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Wills. A will is the valid disposition by a living person, to take effect after his death, of his disposable property. ''But in law ultima voluntas in scriptis is used, where lands or tenements are devised, and testamentum, when it concerneth chattels': Co. Litt. 111 a.Depository of Will of Living Person.-By the (English) Jud. Act, 1925, s. 172, replacing s. 91 of the Court of Probate Act, 1857:-There shall, under the control and direction of the High Court, be provided safe and convenient depositories for the custody of the wills of living persons, and any person may deposit his will therein.And see (English) Administration of Justice Act, 1928 (18 & 19 Geo. 5, c. 26), s. 11, as to deposit of wills under control of the High Court.Law before 1838.-The right of testamentary aliena-tion of lands is a matter depending on Act of Parliament. Before 32 Hen. 8, c. 1, a will could not be made of land, and before the Statute of Frauds a will (see NUNCUPATIVE WILL) could be made by word of mouth...
Steward of manor
Steward of manor, the lord's deputy, who transacts all the legal and other business connected with the estate, and takes care of the Court-rolls. The office is usually held by the lord's solicitor. The office has been deprived of much of its importance in consequence of the abolition of copyhold tenure by the (English) Law of Property Act, 1922 (see COPYHOLDS). The scale of compensation to the steward of the manor if he was appointed before the 29th June, 1922, is provided for by the 14th Sch. of the (English) Law of Property Act, 1922, and see the (English) L.P. (Amendment) Act, 1924. See also the (English) L.P. Act, 1922, and the (English) Enfranchised Land (Stewards' Fees) Regulations, S.R. & O., 1926, No. 3, as to fees payable to stewards upon extinguishment of manorial incidents and upon the compulsory production of assurance of former copyholds to him. Upon a vacancy for three months in the office and on other occasions the Lord Chancellor may upon default of the lord of the mano...
Best judgment assessment
Best judgment assessment, It is primarily made on the basis of the accounts maintained by the assessee. But, when the assessing officer comes to the conclusion that no reliance can be placed on the accounts maintained by the assessee, he proceeds to assess the assessee on the basis of his 'best judgment'. In doing so, he may take such assistance as the assessee's accounts may afford, he may also rely on other information gathered by him as well as the surrounding circumstances of the case. The assessments made on the basis of the assessee's accounts and those made on 'best judgment' basis are totally different types of assessments, Commissioner of Sales Tax v. H.M. Esufali, (1973) 2 SCC 137: AIR 1973 SC 2266: (1973) 3 SCR 1005. [Madhya Pradesh General Sales Tax Act, 1958, s. 18(4) and 19]The power to levy assessment on the basis of best judgment is not an arbitrary power; it is an assessment on the basis of best judgment, State of Orissa v. Shri B. P. Singh Deo, (1971) 3 SCC 52: AIR 19...
Capital offences
Capital offences, those crimes upon conviction of which the offender is condemned to be hanged. The only crimes now punishable with death are high treason; murder; destruction of H. M. Ships, arsenals, etc. (12 Geo. 3, c. 24); piracy when accompanied by attempted murder [(English) Piracy Act, 1837 (7 Wm. 4 & 1 Vict. c. 88) s. 2]. See PIRACY.Originally all felonies were capital, but early in the 19th century, mainly through the exertions of Sir Samuel Romilly, the severity of the law was mitigated by rapid steps in this respect. Larceny in a dwelling-house up to the value of 40s. was long a capital offence, with the result that juries, to save a prisoner's life, would often falsely find that valuable goods stolen were of the value of 39s.Sentence of death cannot be pronounced on or recorded against a young person under 18. [Children and Young Persons Act, 1933 (23 & 24 Geo. 5, c. 12), s. 53]...
