Revenue, income, annual profit received from land or other funds; also money at the disposal of the Crown, i.e., the executive. The chief sources are (1) Crown property, surrendered to the nation; (2) taxation--income tax, death duties, customs and excise, stamp duties; (3) certain managed enter-prises, such as the Post Office, and Lands, Woods and Forests and miscellaneous holdings such as shares in the Suez Canal, and other profits or fiscal prerogatives of the Crown.See Halsb. Encycl. Laws of England, tit. 'Revenue'; Chitty's Statutes, tits. 'Customs,' 'Property Tax,' 'Death Duties,' 'Stamps,' and 'Revenue.'Revenue causes were peculiarly within the province of the court of Exchequer; the practice of which Court in matters of revenue was regulated by the Queen's Remembrancer Act, 1859 (22 & 23 Vict. c. 21), ss. 9 et seq., and the Crown Suits Act, 1865 (28 & 29 Vict. c. 104).The jurisdiction of the Court of Exchequer was transferred to the High Court of Justice ((English) Jud. Act, 18...
Run with the land-Run with the reversion. A covenant is said to 'run with the land,' either leased or conveyed in fee, when either the liability to perform it, or the right to take advantage of it, passes to the assignee of that land. A covenant is said to 'run with the reversion' to land leased when either the liability to perform it, or the right to take advantage of it, passes to the assignee of that reversion. Consult Spencer's case, (1583) 1 Sm LC 1, where a list of the covenants running with the land and not so running is given; and see, too, Woodfall, L & T.; Dyson v. Forster, 1909 AC 98.The benefit of a covenant made after 1925 running with the land is to be deemed to be made with the covenantee, his successors in title and the persons deriving title under him or them; and in connection with restrictive covenants, 'successors in title' includes owners and occupiers for the time being of the land intended to be benefited (Law of Property Act, 1925, s. 78). S. 58 of the Conveyanc...
Superannuation Acts, 1834-1935, (English) for pen-sioning the civil servants of the Crown or public authorities.The (English) principal Act is the Superannuation Act, 1859 (4 & 5 Will. 4, c. 42), which as amended by the Superannuation Acts, 1909 (9 Edw. 7, c. 10), and 1935 (25 & 26Geo. 5, c. 44), fixes the scale of pension at 10/60ths and 10/80ths for entrants after 30th September, 1909, of the average annual salary of the three years before retirement, and see (in the specified cases) s. 4 of the 1935 Act, on retirement after ten years' service, and gives an additional 1/60th or 1/80th for every additional year of service up to the fortieth year.As to local authorities, see (English) Local Govern-ment and other Officers Superannuation Act, 1922 (12 & 13 Geo. 5, c. 59), an adoptive Act; schools (elementary), School Teachers (Superannuation) Acts, 1918-1924; others, Teachers (Superannuation) Acts, 1918-1924; others, Teachers (Superannuation Acts), 1918-1935. See Chitty's Statutes, tit. ...
Title, means the union of all elements (as ownership possession, and custody) constituting the legal right to control and dispose of property; the legal link between a person who owns property and the property itself, Black's Law Dictionary, 7th Edn., p. 1493.Title: 1, a general head, comprising particulars, as in a book; 2, an appellation of honour or dignity; 3, the means whereby the owner of lands has the just possession of his property--titulus est justa causa pos sidendi id quod nostrum est: Co. Litt. 345b.1. The union of all elements (as ownership, possession, and custody) constituting the legal right to central and dispose of property; the2. Legal evidence of a person's ownership rights in property; an chastenment (such as a deed) that constitute such evidence3. The heading of a statute or other legal document, Black's Law Dictionary, 7th Edn.There are several stages and degrees requisite to form a complete title to lands and tenements.1. The lowest and most imperfect degree of ...
Year, means a period commencing on 1st April and ending on 31st March next following. [Rajasthan Public Libraries Act, 2006, s. 2(t)]Means a year commencing on 1st day of April. [Equity Linked Savings Scheme, 2005, s. 2(g)][fr. gear, Sax.], 365 days, twelve calendar months, fifty-two weeks and one day, or in Leap Year (q.v.) 366 days, i.e., fifty-two weeks and two days.The first day of the year was legally altered for England from the 25th of March to 1st of January in and after 1752 by the Calendar (New Style) Act, 1750 (24 Geo. 2, c. 23) (Chitty's Statutes, tit. ' Time '), but as appears from the preamble to that statute, the 1st of January had been the first day of the year in Scotland, in other nations, and by ' common usage throughout the whole kingdom.' See CALENDAR generally, when a statute speaks of a year it must be considered as twelve calendar and not lunar months, Bishop of Peterborough v. Catesby, 1608 Cro Jac 166.For the termination of the statutory year for certain finan...
