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Institutions

Institutions. It was the object of Justinian to comprise in his Code and Digest, or Pandects, a complete body of law. But these works were not adapted to the purposes of elementary instruction, and the writings of the ancient jurists were no longer allowed to have any authority, except so far as they had been incorporated in the digest, Smith's Dict. of Antiq. It was therefore necessary to prepare an elementary treatise, and the Institutes were published a month before the Pandects, A.D. 533, and designed as an elementary introduction to legal study (legum cunabula). The work was divided into four books, subdivided into titles.The Institutes are the elements of the Roman Law, and were composed at the command of the Emperor Justinian, by Trebonian, Dorotheus, and The ophilus, who took them from the writings of the ancient lawyers, and chiefly from those of Gaius especially from his Institutes and his books called Aureorum (i.e., of important matters).The Institutes are divided into four...


Financial Institution

Financial Institution, means a banking company to which the Banking Regulation Act, 1949 (10 of 1949) applies (including any bank or banking institution referred to in s. 51 of that Act); or any other financial institution which the Central Government may, by notification in the Official Gazette, specify in this behalf. [Income Tax Act, 1961 (43 of 1961), s. 80E(3)(b)]Means:(i) a public financial institution within the meaning of s. 4A of the Companies Act, 1956;(ii) such other institution as the Central Government may, having regard to its business activity and the area of its operation in India by notification, specify. [Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (51 of 1993), s. 2 (h)]Financial institution means:(i) a public financial institution within the meaning of s. 4A of the Companies Act, 1956 (1 of 1956);(ii) any institution specified by the Central Govern-ment under sub-clause (ii) of clause (h) of s. 2 of the Recovery of Debts Due to Banks and Fina...


Super-institution

Super-institution, the institution of one in an office to which another has been previously instituted; as where A. is admitted and instituted to a benefice upon one title, and B. is admitted and instituted on the title or presentment of another, 2 Cro. 463.A church being full by institution, if a second institution is granted to the same church this is a super-institution; concerning which two things have been resolved:-(1) That the super-institution, as such, is properly triable in the spiritual Court; (2) that it is not triable there, in case induction has been given upon the first institution.The advantage of a super-institution is, that is enables the party who obtains it to try his title by ejectment, without putting him to his quare impedit; but many inconveniences thence following (e.g., the uncertainty to whom tithes shall be paid, and the like), this method has been discouraged, Mirehouse on Advowsons, 189....


Institution of a case

Institution of a case, A case can be said to be instituted in a court only when the court takes cognizance of the offence alleged therein. When a Magistrate takes cognizance of an offence upon receiving a complaint of facts which constitutes such offence a case is instituted in the Magistrates's court and such a case is one instituted on a com-plaint. Again, when a Magistrate takes cognizance of any offence upon a report in writing of such facts made by any police officer it is when a Magistrate takes cognizance of an offence upon receiving a complaint of facts which constitute such offence a case is instituted in the Magistrates's Court and such a case is one instituted on a complaint, Jamuna Singh v. Bhadai Shah, AIR 1964 SC 1541 (1543): (1964) 5 SCR 37. [Criminal Procedure Code, 1898, ss. 417(3), 200, 202, 156(3) and 173]...


Recognised institution

Recognised institution, means an institution for research in agriculture or extension education, other than an affiliated college. [Gujarat Agricultural University Act, 2004, s. 2(13)]Means an institution of higher learning recognised by the University within the State of Mizoram. [Mizoram University Act, 2000 (8 of 2000), s. 2(o); (58 of 1994), s. 2(o)]Means an institution specified in Schedule I with grants qualifications in occupational therapy or, as the case may be, an institution specified in Schedule II which grants qualification in physiotherapy. [Maharashtra State Council for Occupational Therapy and Physiotherapy Act, 2002, s. 2(m)]...


Approved charitable institution

Approved charitable institution, means an institution specified in, or, as the case may be, an institution established for charitable purposes and notified by the Central Government under clause (23C) of section 10 or an institution referred to in clause (a) of sub-section (2) of section 80G. [Income Tax Act, 1961 (43 of 1961), s. 80E(3)(a)]....


Deposite base (authorised institution)

Deposite base (authorised institution), Deposit base of an institution in relation to any contribution is the amount which the Board determines as representing the average, over such period proceeding the levying of the contribution as appears to be appropriate of sterling deposits with the United Kingdom offices of that institution other than (1) secured deposits; (2) deposits which had an original term to maturity of more that five years; and (3) deposits in respect of which the institution has in the United Kingdom issued a sterling certificate of deposit, Banking Act 1987, s. 52(4) (UK) Halsbury's Laws of England 3(1), para 109, p. 92....


Educational institutions

Educational institutions, the words, 'educational institutions' are of very wide import and would include a university also, S. Azeez Basha v. Union of India, AIR 1968 SC 662 (670): (1968) 1 SCR 833. [Constitution of India, Art. 30(1)]A school, seminary, college, university or other educational facility though not necessarily a chartered institution, Black's Law Dictionary, 7th Edn., p. 532Means institutions that impart education, P.A. Inamdar v. State of Maharashtra, AIR 2005 SC 3226.Imparting higher education, i.e. graduate level and above and in particular specialized education such as technical or professional, constitutes a separate class, P.A. Inamdar v. State of Maharashtra, AIR 2005 SC 3226....


Founder of the institution

Founder of the institution, the expression 'founder of the institution' used in s. 13(3) (a) means that the person concerned should be the originator of the institution, or at least one of the persons responsible for the coming into existence of the institution. Director of Income Tax v. Bharat Diamond Bourse, (2003) 1 SCC 741 (757). [Income-tax Act, 1961, s. 13(3) (a)]Founder's shares, in English company law, shares issued to the founders of or vendors to, a public company as a part of the consideration for the business, or concession etc., taken over, and not forming a part of, the ordinary capital, (Corpus Juris Secundum, Vol. 37, p. 37). See also Director of Income Tax v. Bharat Diamond Bourse, (2003) 1 SCC 741....


Literary and Scientific Institutions Act, 1854

Literary and Scientific Institutions Act, 1854 (English) (17 & 18 Vict. c. 112), as amended, affords facilities for procuring and settling sites and buildings in trust for institutions established for the promotion of literature, science, or the fine arts, or for the diffusion of useful knowledge, and makes provisions for improving the legal conditions of such institutions. As to the proper purposes of these institutions, see Re Badger, (1905) 1 Ch 568. As to their exemption from poor rates, sees 6 & 7 Vict. c. 36....


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