Equitable Tolling - Law Dictionary Search Results
Home Dictionary Name: equitable tollingequitable tolling
equitable tolling : a doctrine or principle of tort law: a statute of limitations will not bar a claim if despite use of due diligence the plaintiff did not or could not discover the injury until after the expiration of the limitations period ...
Toll
Toll [fr. tollo, Lat.], to bar, defeat, or take away, as to 'toll an entry' is to deny and take away the right of entry. See (English) Real Property Limitation Act, 1833 (3 & 4 Wm. 4, c. 27), s. 39.1. A sum of money paid for use of something esp. The consideration paid to use a public road, highway, or bridge2. A charge for a long call distance, Black's Law Dictionary, 7th Edn.[fr. tol, Sax. And Dut.; told, Dan.; toll, Wel.; taille, Fr.] has two significations:-(1) A liberty to buy and sell within the precincts of the manor, which seems to import as much as a fair or market.(2) A tribute or custom paid for passage. For its importance in railway law, see ss. 3, 86 and 92 of the Railways Clauses Consolidation Act, 1845, s. 86, providing that:-It shall be lawful for the company to use and employ locomotive engines or other moving power, and carriages and waggons to be drawn or propelled thereby, and to carry and convey upon the railway all such passengers and goods as shall be offered to ...
Toll thorough, toll traverse
Toll thorough, toll traverse, the expression 'toll thorough' means where a town prescribes to have toll for every beast that goes through their town. The term 'toll traverse' means where one claims to have an amount for every beast that is driven over his ground, Hansraj & Sons v. State of J&K, (2002) 6 SCC 227: AIR 2002 SCC 2692 (2696). [J&K Levy of Tolls Act, Samvat 1995 (8 of 1995), (1938 AD), s. 3(1) and Schedule I]...
Toll-traverse
Toll-traverse, is a toll taken in respect of the original ownership of the land crossed by the public the land having been at the date of the grant the grantee's private property, and having been then dedicated by him to the public in consideration of the toll to be taken, Halsbury's Laws of England, 4th Edn., p. 96, para. 138.Toll-traverse, or Travers, toll taken for every beast driven across a man's land. He may prescribe and distrain for it via regia, Cro. Eliz. 710....
Tolls at common law
Tolls at common law, is stated that the common law recognizes two classes of tolls payable under a grant or presumed grant from the Crown in respect of the passage of a highway or bridge, namely, tolls-traverse and tolls-thorough, Halsbury's Laws of England, 4th Edn., p. 97, para. 138....
Tolls under statute
Tolls under statute, is stated that highway and bridge tolls may be payable under statute. In the case of an independent statutory undertaking engaged in the maintenance of a bridge, the power to revise the amount of the tolls may be in the undertakers' discretion or the tolls may only be subject to requirement that they are to be reasonable in amount, Halsbury's Laws of England, 4th Edn., p. 97, para. 139....
Equitable estates and interests
Equitable estates and interests, Rights relating to property of which the legal ownership is vested in another person, or in the equitable owner himself in another capacity. The rights arise whenever a person obtains a title to have the property or an estate or interest in it vested in himself, e.g., by contract or by any conveyance or assignment which does not by law transfer or vest the legal estate or ownership in the transferee, by mortgage or charge, and whenever a trust arises, either express, constructive, implied or by operation of law. In theory the legal owner alone was entitled, both in law and equity, to the property, and he alone was responsible for the obligations and incidents attaching to the property, the beneficial owner merely having a personal right inequity to force the legal owner to carry out his obligation or trust, but the rights and obligations of beneficial ownership became recognized and affected by statute. The Statute of Uses turned the beneficial right or...
toll
toll [Old English, tax or fee paid for a liberty or privilege, ultimately from Late Latin telonium custom house, from Greek tolōnion, from telōnēs collector of tolls, from telos tax, toll] : a charge for the use of a transportation route or facility ;broadly : a charge for use [a water ] vb [Anglo-French tollir toller to take away, make null, bar, ultimately from Latin tollere to lift up, take away] vt 1 : to take away (as a right) 2 a : to remove the effect of [the court did not the statute of repose after the statutory period had expired] b : suspend [ the running of the statute of limitations] compare run vi : to be suspended [statute of limitations s for a period of seventy-five days following the notice "Parker v. Yen, 823 S.W.2d 359 (1991)"] n : a suspension of effect [the court extended the statute of limitations ] ...
Just and equitable
Just and equitable, are a recognition of the fact that a limited company is more than a mere legal entity with a personality in law of its own: that there is room in company law for recognition of the fact that behind it, or amongst it, there are individuals, with rights, expectation and obligation inter se which are not necessarily submerged in the company structure. A. Company H.L.(E) (in re:), (1999) 1 WLR 1092.Just and equitable, the principle of 'just and equitable' clause baffles a precise definition. It must rest with the judicial discretion of the court depending upon the facts and circumstances of each case. These are necessarily equitable considerations and may, in a given case, be super imposed on law. Whether it would be so done in a particular case cannot be put in the straitjacket of an inflexible formula, Hind Overseas Private Limited v. Raghunath Prasad Jhunljunwalla, AIR 1976 SC 565 (574): (1976) 3 SCC 259: (1976) 2 SCR 226.The words 'just and equitable' which occur in...
Toll-thorough
Toll-thorough, is independent of any ownership of the soil by the original grantee, the consideration necessary to support it being usually the liability to repair the particular highway or bridge, Halsbury's Laws of England, 4th Edn., p. 96, para. 138.When a town prescribes to have toll for such a number of beasts, or for every beast that goes through the town, or over a bridge or ferry belonging to it, Com. Dig., tit. 'Toll' (C)....
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