Charged - Law Dictionary Search Results
Home Dictionary Name: chargedCharged with and tried for an offence
Charged with and tried for an offence, The words 'charged with and tried for an offence' mean that there are accusations and allegations against the person. The words 'charged with' are used in s. 5(1)(a) of the Criminal Law Amendment (Amending) Act, 1966 in contra-distinction to the words 'charges have already been framed' in s. 5(1)(b) of the Act. Therefore the use of separate words in the two separate cls. (a) and (b) is significant to indicate that the statute speaks of the words 'charged with' in cl. (a) not in the sense of 'charges have been framed' in cl. (b). The legislative intent is abundantly clear from the use of separate words. Ss. 251, 251A, 252, 253 and 254 of the Cr PC provided that the Magistrate may discharge the accused where the charge against the accused appears to be groundless indicates that the words 'charged with' cannot be said to mean framing of a charge, Lt. Col. S.K. Kashyap v. State of Rajasthan, AIR 1971 SC 1120 (1129): (1971) 2 SCC 126....
Charged on and paid out of the consolidated fund
Charged on and paid out of the consolidated fund, The words 'charged on and paid out of the consolidated fund' in Article 291 mean that the sum shall not be submitted to the vote of Parliament, and Article 113(1) makes a provision to that effect. Article 291 does not by itself create any independent right of any Ruler to be paid any sum out of any charged fund, H.H. Maharajadhiraja Madhav Rao Jivaji Rao Scindia Bahadur of Gwalior v. Union of India, (1973) 3 SCR 9: (1971) 1 SCC 85: AIR 1971 SC 530....
Work-charged establishment
Work-charged establishment, a work-charged establishment broadly means an establishment of which the expenses, including the wages and allowances of the staff, are chargeable to 'works'. The pay and allowances of employees who are borne on a work-charged establishment are generally shown as a separate sub-head of the estimated cost of the works, Jaswant Singh v. Union of India, AIR 1980 SC 115 (125): (1980) 1 SCR 420: (1979) 4 SCC 440....
Charged
Charged, the word 'charged' does not, in the Notification No. 878-F, dt. 21st March, 1922, mean the mere statutory liability to pay tax but goes further and includes the actual charge or levy, Commissioner of Income Tax v. M.K. Kirtikar, AIR 1960 SC 186 (189).Charged, is the official notification given to an individual by the competent authority of an allegation that he has committed a criminal offence, A.-G.s Ref. (No. 2 of 2001) (CA) (2001) 1 WLR 1869. [Human Rights Act, 1998, Art. 6(1)]Means brought before a court having jurisdiction to determine the matter, i.e. where examining justices commit an accused for trial, there is no charge until he is tried on indictment, R. v. Rider, [1954] 1 All ER 5....
lien
lien [Anglo-French, bond, obligation, literally, tie, band, from Old French, from Latin ligamen, from ligare to bind] : a charge or encumbrance upon property for the satisfaction of a debt or other duty that is created by agreement of the parties or esp. by operation of law ;specif : a security interest created esp. by a mortgage assessment lien : a lien that is on property benefiting from an improvement made by a municipality and that secures payment of the taxes assessed to pay for the improvement attachment lien : a lien acquired on property by a creditor upon levy of an attachment car·ri·er's lien : a lien against freight conferring on the carrier the right to retain the property until the amount due is paid charging lien : a lien attaching to a judgment or recovery awarded to a plaintiff and securing payment of the plaintiff's attorney's fees and expenses called also special lien choate lien : a lien that requires no further action to be made enforceable and th...
Lien
Lien [answering to the tacita hypotheca of the Civil Law], a right in one man to retain that which is in his possession belonging to another, until certain demands of the person in possession are satisfied. It is neither a jus in re, nor a jus ad rem--i.e., it is not a right of property in the thing itself, or right of action to the thing itself.It is either particular, as a right to retain a thing for some charge or claim growing out of, or connected with, the identical thing; or general, as a right to retain a thing not only for such charges or claims, but also for a general balance of accounts between the parties in respect to other dealings of the like nature.General and particular liens may arise: (1) by an express contract; (2) by an implied contract, resulting from the usage of trade, or the manner of dealing between parties. General lines are not favoured in law, but some judicially recognized general lines are bankers', solicitors', factors', stockbrokers'. See Halsb. L.E., ti...
Any sums charged by the dealer
Any sums charged by the dealer, the phrase 'any sums charged by the dealer' has to be understood in its ordinary popular sense. So construing the phrase, it means 'what is demanded and collected or received by the dealer', McDowell & Co. v. CTO, (1977) 1 SCC 441: AIR 1977 SC 1459. [A.P. General Sales Tax Act, 1957, s. 2(1)(a)]...
Charges
Charges, expenses, costs. A trustee is entitled as a matter of right to his costs, charges and expenses properly incurred in relation to the trust, and they constitute a first charge on the trust property, both capital and income; see Stott v. Milne, (1884) 25 Ch D 710.Means any amount which may be demanded as a price for the rendering of some service or as price of some goods. Sree Gajanana Motor Transport Co. Ltd. v. State of Karnataka, (1977) 1 SCR 665: (1977) 1 SCC 37: AIR 1977 SC 418 (419).Includes all taxes, Shroff and Co. v. Municipal Corporation of Greater Bombay, 1989 Supp (1) SCC 347.--The term 'charges' must be read ejusdem generis taking colour from the succeeding terms- rates, duties and taxes, Nagrik Upbhokta M. Manch v. Union of India, (2002) 5 SCC 466: AIR 2002 SC 2405 (2411). [Kerosene (Restriction on Use and Fixation of Ceiling Price) Order, 1993, clause 2(d)]The word 'charges' in Rule 7(1) should be given a wider meaning as denoting the accusations or imputations aga...
Floating charge
Floating charge. This term is not a legal term, but it is well understood and is used in Acts of Parliament, e.g., the (English) Finance Act, 1915, s. 27, and may be said to denote a security which is an equitable charge on the assets for the time being of a going concern. It allows of the business being carried on and the property comprised in it being dealt with in the ordinary course of business, until the undertaking charged ceases to be a going concern, or until the creditor in some way or other intervenes, See Government Stock, etc., Co. v. Manila Ry. Co., 1897 AC 86, per Lord Macnaghten.The charge becomes fixed and enforceable by the charges as soon as the company goes into liquidation, even for the purpose of reconstruction [Crompton & Co., 1914, 1 Ch 954]. Under the (English) Companies Act, 1929, s. 88, all floating charges must be registered in the Register of Charges.The subsidiary shares, rather than circulating in the ordinary course of the claimant's business, are part of...
Vendor's lien for unpaid purchase money
Vendor's lien for unpaid purchase money. Where a vendor of land conveys, without more, although the consideration is expressed to be paid both in the body of the deed and by a receipt endorsed on the back of it, still if the money or part of it was not in fact paid, a lien arises as between the vendor and the purchaser, and persons claiming as volunteers, for so much of the purchase money as remains unpaid. The mere giving of security will not prevent the lien arising, unless it appears that the security was to be substituted for the lien. Similarly a purchaser will have a lien for prematurely paid purchase money, see Mackreth v. Symmons, (1808) 15 Ves 329; 1 W &TLC.If the lien arose before 1926 and was not transferred after 1925, a purchaser for value of the legal estate in the land from the original purchaser will take it subject to the lien if he had notice of it, and in all cases where a pre-1926 lien has been transferred or a lien has arisen since 1925, it must be registered under...
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