H Res - Law Dictionary Search Results
Home Dictionary Name: h res Page: 5Bonus
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...
Act of Bankruptcy
Act of Bankruptcy, an act, the commission of which by a debtor renders him liable to be adjudged a bankrupt if the petition is presented within three months thereafter.Under s. 1 of the (English) Bankruptcy Act, 1914 (4 & 5 Geo. 5, c. 59), any one of the following acts of a debtor is an act of bankruptcy:-(a) Having made an assignment of his property in trust for his creditors generally.(b) Having made a fradulent conveyance, gift, delivery, or transfer of his property, or of any part thereof.(c) Having made a conveyance amounting to a 'fradulent preference.'(d) Having, with intent to defeat or delay his creditors, departed out of England, or being out of England, remained out of England; or having absented himself; or begun to keep house.(e) If execution against him has been levied by seizure of his goods under process in any Court or in any civil proceeding in the High Court, and the goods have been either sold or held by the sheriff for 21 days:Provided that where an interpleader su...
return
return 1 a : to give (an official account or report) to a superior (as by a list or statement) [ the names of all residents in the ward] [ a list of jurors] b : to bring back (as a writ, verdict, or indictment) to an office or tribunal [the sheriff must the execution…to the proper clerk within sixty days "J. H. Friedenthal et al."] [the grand jury ed six indictments] [ed a verdict of not guilty] 2 : to bring in or produce (as earnings or profit) : yield re·turn·able adj n 1 a : the delivery of a court order (as a writ) to the proper officer or court b : proof of service 2 : return day 3 : an account or formal report (as of an action performed or duty discharged or of facts and statistics) [census s] ;esp : a set of tabulated statistics prepared for general information usually used in pl. 4 a : a report of the results of balloting [election s] b : an official declaration of the election of a candidate [each house shall be the judge of the elections, s,...
rehabilitate
rehabilitate -tat·ed -tat·ing 1 : to restore to a former capacity ;specif : to restore credibility to (a witness or testimony) [the State simply brought out all of the prior statements to qualify or explain the inconsistency and to the witness "People v. Page, 550 N.E.2d 248 (1990)"] compare impeach NOTE: A witness whose trial testimony is inconsistent with his or her pretrial usually sworn statements is considered impeached. Such a witness may be rehabilitated usually on redirect examination. There are various state and federal evidentiary rules governing what evidence (as character evidence) is admissible to rehabilitate a witness. 2 a : to restore to a former state (as of good repair or solvency) [if the debtor wishes to liquidate rather than reorganize or the farming operation "J. H. Williamson"] b : to restore (as a convicted criminal defendant) to a useful and constructive place in society through therapy, job training, and other counseling re·ha·bil...
judgment
judgment also judge·ment [jəj-mənt] n 1 a : a formal decision or determination on a matter or case by a court ;esp : final judgment in this entry compare dictum, disposition, finding, holding, opinion, ruling, verdict NOTE: Under Rule 54 of the Federal Rules of Civil Procedure judgment encompasses a decree and any order from which an appeal lies. cog·no·vit judgment [kÄ g-nō-vit-] : an acknowledgment by a debtor of the existence of a debt with agreement that an adverse judgment may be entered without notice or a hearing : confession of judgment consent judgment : a judgment approved and entered by a court by consent of the parties upon agreement or stipulation : consent decree at decree declaratory judgment : a judgment declaring a right or establishing the legal status or interpretation of a law or instrument [seeking a declaratory judgment that the regulation is unconstitutional] compare damage, injunction specific performance at per...
claim
claim [Old French, from clamer to call, claim, from Latin clamare to shout, proclaim] 1 a : a demand for something (as money) due or believed to be due ;specif : a demand for a benefit (as under the workers' compensation law) or contractual payment (as under an insurance policy) b : a paper embodying such a demand [filing a with the court] 2 : a title to something (as a debt or privilege) in the possession of another [assigned her to the proceeds] 3 a : a right to seek a judicial remedy arising from a wrong or injury suffered [a plaintiff who has been injured in an accident has…one for a broken arm, another for a ruptured spleen, and so forth "J. H. Friedenthal et al."] ;also : the formal assertion of such a right [bringing a in the district court] b : cause of action [a plaintiff stated a against a seller of applesauce when she alleged that her children…ate the applesauce…and were then so discomforted that they had to have their stomachs pumped "J. J. Whit...
accessory
accessory also ac·ces·sa·ry [ik-se-sə-rē, ak-] n pl: -ries [Medieval Latin accessorius subordinate matter, accomplice to a crime, from Latin accedere to go to, agree, assent] 1 : a person who is not actually or constructively present but with criminal intent contributes as an assistant or instigator to the commission of a felony called also accessory before the fact compare principal in the second degree at principal NOTE: The traditional distinction between accessories before the fact and principals, that accessories were not present and principals were present at the commission of the crime, is not recognized under most modern state statutes. Accessories before the fact are usually considered principals. 2 : a person who knowing that a felony has been committed aids, assists, or shelters the offender with the intent to defeat justice called also accessory after the fact NOTE: Many state statutes now omit the term accessory after the fact and instead c...
Wages
Wages, if the remuneration is to be paid daily or weekly, it can be called wages. But when it is monthly remuneration payable on the last day of the month or after that date, and when the remuneration considering the general standards of payments is fairly high, then it has to be understood as salary, K.V.V. Sharma (in re), (1952) 2 Mad LJ 917.Includes any bonus or other additional remunera-tion etc., and any sum 'payable to such person by reason of the termination of his employment, A.R. Sarin v. B.C. Patil, AIR 1951 Bom 423.Means remuneration payable to an employee under an award or settlement, Purshottam v. Potdar, AIR 1966 SC 856.Means remuneration which an employer is liable to pay, if the term of the contract of employment are fulfilled. In other words, they are payments made by an employer for services rendered, G.M. Joshi v. First Civil Judge, AIR 1958 Bom 262.Wages, ought to include gratuity as well, Tirjugi Sitaram v. Badlu Prasad Bheru Prasad, AIR 1962 MP 361.The compensatio...
- << Prev.
- Next >>