On Duty - Law Dictionary Search Results
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special duty doctrine : an exception to the public duty doctrine that imposes liability for injury on a government entity when there is a special duty owed to the plaintiff but not to the public at large called also special duty exception NOTE: The special duty doctrine applies when the duty owed to the plaintiff arises by statute or when the plaintiff has justifiably come to rely on the government's assumption of that duty. ...
Accounts duties
Accounts duties. Duties first made payable by the (English) Customs & Inland Revenue Act, 1881 (44 & 45 Vict. C. 12), s. 38, at the same rates as the Probate Duties, upon a donatio mortis causa (q.v.); upon the gift inter vivos of a donor dying within three months; on joint property voluntarily so created and taken by survivorship; and on property taken under a voluntary settlement in which the settlor had reserved a life interest. These duties were in name superseded by the 'Estate Duty' imposed by the (English) Finance Act, 1894 (57 & 58 Vict. C. 30), the property chargeable under the (English) Customs & Inland Revenue Act, 1881, s. 38, being included in the classes of property deemed by the (English) Finance Act, 1894, to 'pass' by death and thus chargeable with the new 'Estate Duty' and the original provisions affecting gifts inter vivos, voluntary settlements, etc., have been considerably amended by subsequent legislation. See ESTATE DUTY....
Probate duty
Probate duty, a tax (now merged in estate-duty) on the gross value of the personal property of the deceased testator. For amount from 1815 to 1880, see schedule to the (English) Stamp Act, 1815 (55 Geo. 3), s. 184. In 1880 a new scale of duties was imposed by 43 Vict. c. 14, s. 9, and in 1881 a further in ceased scale by the (English) Customs and Inland Revenue Act, 1881 (44 & 45 Vict. c. 12). By 55 Geo. 3, c. 184, s. 37, a penalty of 100l. and 10 per cent. additional duty is payable by a person acting as executor and not obtaining probate within six months.The (English) Finance Act, 1894, substitutes an estate duty, to which both real property and personal property are liable, for probate duty. See ESTATE DUTY....
Under the colour of duty
Under the colour of duty, the expression 'under colour of something' or 'under colour of duty', or 'under colour of office', is not infrequently used in law as well as in common parlance. Whether or not when the act bears the true colour of the office or duty or right, the act may be said to be done under colour of that right, office or duty, it is clear that when the colour is assumed as a cover or a cloak for something which cannot properly be done in performance of the duty or in exercise of the right or office, the act is said to be done under colour of the office or duty or right, Virupaxappa Veerappa Kadampur v. State of Mysore, AIR 1963 SC 849 (852): (1963) 2 Supp SCR 6; see also Bhanuprasad Hariprasad Dave v. State of Gujarat, AIR 1968 SC 1323. [Bombay Police Act, 1951 (22 of 1951), s. 161(1)]...
In discharge of his duty
In discharge of his duty, In view of the words 'by otherwise abusing his position' read along with the words 'in the discharge of his duty' in s. 5(1)(d) of the Prevention of Corruption Act, 1947, an offence under that section requires that the public servant should misconduct himself in the discharge of his duty, State of Ajmer v. Shivji Lal, AIR 1959 SC 847: (1959) Supp (2) SCR 739. [Prevention of Corruption Act, 1947, s. 5(1)(d)]In discharge of his duty, can have only one meaning and that the officer has a duty to discharge and is discharging it at the particular time. They cannot mean that the officer is acting 'under colour' of his office. He must be acting at the time as a police officer and in the particular manner discharging a duty incumbent upon him as a police officer, Queen Empress v. Dalip, 18 All 246....
Common duty of care
Common duty of care, terms: (1) An occupier of premises owes the same duty, the 'common duty of care' to all his visitors, except insofar as he is free to and does extend, restrict, modify or exclude his duty to any visitor or visitors by agreement or otherwise; (2) The common duty of care is a duty to take such care as in all the circumstances of the case is reasonable to see that the visitor will be reasonably safe in using the premises for the purpose for which he is invited or permitted by the occupier to be there, Maguire v. Sefton MBA (CA), (2006) 1 WLR 2550 [Occupier's Liability Act, 1957, sub-s. 2(1) and (2)]....
Official duty
Official duty, implies that the act or omission must have been done by the public servant in the course of his service and that it should have been in discharge of his duty, B. Saha v. M.S. Kochar, (1979) 4 SCC 177: 1979 SCC (Cri) 939.The use of the expression 'official duty' implies that the act or omission must have been done by the public servant in the course of his service and that it should have been in discharge of his duty. The section does not extend its protective cover to every act or omission done by a public servant in service but restricts its scope of operation to only those acts or omissions which are done by a public servant in discharge of official duty, S.K. Zutshi v. Bimal Debnath, (2004) 8 SCC 31(38); see also State of Orissa v. Ganesh Chandra Jain, (2004) 8 SCC 40. (Cr. P.C., 1973, s. 197)It implies that the act or omission must have been done by the public servant in the course of his service and that it should fall within scope of range of his official duty, Rak...
Incidence of duty
Incidence of duty, the words 'incidence of such duty' mean the burden of duty. The expression 'incidence of such duty' in relation to its being passed on to another person would take it within its ambit not only the passing of the duty directly to another person but also cases where it is passed on indirectly, Union of India v. Solar Pesticides (P) Ltd., AIR 2000 SC 862 (866): (2000) 2 SCC 705. [Customs Act, 1962, s. 27(2), proviso (a)]...
Dutiful
Performing or ready to perform the duties required by one who has the right to claim submission obedience or deference submissive to natural or legal superiors obedient as to parents or superiors as a dutiful son or daughter a dutiful ward or servant a dutiful subject...
Corporation Property Duty
Corporation Property Duty. A 5 per cent. duty on income in lieu of death duties is imposed on cor-porations and bodies not incorporated, including fellowships, trustees etc., by the (English) Customs and Inland Revenue Act, 1885 (48 & 49 Vict. c. 51), ss. 11-20. The exceptions include property of the Crown, Local Authorities, religious, charitable, educational bodies, friendly societies, and the capital of a body corporate or incorporate established for any trade or business, or of a body whose capital stock is so divided as to be liable to be charged for legacy or succession duties....
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