Kers - Law Dictionary Search Results
Home Dictionary Name: kers Page: 5Quorum
Quorum (of whom), the number of members of an administrative or judicial body whose presence is necessary for the acts of the body to be valid; e.g., of a County Borough Licensing Committee, which consists of not less than seven members, the quorum is three members, (English) Licensing (Consolidation) Act, 1910, s. 3. The term is derived from the 'justices of the quorum.' See JUSTICES, and the General Index to Chitty's Statutes, tit. 'Quorum.''Quorum' denotes the minimum number of members of any body of persons whose presence is necessary in order to enable that body to transact its business validly so that its acts may be lawful. It is generally left to committees themselves to fix the quorum for their meetings and if it is not fixed by the authority which constituted it then it is competent for the committee itself to fix the quorum as part of its power to devise its day-today procedure. Quorum does not apply to bodies doing judicial function. Quorum is fixed for meetings of committe...
Person
Person, a Hindu Undivided Family is a person, Kshetra Mohan-Sannyasi Charan Sadhukhan v. Commissioner of Excess Profit Tax, West Bengal, AIR 1953 SC 516.According to company law it does not mean an unregistered firm, Firm Pannaji v. Devichand Kapurchand, 99 IC 640.Person, does not include court, Kharka Gigabhai Mavji v. Soni Jagjivan Kanji, (1979) 20 Guj LR 256.Person, implies only an individual and does not bear scrutiny when construed in the case of a company, a firm of partners or an association of persons, J.K. Industries Ltd. v. Chief Inspector of Factories and Boilers, (1997) SCC (205) 1.Person, in an Act of Parliament passed after 1st January, 1890, includes 'any body of persons corporate or unincorporate' unless the contrary intention appears, Interpretation Act, 1889, s. 19. A corporation, such as a limited company, may be a 'respectable and responsible person' within the meaning of a covenant against assignment in a lease, Willmott v. London Road Car Co., (1910) 2 Ch 525. A c...
Qua revenue recovery
Qua revenue recovery. See K.V. Bhaskaran v. Sub-Registrar, Sub-Registrar's Office, AIR 2005 Ker 278....
Legal entity
Legal entity, only a thing recognised by the law as real in itself and distinct from its qualities and attributes and, while every legal person is necessarily a legal entity, the converse is not true, Ittiavira Thomas v. Sankaranarayanan Kesavan Nampori of Manakkattu, AIR 1964 Ker 144....
Acceptance of service
Acceptance of service of writ of summons by solicitor in lieu of personal service on defendant. See R. S. C., Ord. IX., r. 1. Where with the authority of the defendant his solicitor accepts service of a writ and gives a written undertaking to 'enter an appearance in due course,' that undertaking is unconditional and must be performed forthwith, and at the instance of the plaintiff it can be enforced by attachment of the solicitor under R. S. C., Ord. XII., r. 18 [In re Kerly, (1901) 1 Ch 467]. It is necessary for the solicitor to have his client's authority [Re Gray, (1891) 65 LT 743]; and unless an undertaking to appear is given, personal service cannot be dispensed with [The Anna, (1891) 64 LT 332]; personal service also is requisite in divorce proceedings, De Niceville v. De Niceville, (1877) 37 LJ Mat 43....
Adjournamentum est ad diem dicere seu diem dare
Adjournamentum est ad diem dicere seu diem dare [Lat.], An adjournment is to appoint a day or to give a day.Adjourn has narrow and restricted meaning as 'refer' , Peter P.O. v. Sara, AIR 2007 Ker 81; Babu Premaranjan v. Superintendent of Police, (2003) 3 KLT 177. [Kerala High Court Act, 1959, s. 3]This refers to Parliament, and distinguishes adjournment from Prorogation....
Adverse possession
Adverse possession is that form of possession or occupancy of land which is inconsistent with the title of any person to whom the land rightfully belongs and tends to extinguish that person's title, see (English) Real Property Limitation Act, 1874 (37 & 38 Vict. c. 57), which provides that no person shall make an entry or distress, or bring an action to recover any land or rent, but within twelve years next after the time when the right first accrued, and does away with the doctrine of adverse possession, except in the cases provided for by s. 15. See Nepean v. Doe, (1837) 2 M. & W. 910.Possession is not held to be adverse if it can be referred to a lawful title, Doe v. Bightwen, 10 East 583; Wall v. Stanwick, 34 Ch D 763. Non-adverse possession is of two kinds. The title of the dispossessed may not be paramount, as in the case of a leasehold term when dispossession of the lessee is not necessarily inconsistent with the reversioner's rights, and secondly, the person setting up disposse...
Burden of proof
Burden of proof [onus probandi, Lat.]. the most prominent canon of evidence is, that the point in issue is to be proved by the party who asserts the affirmative, according to the civil law maxims, Ei incumbit probatio qui dicit, nonqui negat; Actori incumbit onus probandi; and Affirmanti non neganti incumbit probatio. The burden of proof lies on the person who has to support his case by proof of a fact which is peculiarly within his own knowledge, or of which he is supposed to be cognizant. See Best on Evidence, Bk. III., Pt. 1, ch. 2.The expression 'burden of proof' really means two different things. It means sometimes that a party is required to prove an allegation before judgment can be given in its favour; it also means that on a contested issue one of the two contending parties has to introduce evidence, Narayan Bhagwantrao Gosavi v. Gopal Vinayak Gosavi, AIR 1960 SC 100: (1960) 1 SCR 773: (1960) SCJ 263.The phrase 'burden of proof' has not been defined in the Indian Evidence Act....
Due
Due [fr. du, Fr.], anything owing. That which one contracts to pay or perform to another; that which law or justice requires to be paid or done.It should be observed that a debt is said to be due the instant that it has existence as a debt; it may be payable at a future time.Due, normally refers to an amount which the creditor has a right to recover, State of Kerala v. V.R. Kalliyanikutty, (1999) 3 SCC 657.May, on the one hand express the mere fact, or the state, of indictment, as an equivalent simply of 'owing' or on the other hand, it may refer to the time of payment, indicating that the obligation is immediately enforceable, and is then an equivalent of payable, GEI Engineering Ltd. v. Asst. Commr., Comrl. Tax (M.P.), (2006) STC 177 (Vol. 146).Means owing and demanding payable it imports a fixed and settled obligation, Shriram Engineering Construction Company Ltd. v. Kerala State Industrial Development, AIR 2007 (NOC) 1065 (Ker)....
Encumbrance
Encumbrance, the word 'encumbrance' in this section can only mean interests in respect of which a compensation was made under s. 11, or could have been claimed. It cannot include the right or the Government to levy assessment on the lands, Collector of Bombay v. Nusserwanji Rattanji Mistri, AIR 1955 SC 298: (1955) 1 SCR 1311. [Land Acquisition Act, (10 of 1894), s. 16]Means a burden of charge upon property, Magaram v. B.O.R., AIR 1990 Raj 90.encumbrance means a burden or charge upon property or claim or lien upon an estate or on the land. 'Encumber' means burden of legal liability on property, and, therefore, when there is encumbrance on a land, it constitutes a burden on the title which diminishes the value of the land, State of Himachal Pradesh v. Tarsem Singh, (2001) 8 SCC 104: AIR 2001 SC 3431 (3434). [Himachal Pradesh Village Common Lands Vesting and Utilization Act, 1973 (18 of 1974), s. 3]Encumbrance, means a liability which burdens the property, for ex-lease mortgage, easement ...
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