Indian Stamp Act 1899 - Page 4 - Law Dictionary

Electric lighting

Electric lighting. The supply of electricity for light-ing is facilitated and regulated by the (English) Electric Lighting Act, 1882 (45 & 46 Vict. c. 56). Under this Act powers may be obtained either (1) by license from the Board of Trade; or (2) by Provisional Order of the Board of Trade, needing confirmation by special Act of Parliament; or (3) by special Act of Parliament. The (English) Electric Lighting Clauses Act, 1899 (62 & 63 Vict. c. 19), has incorporated in one Act the usual clauses of provisional orders and special Acts, and directed that such clauses are to apply to every undertaking under the Electric Lighting Acts except so far as expressly varied. These licenses and orders may either be granted to the local authorities themselves or, with their consent, to independent contractors. Licenses continue in force for any period not exceeding seven years, but are renewable. By s. 27 of the (English) 1882 Act an undertaking autho-rized by provisional order or special Act may be...

Executor

Executor. A person appointed by a testator to carry out the directions and requests in his will, and to dispose of the property according to his testamentary provisions after his decease.One who performs or carries out some act, Black's Law Dictionary, 7th Edn., p. 591.The leading duties and responsibilities of an executor may be thus classed:-(1) He will not be allowed as against creditors extravagant funeral expenses if the testator died insolvent; and if he neglects to secure the property, and loss ensue, he will be personally liable for a devastavit, but will not be responsible for mere neglect to take out probate (Re Stevens, (1898) 1 Ch 162). See DEVASTAVIT.(2) By operation of law by virtue of his office he takes a title to the personal property of the testator which vests him with full power ovr the testator's chattels, Attenborough v. Solomon, 1913 AC 76, and by Administration of Estates Act, 1925, s. 1, extending and amending the Land Transfer Act, 1897, real property devolves...

Tenant

Tenant, embraces in itself, the heirs of the deceased called 'statutory tenants' as even after the determination of the tenancy continued to have an estate on the tenanted premises, which are heritable, Kasturi Lal v. Brimlal, 1986 Sim LJ 86.Tenant, includes a sub-tenant and self-cultivating lessee, but shall not include a present holder, Punjab Tenancy Act, 1887, ss. 5, 6, 7, 8; Punjab Settlement Manual, 1899, pp. 142.Tenant, is a word which standing by itself denotes in law 'one who holds lands by any kind of title whether for years or for life or in fee' and does not necessarily mean a lessee unless it is used in opposition to landlord, Ekambara Ayyar v. Meenatchi Ammal, 1904 ILR 27 Mad 401.Means a agriculturist who cultivates personally the land he holds on lease from the landlord and includes a person who is deemed to be a tenant, Racha Naika v. State of Karnataka, 1992 (3) Kant LJ 616.Means a person by whom its rent is payable, and on the tenant's death--(1) in the case of a resi...

Distinct matters and descriptions

Distinct matters and descriptions, in its popular sense, the expression 'distinct matters' would connote something different from distinct 'categories'. Two transactions might be of the same description, but all the same, they might be distinct, Member Board of Revenues v. Arthur Paul Benthall, AIR 1956 SC 35. [Stamp Act, (2 of 1899), ss. 4, 5, 6]...

Cable

Cable [fr. cabl, Welsh; cabel, Dut.], the grate rope of a ship, to which the anchor is fastened. The proof and sale of chain cables and anchors, formerly regulated by the (English) Chain Cable and Anchors Acts, 1864, 1871, and 1874 (27 & 28 Vict. c. 27), (34 & 35 Vict. c. 101), and (37 & 38 Vict. c. 51) (see Chitty's Statutes, tit. 'Shipping'), are now regulated by the (English) Consolidating Anchors and Chain Cables Act, 1899 (62 & 63 Vict. c. 23), which simplifies and amends the law by providing more elaborate tests, the Schedule containing which takes the place of Rules of the Board of Trade, by which Board, however, it can be altered from time to time.Means a length of insulated single conductor (solid or stranded or of two or more such conductors, each provided with its own insulation, which are laid up together. Such insulated conductor or conductors may or may not be provided with an overall mechanical protective covering. [Indian Electricity Rules, 1956, R. 2 (1) (g)]...

