Necessity - Law Dictionary Search Results
Home Dictionary Name: necessity Page: 2 Page 2 of about 165 results (0.002 seconds)easement by necessity
easement by necessity :easement by implication at easement ...
certificate of convenience and necessity
certificate of convenience and necessity :a certificate issued by an agency granting a company authority to operate a public service esp. as a utility or transportation company ...
Ubi lex aliquem cogit ostendere causam necesse est quod causa sit justa et legitima
Ubi lex aliquem cogit ostendere causam necesse est quod causa sit justa et legitima (2 Inst. 269), where the law compels a man to show cause, it is incumbent that the cause be just and lawful....
Qui jussu judicis aliquod fecerit non videtur dolo malo fecisse, quia parere necesse est
Qui jussu judicis aliquod fecerit non videtur dolo malo fecisse, quia parere necesse est. 10 Rep. 76, (He who does an act by command of a judge is not considered to act from a wrongful motive, because it is his duty to obey.) See Broom's Leg. Max....
Non videtur quisquam id capere, quod ei necesse est alii restiture
Non videtur quisquam id capere, quod ei necesse est alii restiture [Lat.], no one is considered entitled to recover that which he must give up to another....
Legitime imperanti parere necesse est
Legitime imperanti parere necesse est [Lat.], it is necessary to obey one legitimately commanding....
Ejus nulla culpa est cui parere necesse sit
Ejus nulla culpa est cui parere necesse sit. D. 17, 50, 169.-(He is not in any fault who is bound to obey.)...
Easement
Easement, An easement is a right which the owner or occupier of certain land possesses, a such, for the beneficial enjoyment of that land, to do and continue to do something, or to prevent and continue to prevent something being done, in or upon, or in respect of, certain other land not his own. [Easement Act, 1882 (5 of 1882), s. 4]Easement, a privilege without profit which the owner of one neighbouring tenement hath of another, existing in respect of their several tenements, by which the owner of the one (called the servient) tenement is obliged to suffer, or not to do something on his own land, for the advantage of the owner of the other (called the dominant) tenement, e.g., a right of way, a right of passage of water. It is the servitus of the Civil Law. An easement being a mere right without profit must be distinguished from a profit a prendre (q.v.), which confers a right to take something from the servient tenement. Instances of easements are rights of way, light, support, or fl...
Need
Need, denotes a certain degree of want with a thrust within demanding fulfilment, Shiv Sary Gupta v. Dr. Mahesh Chand Gupta, (1999) 6 SCC 222.Need, Landlord's desire for possession, however honest it might otherwise be, has inevitably a subjective element in it and that, that desire to become a 'requirement' in law must have the objective element of a 'need', Ram Dass v. Ishwar Chander, (1988) 3 SCC 131 AIR: 1988 SC 1422 (1424). [E.P. Urban Rent Restriction Act, 1949, s. 13(3) (a) (i) (a)]The word 'needs' suggests that there has to be a necessity for a decision by the Supreme Court on the question, and such a necessity can be said to exist when, for instance, two views are possible regarding the question and High Court takes one of the said views. Such a necessity can also be said to exist when a different view has been expressed by another High Court, State Bank of India v. N. Sundara Money, AIR 1976 SC 1111 (1112): (1976) 1 SCC 822: (1976) 3 SCR 160....
Wholly and exclusively
Wholly and exclusively, the expression 'wholly and exclusively' used in s. 10(2)(xv) of the Income Tax Act, 1922 does not mean 'necessarily'. Ordinarily it is for the assessee to decide whether any expenditure should be incurred in the course of his or its business. Such expenditure may be incurred voluntarily and without any necessity and if it is incurred for promoting the business and to earn profits, the assessee can claim deduction under s. 10(2)(xv) of the Act even though there was no compelling necessity to incur such expenditure. It is relevant to refer at this stage to the legislative history of s. 37 of the Income Tax Act, 1961 which corresponds to s. 10(2)(xv) of the Income Tax Act, 1922. An attempt was made in the Income Tax Bill of 1961 to lay down the 'necessity' of the expenditure as a condition for claiming deduction under s. 37. S. 37(1) in the Bill read 'any expenditure . . . laid out or expended wholly, necessarily and exclusively for the purposes of the business or ...
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