Found To Be Due - Law Dictionary Search Results
Home Dictionary Name: found to be dueFound to be due
Found to be due, words 'found to be due' connotes that payment is outstanding, i.e., that there is subsisting obligation on the Income-tax Officer to pay. If a claim to refund is barred by a final order, it cannot be said that there is a subsisting obligation to make a payment, Hindustan Construction Co. Ltd. v. V.S. Gaitonde, AIR 1965 SC 1316 (1319). [Income-tax Act, 1922, s. 49E]...
due process
due process 1 : a course of formal proceedings (as judicial proceedings) carried out regularly, fairly, and in accordance with established rules and principles called also procedural due process 2 : a requirement that laws and regulations must be related to a legitimate government interest (as crime prevention) and may not contain provisions that result in the unfair or arbitrary treatment of an individual called also substantive due process NOTE: The guarantee of due process is found in the Fifth Amendment to the Constitution, which states “no person shall…be deprived of life, liberty, or property, without due process of law,” and in the Fourteenth Amendment, which states “nor shall any state deprive any person of life, liberty, or property without due process of law.” The boundaries of due process are not fixed and are the subject of endless judicial interpretation and decision-making. Fundamental to procedural due process is adequate notice prior t...
Debt
Debt [fr. debitum, Lat.], a sum of money due from one person to another. An action of debt lay where a person claimed the recovery of a liquidated or certain sum of money affirmed to be due to him; and it was generally founded on some contract alleged to have taken place between the parties, or on some matter of fact from which the law would imply a contract between them. This was debt in the debet, which was the principal and only common form. There is another species mentioned in the books, called debt in the detinet, which lay for the specific recovery of goods, under a contract to deliver them. An action of debt as a technical term is now obsolete. See PLEADINGS. The order of the payment of debts and expenses out of legal assets in an ordinary administration action in the Chancery Division of the High Court is as follows:-1. Funeral expenses, which in the case of an insolvent estate must be strictly reasonable and necessary only, the executor or administrator being personally liabl...
Penalty dues
Penalty dues, means the penalty found to be unpaid after the expiry of the date specified in the notice of demand, The West Bengal Value Added Tax Act, 2003, s. 2(28)....
liberty clause
liberty clause often cap L&C : the due process clause found in the Fourteenth Amendment to the U.S. Constitution ...
Away-going, or Way-going crops
Away-going, or Way-going crops, crops sown during the last year of a tenancy, but not ripe until after its expiration. The right which an out-going tenant has to take an away-going crop is sometimes given to him by the express terms of the contact, but, where that is not the case, he is generally entitled to do so by local custom or usage; such custom or usage has been held to be reasonable and valid, see Wigglesworth v. Dallison, 1 Sm LC, decided by Lord Mansfield in 1799, and to apply to tenants by parol agreement as well as by deed or written contract of demise, and this for the benefit and encouragement of agriculture; but modern farming agreements frequently bar any claim under it, and substitute a claim to compensation as found due by valuers....
Finder of goods
Finder of goods, in a public place or shop, acquires a special property in them, available against all the world, except the true owner, who may recover them at anytime within six years; the finder is bound, however, before appropriating them to his own use, to take all the means in his power to discover the owner. If the property had not been designedly abandoned, and the finder knew who the owner was, or with due exertion could have discovered him, he is guilty of larceny if he keep and appropriate the Articles to his own use, see R. v. Thurborn, (1849) 1 Den CC 387; R. v. Ashwell, (1886) 16 QBD 215.Goods found on private property belong to the owner of such property, see South Staffordshire Water Co. v. Sharman, (1896) 2 QB 44, where two rings found in the mud of a pool by a workman employed amongst others to clean the pool out were recovered from the workman by the owners of the pool; and goods found buried in the earth belong to the Crown as against the finder, but not as against ...
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 ...
Nuisance
Nuisance [fr. nuire, Fr., to hurt], something noxious of offensive. Any unauthorised act which, without direct physical interference, materially impairs the use and enjoyment by another of his property, or prejudicially affects his health, comfort, or convenience, is a nuisance.Nuisance may be distinguished from negligence in that nuisance is an act or omission causing injury, the injury itself giving rise to an action for damages, while a person suffering from damage due to negligence must prove that the damage was caused by some want of care, according to its degree which was required in the particular circumstances of the case. Actions against persons or public undertakings for damage under statutory powers are generally founded on negligence. Where the actual method of exercising the power creating a nuisance is indicated by the statute negligence in the authorised method may be actionable. The onus appears to be on a defendant pleading that the nuisance was inevitable and compulso...
Confession
Confession, a statement in order to amount to a 'confession' must either admit in terms the offence, or at any rate substantially all the facts which constitute the offence. An admission of an incriminating fact, howsoever grave, is not byitself a confession. A statement which contains an exculpatory assertion of some fact, which if true, would negative the offence alleged cannot amount to a confession, Veera Ibrahim v. State of Maharashtra, (1976) 2 SCC 302: AIR 1976 SC 1167 (1171): (1967) 3 SCR 672. [Evidence Act (1 of 1987), s. 24]'Confession' in common acceptation means and implies acknowledgment of guilt--its evidentiary value and its acceptability however shall have to be assessed by the Court having due regard to the credibility of the witnesses. In the event, however, the Court is otherwise in a position having due regard to the attending circumstances believes the witness before whom the confession is made and is otherwise satisfied that the confession is in fact voluntary and...
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