Damages, constitute the sum of money claimed or adjudged to be paid in compensation for loss or injury sustained, the value estimated in money, of something lost or withheld, Divisional Controller K.S.R.T.C. v. Mahadeva Shetty, (2003) 7 SCC 197 (202).The expression 'damages' is neither vague nor over-wide. It has more than one signification but the precise import in a given context is not difficult to discern. A plurality of variants stemming out of a core concept is seen in such words as actual damages, civil damages, compensatory damages, consequential damages, contingent damages, continuing damages, double damages, excessive damages, exemplary damages, general damages, irreparable damages, pecuniary damages, prospective damages, special damages, speculative damages, substantial damages, unliquidated damages. But the essentials are (a) detriment to one by the wrongdoing of another, (b) reparation awarded to the injured through legal remedies, and (c) its quantum being determined by t...
Gold. As to the duty of the Bank of England under the Coinage Act, 1870 (33 & 34 Vict. c. 10), s. 8, to coin gold bullion for any person bringing the same for that purpose, which was suspended by the Gold Standard Act, 1925 (15 & 16 Geo. 5, c. 29); and the Bank's duty during the period of suspense, to sell gold bullion in bars containing approximately 400 ounces troy of fine gold to any purchaser paying '3 17s. 10'd. per ounce troy of fine gold, see those Acts, and CURRENCY ACT. The right to purchase gold provided by the Act of 1925 was suspended by the Gold Standard (Amendment) Act, 1931 (21 & 22 Geo. 5, c. 46) (see BULLION). As to standards and marking of gold plate and gold ware, see Safford, 'Law of Merchandise Acts.'A promise to repay a loan or other obligation in terms of 'gold' depends for its performance on the law of the country governing the performance at the time of performance, see Feist v. Societe Inter-communale Belge d' Electricite, 1934, AC 161.It includes gold in the ...
State, Board of control for cricket India is not financially, functionally or administratively dominated by government nor it is under control of government. Government only exercises limited contract which is purely regulatory and not pervasive. Board is therefore not state, Zee Telefilms Ltd. v. Union of India, AIR 2005 SC 2677.In Article 3 of Constitution of India as amended by the fifth Amendment Act 1955. It obviously refers to the States in the First Schedule and the 'Legislature of the State' refers to the Legislature which each State has under the Constitution, Babulal Parate v. State of Bombay, AIR 1960 SC 51: (1960) 1 SCR 605. (Constitution of India, Art. 3)The political system of a body of people who are politically organized; the system of rules by which jurisdiction and authority are exercised over such a body of people, Black's Law Dictionary, 7th Edn., p. 1415.The expression 'the State' has the same meaning in Part IV of the Constitution under Article 36. No reason was s...
Betting. For definition and for s. 18 of the (English) Gaming Act, 1845 (8 & 9 Vict. c. 109), see WAGER.Bets are irrecoverable at law by virtue of s. 18 of the (English) Gaming Act, 1845, and the (English) Gaming Act, 1892 (55 & 56 Vict. c. 9). The latter statute gets rid of the decision in Real v. Anderson, (1884) 13 QBD 779; and see Tatam v. Reeve, (1893) 1 QB 44; and De Mattos v. Benjamin, (1894) 70 LT 560. In the case of a cheque given in payment of a gaming transaction the combined effect of s. 1 of the (English) Gaming Act, 1710 (9 Anne, c. 14), and ss. 1 and 2 of the (English) Gaming Act, 1835, was that if it was paid to any indorsee or holder, the amount so paid could be recovered by the drawer from the payee, Dey v. Mayo, (1920) 2 KB 346; Sutters v. Briggs, (1922) 1 AC 1. The Gaming Act, 1922, does away with this position.The (English) Betting Act, 1853 (16 & 17 Vict. c. 119)--as to which see Reg. v. Brown, (1895) 1 QB 119--elaborately provides for suppressing of houses, rooms...
Capital goods, include all types of properties including consumable raw material, components etc. Capital goods become capital goods when used in the manufacture of products. Every Capital asset is not capital good, C.C.E. v. Ginni Filaments Ltd., (2005) 3 SCC 378 (388).Means plant, mechiners and equipment used in trade or manufacturing of goods, [Manipur University Act, 2005, s. 2(e)]Is very wide. Capital goods can be machines, machinery, plant, equipment, apparatus, tools or appliances, Commissioner of Central Excise, Coimbatore v. Jawahar Mills Ltd., (2001) 6 SCC 274.Means--(a) machines, machinery, plant, equipment, apparatus, tools or appliances used for producing or processing of any goods or for bringing about any changes in any substance for the manufacture of final products;(b) components, spare parts and accessories of the aforesaid machines, machinery, plaint, equipment, apparatus, tools or appliances used for aforesaid purpose; and(c) moulds and dies, generating sets and wei...