Honorarium - Law Dictionary Search Results
Home Dictionary Name: honorariumHonorarium
Honorarium, a recompense for service rendered; a voluntary fee to one exercising a liberal pro-fession--e.g., a barrister's fee. See PHYSCIAN.A payment of money or anything of value made to a person for services rendered for which fee cannot legally be or are not traditionally paid, Black's Law Dictionary, 7th Edn.The Shorter Oxford Dictionary gives the meaning of the word 'honorarium' as an honorary reward, a fee for professional service rendered, while on the meanings of the word 'salary' is, fixed payment made periodically to a person as compensation for regular work, remuneration for services rendered, fee, honorarium. Thus, in one aspect honorarium and fee are used almost as though they are interchangeable terms, Karbhari Bhimaji Rohamare v. Shanker Rao Genuji Kolhe, AIR 1975 SC 575 (577): (1975) 1 SCC 252: (1975) 2 SCR 753....
Jus honorarium
Jus honorarium, the body of Roman Law, which was made up of edicts of the supreme magistrate, particularly the pr'tors.Jus honorarium, means 'magisterial law'. The body of law established by the edicts of the supreme magistrates including the praetors and the aediles (jus aedilium), Black's Law Dictionary, 7th Edn., p. 865....
Honorarium jus
Honorarium jus, the law of the pr'tors and the edicts of the 'diles, Civ. Law....
Salary
Salary, a recompense or consideration generally periodically made to a person for his service in another person's business; also wages, stipend, or annual allowance. See RECEIPT.An agreed compensation for services esp. pro-fessional or some professional services usu. paid at regular intervals on yearly basis, as distinguished from an hourly basis, Black's Law Dictionary, 7th Edn., p. 1337.The ancients derive the word from sal, salt (Plin. H.N. xxxi. 42)--the most necessary thing to support human life being thus mentioned as a representative of all others.The word 'salary' as used in clause (h) of s. 60 is meant to be confined to the emoluments of labourers and domestic servants. It makes a distinction between salary and the wages of labourers and domestic servants, Raghunandan Sahai v. Jaigobind Sahay, AIR 1942 Pat 194.The word 'salary' as used in proviso (1) to s. 60, Civil Procedure Code must be construed as meaning the total monthly emoluments to which a public servant is entitled, ...
VerbarHonorarium
A fee offered to professional men for their services as an honorarium of one thousand dollars...
Barrister, or Barrastor
Barrister, or Barrastor, a counsellor or advocate learned in the law, admitted to plead at the bar, and there to take upon himself the protection and defence of clients. He is termed jurisconsultus and licentiatus in jure. As to the mode and qualification for obtaining the degree of a barrister, see INNS OF COURT; and consult Marchant on Barristers; Warren's Law Studies; Forsyth's Hortenisus; and Chitty on Contracts; also Mew's Digest, tit. 'Barrister.'It shall mean a barrister of England or Ireland, or a member of the Faculty of Advocates in Scotland. [General Clauses Act, 1897 (10 of 1897), S. 3 (4)]Fees.--A barrister can maintain no action for his fees, which are given not as a salary or hire, but as a mere honorarium or gratuity, and even an express promise by a client to pay money to counsel for his advocacy is not binding, see Re Le Brasseur & Oakley, (1896) 2 Ch 487; Kennedy v. Broun, (1863) 13 CBN S 677, where the whole law on the subject of counsel's fees is elaborately discus...
Office of profit
Office of profit, a person who was a Pramukh at the time of filing of nomination papers and who was drawing a honorarium was not holding an office of profit, Umrao Singh v. Yeshwant Singh, AIR 1970 Raj 134 (141). [Constitution of India, Art. 102(1)(a)]It need not be in the service of Government. Generally it is understood that an office means a position to which certain duties are attached. An office of profit involves two elements namely that there should be such an office and that it should carry some remunerations. It is not the same as holding a post under the Government and therefore for holding an office of profit under the Government, a person need not be in the service of the Government, Satrucharla Chandrasekhar Raju v. Vyricherla Pradeep Kumar Devi, AIR 1992 SC 1959: (1992) 4 SCC 404.The word 'office' does not, therefore, necessarily imply that it must have an existence apart from the person, who may hold it. Cases are known, in which, in order to make use of the Special know...
Public servant
Public servant, has the same meaning as in s. 21 of the Indian Penal Code. [Arms Act, 1959 (54 of 1959), s. 2(1)(j)]Public servant has the same meaning as in s. 21 of the Indian Penal Code. [Wealth-tax Act, 1957 (27 of 1957), s. 2]Public servant shall have the meaning assigned to it in s. 21 of the Indian Penal Code. [Protection of Human Rights Act, 1993 (10 of 1994), s. 2 ]The chairman of the managing committee of a muni-cipality is a 'public servant' within the meaning of the s. 2; Maharudrappa Danappa Kesarappanavar v. State of Mysore, AIR 1961 SC 785: (1962) 1 SCR 129.(ii) The Minister is a 'public servant'. In accordance with the instructions issued by the Government he was to preside over the meetings of the Advisory Committee. He was doing so as a Minister andin execution and discharge of his duty as such public servant, Dattatraya Narayan Patil v. State of Maharashtra, AIR 1975 SC 1685: (1976) 1 SCC 11: (1975) Supp SCR 145.(iii) For the purposes of this Act, 'public servant' me...
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial