Appropriation Act - Law Dictionary Search Results
Home Dictionary Name: appropriation actAppropriation 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....
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...
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...
Law
Law [fr. lage, lagea, or lah, Sax.; loi, Fr.; legge, Ital.; lex, fr. ligo, Lat., to bind], a rule of action to which men are obliged to make their conduct conformable. A command, enforced by some sanction, to acts or forbearances of a class: see Austin's Jurisprudence; 1 Bl. Com. 38. A principle of conduct may be observed habitually by an individual or a class. When sufficiently formulated or defined to be observed uniformly by the whole of a class it may become a custom; or it may be imposed on all individuals who consent or are unable to resist its application and the sanction or penalty which is imposed for non-compliance, and in that case it becomes a law. If, in addition, the law and its sanction are imposed by, or by authority of a sovereign, the law becomes 'positive' (see Austin's Jurisprudence). Short of positive law the principle may be called a moral or social law. Generally speaking, jurisprudence is concerned only with positive law, and law in its ordinary legal sense mean...
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 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)]...
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....
Whenever the appropriate Government so directs
Whenever the appropriate Government so directs, the expression 'whenever the appropriate Govt. so directs' in that section refers to the taking of possession and not to the declaration of urgency. Even in case of urgency, the Govt. may not think it necessary to take immediate possession for good reasons, Jetmull Bhojraj v. State of Bihar, AIR 1972 SC 1363 (1366): (1972) 1 SCC 714: (1972) 3 SCR 193. [Land Acquisition Act (10 of 1894), s. 17(1)]...
Appropriation 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....
In an appropriate case
In an appropriate case, the expression 'in an appro-priate case' in s. 22(1) of the Specific Relief Act, 1963 only indicates that it is not always incumbent on the plaintiff to claim possession or partition or separate possession in a suit for specific perform-ance of a contract for the transfer of the immovable property, Babu Lal v. Hazari Lal Kishori Lal, AIR 1982 SC 818: (1982) 3 SCR 94: (1982) 1 SCC 525. [Specific Relief Act, 1963, s. 22 (1)]...
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