Exceptional Grant - Law Dictionary Search Results
Home Dictionary Name: exceptional grantExceptional grant
Exceptional grant, the exceptional grants are to be regulated by the same procedure as is applicable in the case of demands for grants subject to such adaptations as the speaker, Lok Sabha, may deem to be necessary or expedient, Rules of Procedure and Conduct of Business in Lok Sabha, 10th Edn., 2002, r. 215.In India, the Lok Sabha has the power to make an exceptional grant which does not form part the current service of any financial year, Constitution of India, Art. 166.In U.K. such grants are presented either as estimates or dealt with on a financial resolution. A grant to provide for rewards to individuals for distingui-shed public service, a special grant for presentation of a mail to a new commonwealth legislature etc. are examples of exceptional grant, the Office of the Speaker in the Parliaments of Commonwealth, Wilding and Philip Laundary, p. 255.Is the type of sanction of money by Parliament of cover expenses of an unusual character, Dictionary of Constitutional and Parliamen...
Exception
Exception, exclusion of anything or person; a stop or stay to an action; also the particular point of law stated in the margin of a demurrer. In Chancery, exceptions might be taken to pleadings if scandalous, and if a defendant's answer were insufficient, the plaintiff might file exceptions to it, Sm. Ch. Pr. 344, 786.An exception, in a conveyance, must be of part of the thing granted and of a thing in esse at the time of the grant; whereas a reservation must be of some new thing issuing out of the thing granted; see Co. Litt. 47 a; Shep. Touch. 80; Savill Bros., Ltd. v. Bethell, (1902) 2 Ch 523, and see RESERVATION.Under s. 162(1)(d) of the (English) Law of Properties Act, 1925, the rule of law relating to perpetuities does not apply to any exception of any right of entry or user of the surface of land, or to easements, rights and privileges in relation to mines and minerals as set out in the section.In summary proceedings upon an Act of Parliament, an exception in the Act 'may by pro...
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...
Cessate grants
Cessate grants, where a testator has directed that in a certain event some other person is to be substituted for his original executor, that other person becomes entitled upon the happening of the event to a grant in his own favour. Such a grant is known as a cessate or second grant, and differs from a grant de bonis non-administrators by being a re-grant of all the estate remaining, and by being a grant of probated and not of administration with the Will annexed, Halsbury's Laws of England, Vol. 17, para 863, p. 455....
Bill of exceptions
Bill of exceptions. Prior to the Judicature Acts, if a judge, at the trial of a cause at Nisi Prius, mistook the law, either in directing a judgment of nonsuit or in refusing or admitting evidence or challenges, and other matters, the counsel for the party dissatisfied with the ruling of the judge might tender a bill of exceptions at any time before verdict, and require the judge to seal it.By the Judicature Act, 1875, Ord. LVIII., r. 1, bills of exception are abolished. But it is provided by s. 22, 'that nothing in the said Act, nor in any rule, etc., shall prejudice the right of any party to any action to have the issues for trial by jury submitted and left by the judge to the jury, etc.: Provided also, that the said right may be enforced either by motion in the High Court of Justice or by motion in the Court of Appeal, founded upon an exception entered upon or annexed to the record.' It is believed that this section has never been acted upon. The present mode of proceeding is by mot...
Token grant
Token grant, in India, demand for grant of a token sum is brought before the House when funds to meet expenditure on 'new notice' can be made available by re-appropriation; if House assents to the demand, funds are made available, Rules of Procedure and Conduct of Business in Lok Sabha, 10th Edn., 2002, r. 217.In UK the token sum is inserted under the appropri-ate subhead in the main estimate itself; it is done because, being a new service, sufficient detail is not available and also the amount of the grant cannot be precisely estimated, Parliamentary Practice, Erskine May, 22nd Edn., 1997, p. 749.Token grant, is a grant of a token sum made by Parliament to meet the proposed expenditure on a new service, Rules of Procedure and Conduct of Business in Lok Sabha, 10th Edn., 2002, r. 217...
Double 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....
Save with the authority of law and except by authority law
Save with the authority of law and except by authority law, there is no distinction between the expression, 'save with the authority of law' in art. 31(1) and the expression 'except by authority of law' in art. 265. Laws under art. 31(1) must lay down a procedure containing reasonable restric-tions. Law under art. 265 also lays down a pro-cedure. Therefore, there is no difference between the expression 'except according to procedure established by law' in art. 21 and the expression save with the authority of law' in art. 31(1) or the expression 'except by authority of law' in art. 265, Additional District Magistrate v. Shivakant Shukla, AIR 1976 SC 1207: (1976) 2 SCC 521: (1976) Supp SCR 172. (Constitution of India, Art. 21)...
except
except : to take or leave out (as from insurance coverage or a deed) : exclude [specifically ed the air carriers and unions from the provisions "M. A. Kelly"] vi : object ;esp : to file a bill of exceptions or make a formal exception [ed to the judge's order] ...
exception
exception 1 : something that is excepted or excluded ;esp : a situation to which a rule does not apply [the supreme Court shall have appellate jurisdiction, both as to law and fact, with such s, and under such regulations as the Congress shall make "U.S. Constitution art. III"] 2 : an act of excepting ;esp : exclusion of a section of real property from a conveyance compare reservation 3 : a usually written objection esp. to a judge's ruling [demurrers, pleas, and s for insufficiency of a pleading shall not be used "Federal Rules of Civil Procedure Rule 7(c)"] used esp. in equity proceedings ...
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