Earmark - Law Dictionary Search Results
Home Dictionary Name: earmarkearmarking doctrine
earmarking doctrine [probably so called because the loan has been earmarked, i.e., specifically designated, by the debtor to pay a specific creditor] : a doctrine in bankruptcy law: a loan made by a third person to a debtor to enable the debtor to pay off a specified creditor cannot be avoided by the trustee as a preference since the debtor never actually had control of the funds and the transfer does not diminish the debtor's estate ...
Earmark
Earmark, a mark for identification. Money has no earmark, but it is an ordinary term for a privy mark made by any one on a coin, but money in a purse or container and set aside for a purpose, i.e., may be traced. As to the appropriation of payments, see CLAYTON'S CASE.Originally, a mark upon the ear -- a mode of marking sheep and other animals, Black's Law Dictionary, 7th Edn....
Earmark
A mark on the ear of sheep oxen dogs etc as by cropping or slitting...
Lugmark
A mark cut into the ear of an animal to identify it an earmark...
Agricultural land
Agricultural land, 'means any land used as arable, meadow, or pasture ground only, cottage gardens exceeding one quarter of an acre, market gardens, nursery grounds, orchards or allotments, but doe not include land occupied together with a house as a park, gardens other than as aforesaid, pleasure grounds, or any land kept or preserved mainly or exclusively for purposes of sport or recreation, or land used as a racecourse.'-Agricultural Rates Act, 1896, s. 9. Compare definition of 'agriculture' in Small Holdings and Allotments Act, 1908, s. 61, as including 'horticulture, forestry and the use of land for any purpose of husbandry, inclusive of keeping or breeding of live stock, poultry or bees, and the growth of fruit, vegetables and the like.'Unless there was evidence that forest lands had been, in some way set apart or earmarked for or linked up with an agricultural purpose, by their owners or occupiers, it could not be held that they are agricultural lands, Controller of Estate duty ...
Forest land
Forest land, without evidence to show that forest land had been cleared and prepared or earmarked for agricultural purposes, it must be treated as prima facie non-agricultural land, Controller of Estate Duty v. V. Venugopala Varma Rajah, AIR 1977 SC 121: (1976) 4 SCC 3: (1977) 1 SCR 346.The term 'forest land', occurring in s. 2, will not only include 'forest' as understood in the dictionary sense, but also any area recorded as forest in the Government record irrespective of the ownership, T.N. Godavarman v. Union of India, AIR 1997 SC 1228 (1230). [Forest (Conservation) Act, 1980, s. 2]See also W.L. Wadhera v. Union of India, (2002) 9 SCC 108: AIR 2002 SC 1913.The expression 'forest land' should be given an extended meaning to cover a track of land covered with trees, shrubs, vegetation and undergrowth under mingled with trees with pastures, be it of natural growth or man made forestation. Samatha v. State of Andhra Pradesh, AIR 1997 SC 3297 (3380). [Forest (Conservation) Act, 1980, s....
Insurance
Insurance, see, Income-tax Act, 1961 (43 of 1961), s. 80C, Expl. 1.Insurance, the act of providing against a possible loss, by entering into a contract with one who is willing to give assurance, that is, to bind himself to make good such loss should it occur. In this contract, the chances of benefit are equal to the insured and the insurer. The first actually pays a certain sum, and the latter undertakes to pay a larger, if an accident should happen. The one renders his property secure; the other receives money with the probability that it is clear gain. The instrument by which the contract is made is called a policy; the stipulated consideration, a premium. As to what is known as a coupon policy, i.e., a coupon cut out of a diary, etc., see General Accident, etc., Assce. Corpn. v. Robertson, 1909 AC 404.Insurable Interest must be possessed by the person taking out a policy; he must be so circumstanced as to have benefit from the existence of the person or thing insured, and some preju...
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