Gaining Wrongfully - Law Dictionary Search Results
Home Dictionary Name: gaining wrongfullyWrongful gain, wrongful loss
Wrongful gain, wrongful loss, a person can be said to have dishonest intention if in taking the property it is his intention to cause gain, by unlawful means, of the property to which the person so gaining is not legally entitled or to cause loss, by wrongful means, of property to which the person so losing is legally entitled. It is further clear from the definition that the gain or loss contemplated need not be a total acquisition or a total deprivation but it is enough if it is a temporary retention of property by the person wrongfully gaining or a temporary 'keeping out' of property from the person legally entitled, K.N. Mehra v. State of Rajasthan, AIR 1957 SC 369 (372). (Indian Penal Code, s. 378 and 23)...
Gaining wrongfully
Gaining wrongfully, A person is said to gain wrongfully when such person retains wrongfully, as well as when such person acquires wrongfully. A person is said to lose wrongfully when such person is wrongfully kept out of any property, as well as when such person is wrongfully deprived of property. (Indian Penal Code, s. 23)...
Wrongful gain
Wrongful gain, Wrongful gain includes wrongful retention and wrongful loss includes being kept out of the property as well as being wrongfully deprived of property. Therefore when a particular thing has gone into the hands of a servant he will be guilty of misappropriating the thing in all circumstances which show a malicious intent to derive the master of it, Krishna Kumar v. Union of India, AIR 1959 SC 1390 (1392). (Indian Penal Code, s. 24)Wrongful gain is gain by unlawful means of property to which the person gaining is not legally entitled. (Indian Penal Code, s. 23)...
Wrong
Wrong, the privation of right, an injury, a designed or known detriment. See TORT, and Addison or Clerk and Lindsell on Torts.The maxim that 'No man can take advantage of his own wrong' means that a man cannot enforce against another a right arising from his own breach of contract or breach of duty, Re London Celluloid Co., (1888) 39 Ch D 206, per Bowen, LJ.An estate gained by wrong is always a fee simple. A squatter may, of course, be ejected before the Statute of Limitations has run in his favour, but as long as he remains he has seisin of the freehold to him and his heirs, 'because wrong is unlimited and revenues all that can be gotten and is not governed by terms of the estates, because it is not contained within rules': Hob. P. 323; Co. Litt. 181 a; Williams on Seisin, p. 7. But a squatter is bound by restrictive covenants affecting the land, Re Nisbet, (1906) 1 Ch 386.In order to be a 'wrong' within the meaning of s. 23(1)(a) of the Hindu Marriage Act, 1955 the conduct alleged ha...
gain
gain 1 : an increase in value, capital, or amount compare loss capital gain : a gain realized on the sale or exchange of a capital asset (as a stock or real estate) ca·su·al·ty gain : a gain realized by an insured because property insurance benefits paid for a loss from a casualty or theft are greater than the adjusted value of the insured asset long-term capital gain : a capital gain realized on the sale or exchange of an asset held for more than a specified period (as a year) ordinary gain : a gain from the exchange or sale of an asset that is not capital short-term capital gain : a capital gain realized on the sale or exchange of an asset held for less than a specified period (as a year) that is treated as ordinary income under federal income tax laws 2 pl in the civil law of Louisiana : a class of community property that reflects the increase in property value contributed by the common skill or labor of the spouses gain vb ...
Capital gains
Capital gains, capital gains would be covered by the definition of 'income' in sub-s. (6C) of s. 2, only if they were chargeable under s. 12B. As noticed already, s. 12B as modified by the Finance Act 1949, did not charge any 'capital gains' arising between April 1, 1948, and April 1, 1957. Indeed s. 12B was not operative in these years (1948-57). During this period, 'capital gains', whether on the positive or the negative side, could not be computed and charged under s. 12B or any other provisions of the Act, Commissioner of Income-Tax (Central), Delhi v. Harprasad & Co. (P.) Ltd., (1975) 3 SCR 696: AIR 1975 SC 1282: (1975) 3 SCC 868.The goodwill generated in a newly commenced business cannot be described as an 'asset' within the terms of s. 45, and therefore its transfer is not subject to income tax under the head 'Capital gains', CIT, Bangalore v. B.C. Srinivasa Setty (1981) 2 SCR 938: (1981) 2 SCC 460: AIR 1981 SC 972.The profit realised when a capital asset is sold or exchanged, B...
Tort
Tort [fr. tortus, Lat.], an injury or wrong independent of contract, as by assault, libel, malicious prosecution, negligence, slander, or trespass (see those titles). Actions are divided into actions in contract and actions in tort: see as to county Court jurisdiction in actions of tort when claim is under 100l. (except libel, slander seduction). See County Courts Act, 1934, s. 40, and as to costs of actions of tort commenced in High Court which could have been commenced in County Court, see s. 47, and COUNTY COURT. An action founded on tort was Tort [fr. tortus, Lat.], an injury or wrong independent of contract, as by assault, libel, malicious prosecution, negligence, slander, or trespass (see those titles). Actions are divided into actions in contract and actions in tort: see as to county Court jurisdiction in actions of tort when claim is under 100l. (except libel, slander seduction). See County Courts Act, 1934, s. 40, and as to costs of actions of tort commenced in High Court whic...
Gains of learning
Gains of learning, s. 2(b) 'gains of learning' means all acquisitions of property made substantially by means of learning, whether such acquisitions be made before or after the commencement of this Act and whether such acquisitions be the ordinary or the extraordinary result of such learning. [Hindu Gains of Learning Act, 1930 (30 of 1930), s. 2(b)]...
Wrongful detention and wrongful confinement
Wrongful detention and wrongful confinement, the cause of action in wrongful detention is based on a wrongful withholding or to the plaintiff's goods. It depends on the defendant being in possession of the plaintiff's goods. If such a defendant, without any right so to do, withholds the goods from the plaintiff after the plaintiff had demanded their return, he is, for such time as he so withholds them, guilty of wrongful detention. This is the trot of which a bailee or finder is guilty who is in possession of the goods and fails to deliver them a reasonable time after demand, though it may also, in the case of a bailee, be a breach of contract. If the bailee or finder subsequently disposes of the goods, he is guilty of conversion, but the wrongful detention then comes to an end and is swallowed up in the conversion, Dhian Singh Sobha Singh v. Union of India, AIR 1958 SC 274....
capital gain
capital gain see gain ...
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