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Home Dictionary Name: know it all Page: 2Court-leet
Court-leet. [Coke says leet is a Saxon word, and comes from the verb gelathian, or gelethian (g being added euphoni' gratia), i.e., convenire, to assemble together, unde conventus, 4 Inst. 261. For other opinions as to the derivation of the word, see Lex Man. 131; Ritson on Courts-leet; and Scriv. On Copyholds.] This court is expressly kept up by s. 40 of the Sheriffs Act, 1887, though for all but formal purposes it has long since fallen into desuetude, and there is still an annual Court-leet of the Manor and Liberty of Savoy which meets at St. Clement Danes Vestry Hall, the High Steward of the Manor presiding, a jury being empannelled one month aftr Easter and serving for a year from that date, the court being held 'for the purpose of preventing small offences in the nature of a common nuisance,' and still having 'power to impose fines for certain offenes, such the stopping up of ways': Solicitor's Journal,Vol. 49, p. 493.The Court-leet is a court of record appointed to be held once a...
Income
Income, s. 4 of the Income-tax Act, defines the 'total income' to include all income, profits and gains from whatever source deprived. The definition of 'income' in Shaw Wallace & Co. case, 1932 (59) IA 206, as a periodical monetary return coming in with some sort of regularity, or expected regularity, from definite sources must be read with reference to the peculiar facts of that case. Money received 'under consequential loss policies, were income within the meaning of s. 2(6c) of the Income Tax Act, Raghuvanshi Mills Ltd. v. Commissioner of Income Tax, AIR 1953 SC 4: (1953) SCR 177.Income connotes a periodical monetary return 'coming in' with some sort of regularity, or expected regularity from definite sources, E.D. Sassoon and Co. Ltd. v. Commissioner of Income Tax, AIR 1954 SC 470: (1955) 1 SCR 313.The expression 'income' in entry 54 of List I of the Seventh Schedule to the Government of India Act, 1935, and the corresponding entry 82 of List 1 of the Seventh Schedule to the Const...
Receiver of stolen property
Receiver of stolen property. Punishable under the (English) Larceny Act, 1916, s. 33. The offence consists in receiving any property knowing the same to have been stolen or obtained in any way whatsoever under circumstances which amount to felony or misdemeanour. It matters not whether the principal thief has been prosecuted. Whether the offence is a felony or misdemeanour depends on which the original stealing, etc., was. Section 43 provides that, on a prosecution of a person for receiving stolen property knowing it to have been stolen or for being in possession thereof, there may be given in evidence for the purpose of proving guilty knowledge: (a) The fact that other property stolen within the period of twelve months preced-ing the date of the offence charged was found or had been in his possession; (b) the fact that within five years preceding the date of the offence charged he was convicted of an offence involving fraud or dishonesty. Before the prosecution can prove (c) a seven d...
Equality of opportunity for all citizens
Equality of opportunity for all citizens, Clause (1) of Article 16 clearly provides for equality of opportunity to all citizens in the services under the State. It is important to note that the Constitution uses the words 'equality of opportunity for all citizens.' This inherently implies that the opportunity must be given not only to a particular section of the society or a particular class of citizens who may be advanced or otherwise more affluent but to all classes of citizens. This, therefore, can be achieved by making a reasonable classification so that every class of citizens is duly represented in the services which will enable equality of opportu-nity to all citizens. The classification, however, must be a reasonable one and must fulfil the following conditions:(i) it must have a rational basis;(ii) it must have a close nexus with the object sought to be achieved;(iii) it should not select any person for hostile discrimination at the cost of others, State of Kerala v. N.M. Thom...
Mandate
Mandate [fr. mandatum, Lat.], a judicial command, charge, commission.Also, a bailment of goods, without reward, to be carried from place to place, or to have some act performed about them. The person employing is called in the Civil Law mandans or mandator, and the person employed mandatarius or mandatory. The distinction between a mandate and a deposit is that in the latter the principal object of the parties is the custody of the thing; and the service and labour are merely accessorial. In the former, the labour and service are the principal objects of the parties, and the thing is merely accessorial. Three things are necessary to create a mandate: (1) that there should exist something which should be the subject of the contract, or some act or business to be done; (2) that it should be done gratuitously; (3) that the parties should voluntarily intend to enter into the contract. A mandatary incurs three obligations: (1) to do the act which is the object of the mandate, and with which...
All Fours
All Fours, a case agreeing in all its circumstances with another case is sometimes said to be 'on all fours' with it. Nullum simile est idem, nisi quatuor pedibus currit, Co. Litt. 3. (Nothing similar is the same, unless it runs on all fours with it.)...
right-to-know
right-to-know : of, relating to, or being a law requiring businesses (as chemical manufacturers) producing or importing hazardous substances to provide information about the substances to the community and inform and train employees who handle it ...
Hotchpot
Hotchpot [fr. hache en poche, Fr., a confused mingling of diverse things], a blending or mixing of lands and chattels, answering in some respects to the collatio bonorum of the Civil Law. 'And it seemeth that this word [hotchpots] is in English a pudding'; see Co. Litt. 177 a.The blending of items of property to secure equality of division, esp. as practised is case in which advancements of an intestate's property must be made upto estate by a contribution or by an accounting, Black's Law Dictionary, 7th Edn.As to lands, it only applied to such as were given in frank-marriage, thus: if one daughter have an estate given with her in frank-marriage by her ancestor, then, if lands descend from the same ancestor to her and her sister in fee-simple (not in fee-tail), she or her heirs shall have no share in them unless they will agree to divide the lands so given in frank-marriage, in equal proportions with the rest of the lands descending--i.e., bringing her lands so given into hotchpots.As ...
Salami/Agricultural income
Salami/Agricultural income, 'salami' is a compulsory payment by the tenant to the landlord at the inception of the tenancy. It is really a payment by the tenant to the landlord for being allowed to tale possession of the land for cultivation under the lease. Salami is not rent and it could not be called revenue within the meaning of the word used in the definition of agricultural income under s. 2(1)(a) of the Assam Agricultural Income Tax Act, 1939 because it was a payment to the landlord by the tenant as a consideration for the transfer of a right in zamindari lands owned by the landlord. It has all the characteristics of a capital payment and is not revenue, Member for the Board of Agricultural Income Tax v. Sindhurani Chaudhurani, AIR 1957 SC 729 (733): (1957) SCR 1019. [Assam Agricultural Income-tax, 1939, s. 2(a)(i)...
Land-tax
Land-tax, means a tax laid upon land and houses, which in 1689 (1 Will. & Mary, c. 3) superseded all the former methods of taxing either property or persons in respect of their property, whether by tenth or fifteenths, subsidies on land, hydages, scutages, or talliages. Although generally a charge upon a landlord, yet it is a tax neither on landlord nor tenant, but on the beneficial proprietor, as distinguished from the mere tenant at rack-rent; and if a tenant have to any extent a beneficial interest, he becomes liable to the tax pro tanto, and can only charge the residue on his landlord. Houses and buildings appropriated to public purposes are not liable to land-tax. As to its origin and inequality, see 3 Hall. Cons. Hist. 135; Miller on the Land-tax; Bourdin on Land-tax.The more agricultural counties, upon which the burden of the tax has fallen most heavily by reason of the depreciation in value of agricultural land, were greatly relieved by s. 31 of the (English) Finance Act, 1896,...
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