Counter Balanced - Law Dictionary Search Results
Home Dictionary Name: counter balancedSet-off
Set-off, any counter-balance or cross-claim.A defendant's counter demand against the plaintiff, arising out of transaction independent of plaintiff's claim, Black's Law Dictionary, 7th Edn., p. 1376.The subject of a set-off under the former practice was a cross debt or claim, on which a separate action might be sustained, due to the party defendant from the party plaintiff. It was a defence crated by 2 Geo.2, c. 22, and had no existence at Common Law, and could only be pleaded in respect of mutual debts of a definite character, and did not apply to a claim founded in damages, or in the nature o a penalty, and the debt must have been due in the same right and between the same parties, and not a mere equitable demand. The defendant could not avail himself of a set-off, unless it were specially pleaded, and particulars thereof delivered with the plea.It is now provided by (English) R.S.C. 1883, Ord. XIX., r. 3, that a defendant in an action may set off or set up, by way of counter-claim a...
Ampere
Ampere, means a unit of electric current and is the unvarying electric current which when passed through a solution of nitrate of silver in water, in accordance with the specification set out in Annexure I, deposits silver at the rate of 0.001118 of a gramme per second; the aforesaid unit is equivalent to the current which, in passing through the suspended coil of wire forming part of the instrument marked 'Government of India Ampere Standard Verified' when the suspended coil is in its sighted position, exerts a force which is exactly balanced by the force exerted by gravity in Calcutta on the counter balancing iridio-platinum weight of the said instrument. [Indian Electricity Rules, 1956, s. 2 (1) (c)]...
counter balanced
brought into equipoise by means of a weight or force that offsets another...
Countervailing duty
Countervailing duty, is imposed when excisable articles are imported into the State, in order to counter-balance the excise duty, which is leviable on similar goods if manufactured within the State. So far as countervailing duty is concerned, the incidence of the impost is on the import of the excisable articles, i.e. at the time of entry into the State, S.K. Pattanaik v. State of Orissa, AIR 2000 SC 612 (613): (2000) 1 SCC 413. [Bihar and Orissa Excise Act, (2 of 1915), s. 27]Under s. 2A of the Tariff Act any article which is imported into India shall be liable to customs duty equal to the excise duty for the time being leviable on a like article if produced or manufactured in India. Such customs duty in addition to the duty under the Tariff Act is known as countervailing duty, Dunlop India Ltd. v. Union of India, AIR 1977 SC 597 (599): (1976) 2 SCC 241. [Indian Tariff Act, 1934, s. 2A]. See also State of Uttar Pradesh v. Delhi Cloth Mills, (1991) 4 SCC 454....
Counter-claim
Counter-claim, the word 'counter-claim' in s. 19(8) to (11) which is equated to a cross-suit, includes a claim if it is made in an independent suit filed earlier, Union of India, v. Abhijit Tea Co. (P.) Ltd., (2000) 7 SCC 357: AIR 2000 SC 2957 (2965). [Recovery of Debts due to Bank and Financial Institutions Act, 1993, s. 19(8) to (ii)]By (English) R.S.C. 1883, Ord. XIX., r. 3, under the (English) Judciature Act, 1873, s. 24 (3); replaced by the (English) Judicature Act, 1925, s. 39 (1) (a), subject to the provisions of Rule 15, Order XXI, (exclusion of counter-claim), a defendant in an action may set off, or set up by way of counterclaim, against the claims of the plaintiff, any right or claim, whether such set-off or counter-claim sound in damages or not, and such set-off or counterclaim shall have the same effect as across action, so as to enable the Court to pronounce a final judgment in the same action, both on the original and on the cross claim. (As amended by (English) R.S.C. N...
Cash balances
Cash balances, The expression 'cash balances' in clause (b) of sub-s. (1) of s. 14 of the Administration of Evacuee Property Act, 1950 has to be construed as the excess of credits over debits. The word 'balance' appears to have been advisedly used in preference to 'deposits' because the intention was that only such amount in deposit with the Custodian should be transferred to the compensation pool which would be in excess of the amount required for meeting the due claims against the evacuees or their properties. It is thus clear that what can be directed to be transferred to the compensation pool by the Government under s. 14(1)(b) is the 'cash balance' and not the total cash deposits with the Custodian, Custodian of Evacuee Property v. Rabia Bai, (1977) 1 SCR 25: (1976) 4 SCC 270: AIR 1976 SC 2557 (2566)....
Counter
Counter, the name of two prisons in London, the Poultry Counter and Wood Street Counter, afterwards consolidated into one new-built prison, for the use of the city, to confine debtors, peace-breakers, etc., Cowel.An advocate or professional pleader; one who counts (i.e. orally recites) for a client, Black's Law Dictionary, 7th Edn....
Balance sheet total
Balance sheet total, means in relation to a company's financial year (1) where in the company's accounts format 1 of the Balance Sheet formats is adopted, the aggregate of the amounts shown in the Balance Sheet under the heading corresponding to items A to D in that format, and (2) where format 2 is adopted, the aggregate of the amounts shown under the general heading 'Assets', Halsbury's Laws of England, Vol. 7(1), 4th Edn., Para 860, p. 631....
Alimony-counter-claim
Alimony-counter-claim, A claim for alimony by the wife, for herself and her child in an application by the husband for restitution of conjugal rights is a 'counter-claim' within the meaning of section 23A of the Hindu Marriage Act, C. Sannaiah v. Padma, AIR 1983 Karn 114....
Counter-sign
Counter-sign, the signature of a secretary or other subordinate officer to anywriting signed by the pricnipal or superior to vouch for the authenticity of it; e.g., the order of a towncouncil for payment of money out of the borough fund must be singed by three members of the town council,and counter-signed by the townclerk, by (English) Local Government Act, 1933 (23 & 24 Geo. 5, c. 51), s. 187, replacing (except as to London) Municipal Cor-porations Act, 1882, s. 141.Also the password in response to a military challenge by a sentinel or guard.To 'countersign' means 'to sign opposite to along side of or in addition to another signature 'or' to add one's signature to a document (already signed by another) for authentication or confirmation', M. Duraiswamy v. Murugan Bus Service, 1986 Supp SCC 1: AIR 1986 SC 1980 (1989). [Motor Vehicles Act, (4 of 1939), s. 63(1)]...
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