Bonus
Bonus, premium or advantage; an occasional extra dividend; a gratuity. As to the respective rights of tenant for life and remaindermen in a bonus declared by a company, see Bouch v. Sproule, (1887) 12 App Cas 385; Re Northage, (1891) 60 LJ Ch 488, and see Palmer's Company Law, 15th Edn., 228.Means a premium paid in addition to what is due or expected e.g. year end bonus. In the employment context, worker's bonuses are not a gift or gratuity; they are paid for services or on consideration in addition or in excess of the compensation that would ordinarily be given; a payment made to the lessee for the execution of an oil-and-gas lease, the lessee received a large bonus at closing, Black Law Dictionary, 7th Edn., p. 176.Bonus is not, as its etymological meaning would suggest, a mere matter of bounty gratuitously made by the employer to his employees; nor is it a matter of deferred wages. It has been held by this Court in Muir Mills Co. Ltd. v. Suti Mills Mazdoor Union, Kanpur, (1955) 1 SC...
Excess grant
Excess grant, is the authorisation given by Parliament to the money spent by department in excess of the amount granted for a service in particular year, the Office of Speaker in the Parlia-ments of Commonwealth, Wilding and Philip Laundry, p. 255, Parliamentary Practice, Erskine May, 22nd Edn., 1997, p. 751, Parliamentary Dictionary, L.A. Abraham and S.C. Hawtrey, 1956 and H.M. Barclay, 3rd Edn., 1970, p. 97, Constitution of India, Art. 115(b)....
Back Bencher
Back Bencher, is the member of British Parliament or of those based on British pattern who are not among the party leadership, Dictionary of Political Science, Joseph Dunner, (1965), p. 40.Back Bencher is an occupant of a seat in the House of Commons or similar assembly, used for a member not entitled to a front bench seat. The office of the Speaker in the Parliaments of Commonwealth, Philip Laundy & Wilding, p. 33.Back Bencher, neither holds office in Government nor belongs to the inner Councils of the party in opposition, he occupies any but the two front benches in the Chamber, though the member of a party he is generally regarded as being freer to differ from its policy than his colleagues on the front benches. Dictionary of Political Science, Joseph Dunner, (1965); Parliamentary Dictionary, L.A. Abraham & S.C. Hautrey (1956); H.M. Barclay, 3rd Edn., 1970, p. 21....
Receiving the articles
Receiving the articles, conveyance or package 'within the octroi limits necessarily implies that the word receiving' would cover the storing or keeping of such articles within the municipal limits, also for use, consumption or sale, especially when the enforcing staff can demand the production of a bill, invoice or document of a like nature relating to such articles, M/s Eko Electronics, Patiala v. State of Punjab, AIR 1994 P&H 141. [See also Punjab Municipal Act (3 of 1911), ss. 76, 77]...
Landlord
Landlord, he of whom land or tenements are holden; who has a right to distrain for rent in arrear, etc., Co. Litt. 57. See Foa or Woodfall on Landlord and Tenant, and also the (English) Rent and Mortgage Interest Restrictions Act, 1920 (10 & 11 Geo. 5, c. 17), s. 70.Includes the person who is receiving or is entitled to receive the rent of a building, whether on his own account or on behalf of another or on behalf of himself and others or as an agent, trustee, executor, administrator, receiver or guardian or who would so receive the rent or be entitled to receive the rent, Raval and Co. v. K.G. Ramachandran, AIR 1974 SC 818: (1974) 1 SCC 424: (1974) 2 SCR 629.Mean a person who is the owner of the building and who has a right to remain in occupation and actual possession of the building to the exclusion of everyone else. It is such a person who can seek to evict the tenant on the ground that he requires possession in good faith for his own occupation, M.M. Quasim v. Manohar Lal Sharma, ...
Premises
Premises (pr'missa), in logic, propositions antecedently supposed or proved. In a deed the 'premises' are all the parts preceding the habendum. The word properly applies to what has been previously described or mentioned, and is used only in that sense in well-drawn instruments (Dav. Prec. in Conveyancing, vol. i.). It is, however, often used as meaning land or houses.For the statutory meaning, see particular statutes, e.g., (English) Public Health Act, 1875, s. 4, where 'premises' includes messuages, buildings, lands, easements, tenements and hereditaments of any tenure.Include any shop, stall, or place where any article of good is sold or manufactured or stored for sale. [Prevention of Food Adulteration Act, 1954 (37 of 1954), s. 2 (xi)]Means any land or any building or part of a building and includes-The garden, grounds and outhouses, if any, appertaining to such building or part of a building, andAny fittings affixed to such building or part of a building for the more beneficial en...
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