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Debt

respect of any obligation to repay capital sums by way of annuities and any liability under any guarantee, Constitution of India, Art. 366(8). A sum of money due by certain and express agree-ment or contract, A. Dictionary … 365) according to the rules which may be in force for the time being under the law of bankruptcy with respect to the assets of persons adjudged bankrupt, A.E. Act, 1925, s. 34(1), Part I. of the

Liability

he executes in his official capacity unless he has intention to make himself personally liable, Commentary on the Constitution of India, Durga Das Basu, Vol. L, p. 112. The term 'liability' is of large and comprehensive signification, … and ordinary sense, it expresses the state of being under obligation in law or in justice, First National Bank Ltd. v. Seth Sant Lal, AIR 1959 Punj 328 (330). (Companies Act, 1913, Sch. I, Table A, regn

Fund

word 'fund' may, mean actual cash resources of a particular kind (e.g., money in a drawer or a bank), or it may be a mere accountancy expression used to describe a particular category which a persons uses … Administration, AIR 1962 SC 1821 (1834). Means the Building and Other Construction Workers' Welfare Fund of a Board constituted under sub-s. (1) of s. 24, See also Building and Other Construction Workers' Welfare Cess Act, 1996 (28

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Judgment

Southern Roadways (P) Ltd. v. P. Mathurai Veeraswami, AIR 1964 Mad 194 (196) (FB). Article 226 of the Constitution is an independent proceeding in which the question of the right of the Income-tax Officer to proceed with … amendment, a judgment in terms of clause 15 of the Letters Patent, Prasant Chandra Sen v. United Commercial Bank, AIR 1982 Cal 555. An end to the suit or proceeding, the adjudication is indisputably a 'judgment' within

Representation

Swift v. Jewsbury, (1874) LR 9 QB 301--where the manager was held personally liable; Hirst v. West Riding Banking Co., (1901) 2 KB 560. See DECEIT; CONDITION; WARRANTY and CONTRACT OF SALE OF LAND. The detenu's representation

Company

ss. 357 and 358, requires registration of every company, association or partnership of more than ten persons for banking and of more than twenty persons for carrying on any other business having for its object the acquisition of … emergence of this new concept of the corporation. The socio-economic objectives set out in Part IV of the Constitution have since guided and shaped this new corporate philosophy. A company, according to the new socio-economic thinking, is

return

candidate [each house shall be the judge of the elections, s, and qualifications of its own members "U.S. Constitution art. I"] 5 : a formal document executed in accordance with law on a required form showing taxable … returned ;specif : a paper (as a check or draft) calling for payment that is returned by a bank to the clearinghouse because of a defect (as lack of funds or insufficient endorsement)

Privilege

does not extend to indictable offences, to actual contempts of the courts of justice, or to proceedings in bank-ruptcy. Members of Parliament are exempt from serving the office of sheriff, from obeying subp'nas, and serving on juries. … Parliament which may be necessary for the vindication or protection of itself in the exercise of its own constitutional functions. In the daily proceedings of Parliament questions of privilege take precedence of all other business. The privileges

Pith and substance

which it really relates, and not by the label the Legislature has given to it, Commentary on the Constitution of India, Durga Das Basu, 6th Edn., Vol. C, p. 43; State of Rajasthan v. V.G. Chowla, AIR … Privy Council, to solve the problem of competitive legislatures, Gallaghar v. Lynm, (1937) AC 863; Prafulla Kumar v. Bank of Commerce, AIR 1947 SC 28. Pith and substance, once a law 'in pith and substance' falls within

Encumbrance

property, for ex-lease mortgage, easement restriction, covenant, rent charge etc., Business India Builders & Developers Ltd. v. Union Bank of India, AIR 2007 Ker 114. A claim or liability that is attached to property or some other … 'Encumber' means burden of legal liability on property, and, therefore, when there is encumbrance on a land, it constitutes a burden on the title which diminishes the value of the land, State of Himachal Pradesh v. Tarsem

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