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Home Dictionary Name: kers Page: 4Thiruppuvarom
Thiruppuvarom, a thiruppuvarom is the assign-ment, in favour of a third party, of a specific portion of the revenue payable to the Government by the holder of a specified land, AIR 1963 Ker 86 (92)....
Toll
Toll [fr. tollo, Lat.], to bar, defeat, or take away, as to 'toll an entry' is to deny and take away the right of entry. See (English) Real Property Limitation Act, 1833 (3 & 4 Wm. 4, c. 27), s. 39.1. A sum of money paid for use of something esp. The consideration paid to use a public road, highway, or bridge2. A charge for a long call distance, Black's Law Dictionary, 7th Edn.[fr. tol, Sax. And Dut.; told, Dan.; toll, Wel.; taille, Fr.] has two significations:-(1) A liberty to buy and sell within the precincts of the manor, which seems to import as much as a fair or market.(2) A tribute or custom paid for passage. For its importance in railway law, see ss. 3, 86 and 92 of the Railways Clauses Consolidation Act, 1845, s. 86, providing that:-It shall be lawful for the company to use and employ locomotive engines or other moving power, and carriages and waggons to be drawn or propelled thereby, and to carry and convey upon the railway all such passengers and goods as shall be offered to ...
Quic quid plantatur (or fixature) solo, solo cedit
Quic quid plantatur (or fixature) solo, solo cedit, the maxim, which is found in English law, viz., 'quicquid plantatur solo, solo, cedit', has at the most only a limited application in India. There is nothing in the laws or customs of this country and traces of the existence of an absolute Rule of Law that whatever is affixed or built on the soil becomes a part of it, and is subjected to the same rights of property as the soil itself, Narayan Das Khettry v. Jatindra Nath Roy Chowdhry, AIR 1927 PC 135.There is no custom of Hindu law by which the maxim quicquid plantatur (or aedificatur) solo, solo cedit, has no application at all in India. The English law would apply unless it is clear that by local customary or other law applicable in this country, it does not the Courts of India have excluded the application of the maxim altogether, though they have help and the legislature has said in effect that there are substantial exceptions to the application of the maxim, N.P.A. Chettiar Firm ...
Transaction
Transaction, includes a decree, as a decree may, under certain circumstances create the relationship of lender and borrower, Radha Kishen Chamria v. Keshardeo Chamria, AIR 1954 Cal 105: (1953) 92 Cal LJ 197.Transaction, is a group of acts so connected together as to be referred to by a single legal name as a crime, a contract, a wrong or any other subject of inquiry which may be in issue, A.N. Mukerji v. State, AIR 1969 All 489: 1969 Cr LJ 1203.Transaction, is something already done and com-pleted; a 'proceeding' either something which is now going on, or if ended, is still contemplated with reference to its progress on successive stages. A transaction in the ordinary sense of the words, means some business or dealing which is carried on, or transacted between two or more persons. A transaction is something which has been concluded between persons by a cross or reciprocal action, as it were, Channoo Mehta v. Jang Bhadur Singh, AIR 1957 Pat 293: 1956 BLJR 197.Means 'carrying through' an...
Trial
Trial, does not exclude a proceeding relating to the delivery of judgment, Inayat v. Rex, AIR 1950 All 369: 1950 All LJ 127: 1950 All WR 245.Trial, is not necessary that the trial must be a full-dressed or a jury trial or a trial which concludes only after taking evidence of the parties in support of their respective cases, Dipak Chandra Ruhidas v. Chanden Kumar Sarkar, AIR 2003 SC 3701.Trial, is the conclusion, by a competent tribunal, of question in issue in legal proceedings, whether civil or criminal. Strouds Judicial Dictionary (5th Edn.) Indian Bank v. Maharashtra State Co-op. Marketing Federation Ltd., (1998) 5 SCC 69.Trial, is the examination by a competent court of the facts or laws in dispute, or put in issue in a case. It is the judicial examination of issues between the parties, whether they are of law or of fact, Sajjan Singh v. Bhagilal Pandya, AIR 1958 Raj 307.Trial, is understood as referring to the stage of the proceeding in a criminal case after the charge had been fr...
Umpire
Umpire [fr. imperator or impar, Lat.]. A submission to arbitration usually provides that in case of arbitrators not agreeing in an award, the matters in dispute shall be decided by a third person, who is called an umpire. The umpire's authority commences when arbitrators are unable to agree, but if there be a time limited for the award, his authority absolutely commences from such time. the umpire, when called upon to act, is generally invested with the same powers as the arbitrators, and bound by the same rules and has to perform the same duties. See ARBITRATION and ARBITRATOR, and consult Russell on Arbitration.Also an officer appointed by the Crown who may also appoint one or more deputy umpires to hear appeals from Courts of Referee in connection with claims under the Unemployment Insurance Acts; see U.I. Act, 1935 (25 & 26 Geo. 5, c. 8), ss. 40, 44 and 45. See Selected Decisions of Umpire.An impartial person appointed to make an award or final decision usually when a matter has be...
Under is obvious
Under is obvious, cannot be taken to have same meaning as the word 'of' which may bring in the notion of ownership. Indeed the concept of under can be relevant only when there are two entities one of which may be under the others. A department of the government and can only loosely be termed as under the government. Consequently, the mere fact that the State Bank of India and the nationalized banks are different entities as corporate bodies for certain purposes cannot by itself be a circumstance from which it may be deduced that they cannot be establishments under the Central Government, Bank of India v. Stalin, (1988) 1 Ker LT 759....
Usage
Usage, denotes a habit or a mode of conduct or a course of action. Though such behaviour may generally be linked with human actions it is not the identify of the person vis-'-vis his caste which matters in discerning the contours of any 'usage'. 'Usage' is described as different from custom as there is no usage through inheritance though a right can be acquired by prescription. 'Usage in its most extensive meaning, includes both custom and prescription, but in its narrower significance, it refers to a general habit, mode or course of procedure. A usage differ from a custom, in that it does not require to be immemorial to establish the same, but the usage must be known, certain, uniform, reasonable and contrary to law'. Usage has been referred to a course of dealing; or a mode of conducting transactions of a particular kind. It cannot be understood as referring to any entitle-ment of a person to hold a particular office, N. Adithayan v. Travancore Devaswom Board (FB), AIR 1996 Ker 169; ...
Vegetable product
Vegetable product, means product of or made of or out of vegetables, Saraswati Sugar Mills v. Haryana State Board, AIR 1992 SC 228.Vegetable product, must be construed neither in a technical sense nor from the botanical point of view. It should be understood as understood in common parlance. 'Vegetable products' are not defined in the Act, but is a phrase of every day use and so must be construed in its popular sense, if the popular sense meaning is given to vegetable products, it is impossible to say that latex is a vegetable product, Harrisons Malayalam Limited v. Kerala State Pollution Control Board, AIR 1992 Ker 168; See also Water (Prevention and Control of Pollution) Cess Act, 1977, Sch. I, Item 15....
Violence
Violence, means 'unlawful exercise of physical force, intimidation by exhibition of this'. And violence involves 'great physical force, intense vehement passionate furious impetus and vivid, Ibrahimkutty v. State of Kerala, (1984) Ker LT 700.Means any violent conduct, so that-(a) except in the context of affray, it includes violent conduct to-wards property as well as violent conduct towards person, and (b) it is not restricted to conduct causing or intended to cause injury or damage but includes any other violent conduct (for example, throwing at or towards a person a missile of a kind capable of causing injury which does not hit or falls short, (English) Public Order Act, 1986 (cl 64, s. 8)....
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