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...

Money

Money, means current coin; metal stamped in pieces as a medium of exchange and measure of value. Hence, anything serving the same purpose as coin, late ME. In mod. use applied indifferently to coin and to such promissory documents representing coin as are currently accepted as a medium of exchange, Shorter Oxford English Dictionary; see also C.I.T. v. Kasturi & Sons Ltd., (1999) 3 SCC 346.Money, the Black's Law Dictionary 5th Edn., defines the word 'money' thus: 'In usual and ordinary acceptation. It means coins and paper currency used as circulating medium of exchange, and does not embrace notes, bonds, evidences of debt, or other personal or real estate, Lane v. Railey, 280 Ky 319, 133 SW 2d 74, 79, 81. See also Currency; Current money; Flat money; Legal tender; Near money; Scrip; Wampum. A medium of exchange authorized or adopted by a domestic or foreign Government as a part of its currency, VCC $1-2-1(24).' Stroud's Judicial Dictionary, 5th Edn., defines it as follows: 'Money as cu...

Money Bill

Money, means current coin; metal stamped in pieces as a medium of exchange and measure of value. Hence, anything serving the same purpose as coin, late ME. In mod. use applied indifferently to coin and to such promissory documents representing coin as are currently accepted as a medium of exchange, Shorter Oxford English Dictionary; see also C.I.T. v. Kasturi & Sons Ltd., (1999) 3 SCC 346.Money, the Black's Law Dictionary 5th Edn., defines the word 'money' thus: 'In usual and ordinary acceptation. It means coins and paper currency used as circulating medium of exchange, and does not embrace notes, bonds, evidences of debt, or other personal or real estate, Lane v. Railey, 280 Ky 319, 133 SW 2d 74, 79, 81. See also Currency; Current money; Flat money; Legal tender; Near money; Scrip; Wampum. A medium of exchange authorized or adopted by a domestic or foreign Government as a part of its currency, VCC $1-2-1(24).' Stroud's Judicial Dictionary, 5th Edn., defines it as follows: 'Money as cu...

Bribe

Bribe, a fit to any person in office or holding a position of trust, with the object of inducing him to disregard his official duty or betray his trust for the benefit of the giver. It is a misdemeanour at common law for a public officer, whether judicial or ministerial, to accept a bribe, or for such an officer to conspire with others that he shall receive such a bribe, Rex v. Whitaker, (1914) 3 KB 1283. It has long been settled law that the secret profits of an agent belong to his principal: see De Busche v. Alt, (1878) 8 Ch D 286. The acceptance of a secret commission from the other side to a negotiation justifies the dismissal of the agent receiving it, Boston Deep Sea Fishery v. Ansell, (1888) 39 Ch D 339. The bribery of an agent avoids a contract: see Shipway v. Broadwood, (1899) 1 QB 369, where a veterinary surgeon employed to test horses by the purchaser had passed them after acceptance of a bribe from the seller. In such a case it is an immaterial inquiry to what extent the br...

Goods

Goods, Computer programs are the product of an intellectual process, but once implanted in a medium they are widely distributed to computer owners. An analogy can be drawn to a compact-disc recording of an orchestral rendition. The music is produced by the artistry of musicians and in itself is not a 'good', but when transferred to a laser-readable disc it becomes a readily merchant-able commodity. Similarly, when a professor deliv-ers a lecture, it is not a good, but, when transcribed as a book, it becomes a good. That a computer program may be copyrightable as intellectual property does not alter the fact that once in the form of a floppy disc or other medium, the program is tangible, moveable and available in the marketplace. The fact that some programs may be tailored for specific purposes need not alter their status as 'goods' because the Code definition includes 'specially manufactured goods', Advent Systems Ltd. v. Unisys Corpn., 925 F. 2d 670 3dCir 1991. Associated Cement Compa...

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