Double Grants - Law Dictionary Search Results
Home Dictionary Name: double grantsDouble grants
Double grants, where by reason of their number or otherwise the executors appointed by the will do not all prove, power may be reserved to the non-proving executors to prove at a later date. The second grant will then be known as double probate. IT is made in general terms, but the value of the estate is sworn as the value of the assets remaining unadministered at the date of the second grant and not as the original value in the first grant, Halsbury's Laws of England 17, para 362, p. 455....
Double or treble costs
Double or treble costs have been frequently granted by statute, e.g., to successful defendants in actions for irregular distress, by the (English) Distress for Rent Act, 1737 (11 Geo. 2, c. 19), s. 20. The true mode of estimating the amount of double costs was first to allow the successful party the single costs, including the expenses of witnesses, counsel's fees, etc., and then allow him one-half of the amount of the single costs, without deducting counsel's fees, etc. Treble costs consisted of the single costs, half the single costs, and half of that half. But the public statutes prior to 1842 which gave these costs were repealed by the (English) Limitations of Actions and Costs Act, 1842 (5 & 6 Vict. c. 97), popularly called 'Pollock's Act,' which enacted that the successful party should be entitled only to full and reasonable costs, to be taxed by the proper officer-an enactment repealed in its turn by the (English) Public Authorities Protection Act, 1893 (see that title)....
Don grant et render, a fine sur
Don grant et render, a fine sur, was a double fine, comprehending the fine sur cognizance de droit come ceo, etc., and the fine sur concessit, and might have been used to create particular limitations of estates; whereas the fine sur cognizance de droit come ceo, etc., conveyed nothing but an absolute estate, either of inheritance or at least of freehold, 1 Steph. Com....
Double taxation
Double taxation, The expression 'double taxation' is often used in different senses, namely, in its strict legal sense of direct double taxation and in its popular sense of indirect double taxation. Double taxation in the strict legal sense means taxing the same property or subject matter twice, for the same purpose, for the same period and in the same territory. To constitute double taxation, the two or more taxes must have been (1) levied on the same property or subject matter, (2) by the same government or authority, (3) during the same taxing period, and (4) for the same purpose, Sri Krishna Das v. Town Area Committee, (1990) 3 SCC 645: AIR 1991 SC 2096. (Income-tax Act, 1961, s. 4)See also C.I.T. v. P.V.A.L. Kulandagan Chattiar, (2004) 6 SCC 235.Double taxation, is that to constitute double taxation, objectionable or prohibited, the two or more taxes must be (1) Imposed on the same property, (2) by the same State or Government, (3) during the same taxing period, and (4) for the sa...
Double complaint, or Double quarrel
Double complaint, or Double quarrel, duplex querela, a grievance made known by a clerk or other person, to the archbishop of the province, against the ordinary, for delaying or refusing to do justice in some cause ecclesiastical, as to give sentence, or institute a clerk, as in the celebrated case of Gorham v. Bishop of Exeter, (1850) 19 LJ Ex 376, CP 200, QB 279, in which the plaintiff, a clerk, succeeded on appeal in duplex querela against the defendant for not instituting him on the ground of alleged unorthodox views on Baptism, etc. It is termed a double complaint, because it is most commonly made against both the judge and him at whose suit justice is denied or delayed; and by Canon 95 the period of two months which the bishop had to inquire of the sufficiency of a clerk was abridged to twenty-eight days, before the expiration of which a duplex querela could not be brought....
Double insurance
Double insurance takes place when the assured makes two or more insurances on the same subject, the same risk, and the same interest. The assured may recover the amount of his actual loss against any of the insurers, but nothing beyond this, and if he obtains full satisfaction from one of the assurers, the latter is entitled to contribution from the others. Excess of indemnity received by the assured is held by him in trust for the assurers. Double insurance is therefore entirely different from re-insurance, which is effected by the underwriter to secure himself from a loss. Double insurances are not prohibited by the law maritime unless fradulently made; see Arnould on Marine Insurance, 8th Edn. P. 430; the Marine Insurance Act, 1906, ss. 32, 80; Newby v. Reid, (1763) 1 W Bl 416.Double insurance is prohibited under the (English) National Health Insurance, Old Age, and Widows, etc., (English) Contributory Pensions Act, 1936....
Double the ordinary rate of wages
Double the ordinary rate of wages, by using the phrase 'double the ordinary rate of wages' the rule-making authority seems to us to have intended that the worker should be the recipient of double the remuneration which he, in fact, ordinarily receives and not double the rate of minimum wages fixed for him under the Act, Y.A momarde v. Authority, AIR 1972 SC 1721 (1726). [Madhya Pradesh Minimum Wages Rules (1951), s. 25(1)(b)]...
Doubling
The act of one that doubles a making double reduplication also that which is doubled...
Double or treble damages
Double or treble damages are given in some cases, by particular statutes; see, e.g., 2 Wm. & M. sess. 1, c. 5, ss. 4 and 5, which gave double and treble damages for pound breach and wrongful sale upon a distress respectively, but at common law the damages are always single. They are not reckoned in the same manner as double and treble costs, but arithmetically....
Lost grant
Lost grant, is a mere presumption from long possession and exercise of user by easement with acquiescence of the owner, that there must have been originally a grant to the claimant, which had been 'lost', Braja Kishore Jagdev v. Lingraj Samantaray, (2000) 6 SCC 540.Lost grant, is a presumption which arises in cases of immemorial user. It has its origin from the long possession and exercise of right by user of an easement with the acquiescence of the owner that there must have been originally a grant to the claimant which had been lost, Konda Lakshmana Bapuji v. Govt. of Andhra Pradesh, (2002) 3 SCC 258.Lost grant, the doctrine has no application to the case of inhabitants of particular localities seeking to establish rights of user to some piece of land or water. Since the right originated in grant, its owners, whether original or by devolution, had to be such persons as were capable of being the recipients of a grant, and a right exercisable by the inhabitants of a village from time t...
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial