Payment Out Of - Law Dictionary Search Results
Home Dictionary Name: payment out of Page: 3Office of profit
Office of profit, a person who was a Pramukh at the time of filing of nomination papers and who was drawing a honorarium was not holding an office of profit, Umrao Singh v. Yeshwant Singh, AIR 1970 Raj 134 (141). [Constitution of India, Art. 102(1)(a)]It need not be in the service of Government. Generally it is understood that an office means a position to which certain duties are attached. An office of profit involves two elements namely that there should be such an office and that it should carry some remunerations. It is not the same as holding a post under the Government and therefore for holding an office of profit under the Government, a person need not be in the service of the Government, Satrucharla Chandrasekhar Raju v. Vyricherla Pradeep Kumar Devi, AIR 1992 SC 1959: (1992) 4 SCC 404.The word 'office' does not, therefore, necessarily imply that it must have an existence apart from the person, who may hold it. Cases are known, in which, in order to make use of the Special know...
Demonstrative legacy
Demonstrative legacy, means where a testator bequeaths a certain sum of money, or a certain quantity of any other commodity and refers to a particular fund or stock so as to constitute the same the primary fund or stock out of which payment is to be made, the legacy is said to be demonstrative. [Succession Act, 1925 (39 of 1925), s. 150]A legacy of quantity is ordinarily a general legacy; but there are legacies of quantity in the nature of specific legacies, as of as much money, with reference to a particular fund for payment. This kind of legacy is called by the civilians a demonstrative legacy, and it is so far general, and differs so much in effect from one properly specific, that if the fund be called in or fail, the legatee will not be deprived of his legacy, but be permitted to receive it out of the general assets; yet the legacy is so far specific that it will not be liable to abate with general legacies upon a deficiency of assets, Consult Roper on Legacies; Theobald on Wills....
settle
settle set·tled set·tling vt 1 : to resolve conclusively [ a question of law] 2 : to establish or secure permanently [a settled legal principle] 3 : close [ the sale of securities] [ the estate] 4 : to resolve a disagreement about (a court order) [no hearing to consider these objections and to the order had been conducted "Saba v. Gray, 314 N.W.2d 597 (1981)"] 5 a : to fix (a price) by mutual agreement b : to conclude (a lawsuit) by entering into an agreement negotiated by the parties usually out of court c : to close (as an account) by payment ;also : to close by compromise and payment of less than the full amount claimed or due vi 1 : to conclude a lawsuit by entering into an agreement [the plaintiff chose to out of court] 2 : to make a settlement of a transfer of funds 3 : to adjust differences or accounts [settled with his creditors] ...
Cheque
Cheque, defined. [Act (1 of 1879), s. 3; [Negotiable Instruments Act, 1881 (26 of 1881), s. 6:A 'cheque' is a bill of exchange drawn on a specified banker and not expressed to be payable otherwise than on demand and it includes the electronic image of a truncated cheque and a cheque in the electronic form.Explanation 1.--For the purposes of this section, the expression--(a) 'a cheque in the electronic form' means a cheque which contains the exact mirror image of a paper cheque, and is generated, written and signed in a secure system ensuring the minimum safety standards with the use of digital signature (with or without biometrics signature) and asymmetric crypto system;(b) 'a truncated cheque' means a cheque which is truncated during the course of a clearing cycle, either by the clearing house or by the bank whether paying or receiving payment, immediately on generation of an electronic image for transmission, substituting the further physical movement of the cheque in writing.Means a...
Bill of exchange payable on demand
Bill of exchange payable on demand, includes--(a) an order for the payment of any sum of money by a bill of exchange or promissory note, or for the delivery of any bill of exchange or promissory note in satisfaction of any sum of money, or for the payment of any sum of money out of any particular fund which may or may note be available or upon any condition or contingency which may or may not be performed or happen.(b) an order for the payment of any sum of money weekly, monthly, or at any other stated period; and(c)a letter of credit, that is to say, any instrument by which one person authorizes another to give credit to the person in whose favour it is drawn. [Indian Stamp Act, 1899 (2 of 1899), s. 2 (3)]...
order
order 1 : a state of peace, freedom from unruly behavior, and respect for law and proper authority [maintain law and ] 2 : an established mode or state of procedure [a call to ] 3 a : a mandate from a superior authority see also executive order b : a ruling or command made by a competent administrative authority ;specif : one resulting from administrative adjudication and subject to judicial review and enforcement [an administrative may not be inconsistent with the Constitution "Wells v. State, 654 So. 2d 145 (1995)"] c : an authoritative command issued by the court [violated a court and was jailed for contempt] cease-and-de·sist order [sēs-ənd-di-zist-, -sist-] : an order from a court or quasi-judicial tribunal to stop engaging in a particular activity or practice (as an unfair labor practice) compare injunction, mandamus, stay consent order : an agreement of litigating parties that by consent takes the form of a court order final order : an order of a court...
Charging order
Charging order, an order obtained from a court or judge under the (English) Judgments Acts, 1838 and 1840 (1 & 2 Vict. c. 110), s. 14, and (3 & 4 Vict. c. 82), s. 1, and (English) R. S.C. 1883, Ord. XLVI., charging the stocks or funds of a judgment debtor with the judgment debt.Solicitor's Costs.--The (English) Solicitors' Act, 1932 (22 & 23 Geo. 5, c. 37), s. 69, enables any court in which a solicitor has been employed to prosecute or defend a suit to make a charging order in favour of the solicitor of the successful party for his taxed costs upon the property 'recovered or preserved' through the instrumentality of such solicitor, and the court may make such orders for taxation of and for raising and payment of such costs out of the property as shall appear just and proper, and all conveyances and acts done to defeat, or which shall operate to defect, such charge, unless made to a bona fide purchaser for value without notice, will be absolutely void as against th charge; but no such o...
Tax and fee-distinction
Tax and fee-distinction, a tax is a compulsory exaction of money by a public authority for public purposes enforceable by law and is not payment 'for services rendered'. This definition brings out the essential characteristics of a tax as dis-tinguished from other forms of imposition which, in a general sense, are included within it. The essence of taxation is compulsion, that is to say, it is imposed under statutory power without the taxpayer's consent and the payment is enforced by law. The second characteristic of tax is that it is an imposition made for public purpose without reference to any special benefit to be conferred on the payer of the tax. On the other hand A fee is generally defined to be a charge for a special service rendered to individuals by some govern-mental agency. But the traditional view that there must be actual quid pro quo has undergone a sea change with the passage of time. Correlation-ship between the levy and the services rendered/expected is one of general...
Trade allowance
Trade allowance, the question whether a particular payment is a trade allowance or not, depends upon the facts of each case. Firstly, it must be a deduction in any transaction in respect of commercial crops. If it is a deduction out of the price or commodity agreed to be paid or transferred, it would be a trade allowance. On the other hand, if the payment is 'de hors' the terms of the transaction but made towards consideration for the use of the premises or services rendered, it would not be a deduction from the price or in any transaction, M.C.V. S. Arunachala Nadar v. State of Madras, AIR 1959 SC 300 (308). (Madras Commercial Crops Markets Act, 1933, s. 14)...
Criminal Appeal Act, 1907 (English)
Criminal Appeal Act, 1907 (English) (7 Edw. 7, c. 23), came into force on the 19th April, 1908. For a great number of years the merits and demerits of criminal appeal have been discussed in this country.In 1844 Sir Fitzroy Kelly, in a remarkable speech in the House of Commons, advocated criminal appeal, the claim to which has also been recognized by Starkie, Sir John Holker, and Chief Baron Pollock; and even Blackstone,with whom, as Mr. Lecky has observed, admiration of our national jurisprudence was almost a foible, passed some severe criticisms on the stateof the criminal law of his day. In more recent times Lord James of Hereford (then Sir Henry James) introduced a criminal appeal bill into the House of Commons,which was supported by Lord Russell of Killowen (then Sir Charles Russell). And in 1889 Lord Fitzgerald, when introducing a measure into the House of Lords, said that the absene of any provision for rectifying errors andmistakes in criminal cases constituted a blot upon the c...
- << Prev.
- Next >>