions of Service Act, (56 of 1971), s. 2(b)]...
appropriate
appropriate -at·ed -at·ing [Late Latin appropriare to take possession of, from ad to, for + proprius one's own] 1 : to set apart for or assign to a particular recipient, purpose, or use [the legislature appropriating funds for the program] 2 : to take or make use of without authority or right ap·pro·pri·a·tion [ə-prō-prē-ā-shən] n ...
Appropriation Act
Appropriation Act, An Act so named is passed every year for the purpose of applying sums out of the Consolidated Fund (see that title) to the service of the year, and for appropriating the supplies granted by Parliament....
Appropriation of goods
Appropriation of goods, Upon a contract for sale of unascertained or future goods is an act identifying goods specifically with the contract. The appropriation may be made by either party with the express or implied consent of the other absolutely or conditionally or revocably, delivery to the buyer or a bailee without any reservation of the right of disposal transfers the property. See (English) Sale of Goods Act, 1893 (56 & 57 Vict. c. 71) s. 21....
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