Due - Law Dictionary Search Results
Home Dictionary Name: due Page: 2Legally and Justly due
Legally and Justly due, the expression 'legally and justly due' must, mean that before a claim is recognised by the Claims Officer he must be satisfied that the principal amount covered by that claim is 'legally and justly due', i.e., that such a claim, if sought to be enforced in a Court of Judicial Tribunal, will find recognition on the basis that it does not suffer from any legal infirmity, India and General Investment Trust Ltd. v. Purna Chandra Mardaraj Rao, AIR 1967 SC 1251 (1256): (1967) 2 SCR 245. [Orissa Estates Abolition Act, (1 of 1952), s. 20(1)]...
Due
Due [fr. du, Fr.], anything owing. That which one contracts to pay or perform to another; that which law or justice requires to be paid or done.It should be observed that a debt is said to be due the instant that it has existence as a debt; it may be payable at a future time.Due, normally refers to an amount which the creditor has a right to recover, State of Kerala v. V.R. Kalliyanikutty, (1999) 3 SCC 657.May, on the one hand express the mere fact, or the state, of indictment, as an equivalent simply of 'owing' or on the other hand, it may refer to the time of payment, indicating that the obligation is immediately enforceable, and is then an equivalent of payable, GEI Engineering Ltd. v. Asst. Commr., Comrl. Tax (M.P.), (2006) STC 177 (Vol. 146).Means owing and demanding payable it imports a fixed and settled obligation, Shriram Engineering Construction Company Ltd. v. Kerala State Industrial Development, AIR 2007 (NOC) 1065 (Ker)....
Debt owing and debt due
Debt owing and debt due, the word 'debt' is an applicable to a sum of money which has been promised at a future day as to a sum now due and payable. When there is an obligation to pay a sum of money at a future date, it is a debt owing but when the obligation is to pay a sum of money in presenti, it is a debt due, Union of India v. Raman Iron, (1974) 2 SCC 231: AIR 1974 SC 1265: (1974) 3 SCR 556...
payment due date
payment due date Contract language specifying when payments are due on money borrowed. The due date is always indicated and means that the payment must be received on or before the specified date. Grace periods prior to assessing a late fee or additional interest do not eliminate the responsibility of making payments on time. Source: U.S. Department of Housing and Urban Development ...
holder in due course
holder in due course :the holder of a negotiable instrument that is complete and regular on its face and that is taken in good faith and for value without notice that it is overdue or has been dishonored or that there is any defense against it or claim to it by any party compare bona fide holder NOTE: A holder in due course takes the negotiable instrument free of any claims to it and of most defenses of a party to it. Federal Trade Commission rules have abolished the status of holder in due course in consumer transactions. ...
Holder in due course
Holder in due course is 'a holder who has taken a bill of exchange [cheque or note], complete and regular on the face of it,' under the following conditions, namely:-(a) That he became the holder of it before it was overdue, and without notice that it had been previously dishonoured, if such was the fact.(b) That he took the bill [cheque or note] in good faith and for value, and that at the time it was negotiated to him he had no notice of any defect in the title of the person who negotiated it, Bills of Exchange Act, 1882 (45 & 46 Vict. c. 61), s. 29.A person who in good faith has given value for a negotiable instrument that is complete and regular on its face, is not overdue, and, to the possessor's knowledge has not been dishonoured, Black's Law Dictionary, 7th Edn.In R. E. Jones Ltd. v. Warning and Gillow Ltd., 1926 AC 670, it was held that the original payee of a cheque is not a holder in due course within the meaning of the Bill of Exchange Act, 1882.Means any person who for cons...
due care
due care : the care that an ordinarily reasonable and prudent person would use under the same or similar circumstances called also ordinary care reasonable care see also due diligence compare fault, negligence ...
due process clause
due process clause : a clause in a constitution prohibiting the government from depriving a person of life, liberty, or property without due process of law ;specif often cap D&P&C : such a clause found in the Fifth and Fourteenth Amendments to the U.S. Constitution ...
due process of law
due process of law :due process ...
procedural due process
procedural due process : due process ...
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