Issued And Served - Law Dictionary Search Results
Home Dictionary Name: issued and servedIssued and served
Issued and served, the expressions 'issued' and 'served' are used as interchangeable terms and in the legislative practice of our country they are sometimes used to convey the same idea. Accord-ingly, it was held that the word 'issues' was not used in the narrow sense of 'sent' but that the said expression had received, before the Indian Income-tax (Amendment) Act, 1959, a clear judicial interpretation. Subba Rao, J., as he then was, dealing with the purpose which the word 'issue' was intended to serve, after referring to Niwas v. I.T.O., (1956) 30 ITR 381 (All) cited in the judgment under attack and a Bombay decision, observed at page 108: The intention would be effectuated if the wider meaning is given to the expression 'issued'. The dictionary meaning of the expression 'issued' takes in the entire process of sending notices as well as service thereof. The said word used in s. 34(1) of the Act itself was interpreted by Courts to mean 'served', Commissioner of Wealth Tax v. Kundan Lal...
Term fee
Term fee, a certain sum, which a solicitor is entitled to charge to his client, and the client to recover, if successful, from the unsuccessful party who has to pay cost to him; it is payable for every term commencing on the day the sittings in London and Middlesex of the High Court of Justice commence, and terminating on the day preceding the next such sittings, in which a proceeding in the cause or matter by or affecting the party, other than the issuing and serving the writ of summons, shall take place. See App. N. to R.S.C. ad fin. See TERMS....
Tail after possibility of issue extinct, Tenant in
Tail after possibility of issue extinct, Tenant in. This estate arises out of a special entail as to the parentage of the issue, when the express condition has become impossible by reason of death. Thus, if an estate be granted to husband and wife, and their issue, male or female, if either of them die without issue, the survivor is tenant-in-tail after possibility of issue extinct; and even if there have been issue, yet if the issue die without issue, then the surviving parent is also such a tenant; and also if an estate be entailed upon a man and his issue from a particular wife, if she die without issue, the interest of the husband becomes reduced to a tenancy-in-tail after possibility of issue extinct. Only a donee in tail-special can become such a tenant, for if the entail be general, such a tenancy can never arise; for whilst he lives he may have issue, the law not admitting the impossibility of having children at any age. As an estate-tail is originally carved out of a fee-simpl...
serve
serve served serv·ing 1 : to deliver, publish, or execute (notice or process) as required by law [no notice of any such request was ever served on the husband "National Law Journal"] 2 : to make legal service upon (the person named in a process) : inform or notify by legal service [unless the city had been served with prior notice of a defect "Gene Mustain"] 3 : to put in (a term of imprisonment) [has served five years of her sentence] ...
issue
issue 1 pl : proceeds from a source of revenue (as an estate) [rents, s, and profits] 2 : one or more lineal descendants [died without ] compare child, heir 3 a : a vital question or problem [cited a national security ] [raised an of public safety] b : a matter of dispute between two or more parties ;specif : a single material point of fact or law in litigation that is affirmed by one side and denied by the other and that is a subject of the final determination (as by jury) of the proceedings genuine issue : an issue of fact that requires adjudication by trial rather than summary judgment because sufficient evidence exists to support a verdict for the party opposing the motion for summary judgment NOTE: The burden is on the party moving for summary judgment to show that no genuine issue is in dispute. issue of fact : a dispute about a material fact that is raised by pleadings and that must be resolved by a decision under the law in order to become res judicata issue of la...
Issue
Issue [fr. exitus, Lat.], used in several senses:-(1) The legitimate offspring of parents. The word 'issue' in a will was either a word of purchase or of limitation, as would best answer the intention of the testator; and for the effect of the word in the case of a deed, see Norton on Deeds. Now the rule in Shelley's case (q.v.), having been abolished by s. 131, in instruments made or in wills upon death after 1925, 'issue' will be construed as a word of pur-chase [(English) Law of Property Act, 1925, s. 131], and s. 130, by implication abolishes the rule in Wild's case, (1599) 6 Co Rep 16 b, 17 a (q.v.), in such cases, 2 Fonbl. Eq. 69.(2) The profits arising from lands or tenements, amerciaments, or fines.(3) Event, consequence, evacuation, sending forth.(4) The point in question, as the conclusion of the pleadings between contending parties in an action, when one side affirms and the other denies.It is provided by the present rules of pleading that the plaintiff by his reply may join...
Collateral or incidental issue
Collateral or incidental issue, a collateral or incidental issue is one that is ancillary to a direct and substantive issue; the former is an auxiliary issue and the latter the principal issue. The expression 'collaterally or incidentally' in issue implies that there is another matter which is 'directly and substantially' in issue, Sajjadanashin Sayed Md. B.E Edr v. Musa Dadabhai Ummer, (2000) 3 SCC 350: AIR 2000 SC 1238 (1243). [Civil Procedure Code 1908, s. 11]...
Serving
Serving, a member of Air Force on leave is 'serving' within the meaning of the section, AIR 1970 P&H 351 (357). (Air Force Act, 1950, s. 9)Serving, must be construed in the wider sense in which a person employed by another is said to be serving him, merely by reason of the relationship created by the employment, Ajit Singh v. State of Punjab, AIR 1970 P&H 351: (1970) ILR 2 Punj 69: (1970) 72 Punj LR 396: (1970) Cr LJ 1119 (FB)...
Serving under the Govt. and in the service of the Govt.,
Serving under the Govt. and in the service of the Govt., there was a distinction between 'serving under the Government' and 'in the service of the Government', while one may serve under a Government, one may not necessarily be in the service of the Government; under the latter expression one not only serves under the Government but is in the service of the Government and it imports the relationship of master and servant, K.C. Deo Bhanj v. Raghunath Misra, AIR 1959 SC 589 (594): (1959) Supp 1 SCR 952....
failure of issue
failure of issue :lack of living issue (as of a person named to take under a will) at death definite failure of issue : a failure of issue determined at a specific time set in a will (as at the death of a named taker) indefinite failure of issue : a failure of issue for which no time period is fixed in a will ...
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