Payment Out Of - Law Dictionary Search Results
Allocable surplus
Allocable surplus, means-(a) in relation to an employer, being a company other than a banking company which has not made the arrangements prescribed under the Income-tax Act for the declaration and payment within India of the dividends payable out of its profits in accordance with the provisions of s. 194 of that Act, sixty-seven per cent of the available surplus in an accounting year. (b) In any other case, sixty per cent of such available surplus. [Payment of Bonus Act, 1965 (21 of 1965), s. 2 (4)]...
Works contract
Works contract, means any agreement for carrying out for cash, deferred payment or other valuable consideration-(a) the construction, fitting out, improvement, or repair of any building, road, bridge or other immovable property,(b) the installation or repair of any machinery affixed to a building or other immovable property,(c) the overhaul or repair of-(i) any motor vehicle,(ii) any sea-going vessel, river craft or steamer,(iii) any other vessel propelled by internal combustion engine or by any other mechanical means,(iv) railway engine,(v) any aircraft, or(vi) any component or accessory part of any of the goods mentioned in items (i) to (v), or(d) the fitting of, assembling, altering, ornamenting, finishing, furnishing, improving, processing, treating or adapting any goods. [West Bengal Value Added Tax Act, 2003, s. 2(57)]...
Charities, or Public Trusts
Charities, or Public Trusts. One of the earliest fruits of the Emperor Constantine's zeal, or pretended zeal, for Christianity, was a permission to his subjects to bequeath their property to the Church. This permission was soon abused to so great a degree as to induce the Emperor Valentinian to enact to Mortmain Act by which it was restrained. But this restraint was gradually relaxed; and in the time of Justinian it became a fixed maxim of civil law that legacies to pious uses (which included all legacies destined to works of charity, whether they related to spiritual or temporal concerns) were entitled to peculiar favour, and to be deemed privileged testaments.Lord Thurlow was clearly of opinion that the doctrine of charities grew up from the civil law; and Lord Eldon, in assenting to that opinion, has judiciously remarked, that at an early period that ordinary had the power to apply a portion of every man's personal estate to charity; and when afterwards the statute compelled a distr...
Deposit (Involuntary)
Deposit (Involuntary), where a chattel is sent, without request or arrangement, by one person to another who does not hold himself out as willing to receive it, the person to whom it is sent is under no liability to the sender for its safe custody or protection, but must not use it or otherwise convert it to his own use, Halsbury's Laws of England (2), para 1810, p. 37.Means a sum of money paid on terms: (1) under which it will be repaid, with or with out interest or a premium and either on demand or at a time or in circumstances agreed by or on behalf of the person making the payment and the person receiving it, and (2) which are not referable of the provision of property or services or the giving of security; and references in the Act to money deposited and to the making of a deposit are to be construed accordingly, (Banking Act, 1987) Halsbury's Laws of England 3(1), para 24, p. 20....
Dutiable goods
Dutiable goods, 'dutiable goods' means any goods which are chargeable to duty and on which duty has not been paid. [Customs Act, 1962, s. 2(14)]--means the medicinal and toilet preparations specified in the Schedule as being subject to the duties of excise levied under this Act. [Medicinal and Toilet Preparations (Excise Duties) Act, 1955 (16 of 1955), s. 2 (c)]Dutiable goods, only if payment of duty is out-standing or leviable that goods will be regarded as dutiable goods, Associated Cement Companies Ltd. v. Commr. of Customs, (2001) 4 SCC 593...
Counter-sign
Counter-sign, the signature of a secretary or other subordinate officer to anywriting signed by the pricnipal or superior to vouch for the authenticity of it; e.g., the order of a towncouncil for payment of money out of the borough fund must be singed by three members of the town council,and counter-signed by the townclerk, by (English) Local Government Act, 1933 (23 & 24 Geo. 5, c. 51), s. 187, replacing (except as to London) Municipal Cor-porations Act, 1882, s. 141.Also the password in response to a military challenge by a sentinel or guard.To 'countersign' means 'to sign opposite to along side of or in addition to another signature 'or' to add one's signature to a document (already signed by another) for authentication or confirmation', M. Duraiswamy v. Murugan Bus Service, 1986 Supp SCC 1: AIR 1986 SC 1980 (1989). [Motor Vehicles Act, (4 of 1939), s. 63(1)]...
Borough Fund
Borough Fund, the revenues of a municipal borough derived from the rents and produce of the land, houses, and stocks belonging to the borough in its corporate capacity, and supplemented where necessary by a borough rate. See ss. 138-144 of the (English) Municipal Corporations Act, 1882, which specifies the purposes to which it is legally applicable, and allows (s. 141) orders of a town council for payment of money out of it to be questioned by the High Court on certiorari....
Common informer
Common informer, a person who prosecutes others for breaches of penal laws, or furnishes evidence on criminal trials for no other reason than to get the penalty or a share of it; for a recent instance of an action to recover penalties, see Forbes v. Samuel, (1913) 3 KB 706. Statutes occasionally provide that no proceedings shall be taken without the leave of the Attorney-General, see, e.g., the (English) Larceny (Advertisements) Act, 1870 (33 & 34 Vict. c. 65), and the (English) Public health (Officers) Acts, 1884 and 1885. Sometimes, too, as by the (English) Larceny (Advertisements) Act, 1870, the informers have lost the benefit of their penal action by a retrospective enactment that proceedings therein be stayed in payment of their costs out of pocket. See PENAL STATUTE....
Sample
Sample, a small quantity of a commodity exhibited at public or private sales as a specimen. Where goods are warehoused, certain small specified quantities may, by the regulations of the Custom House, be taken out as samples without payment of duty.On a sale of goods by sample, conditions are implied that the bulk shall correspond with the sample, that the buyer shall have a reasonable opportunity of comparing the bulk with the sample, and that the goods shall be freed from any defect, rendering them unmerchantable, which would not be apparent on reasonable examination of the sample, (English) Sale of Goods Act, 1893, s. 15.As to samples for the purpose of analysis, see Food and Drugs (Adulteration)Act, 1928 (English) (18 & 19 Geo. 5, c. 31), and ADULTERATION.Means a sample of any article of food taken under the provisions of this Act or of any rules made thereunder. [Prevention of Food Adulteration Act, 1954, s. 2(xiv)]...
Barrister in independent practice
Barrister in independent practice, is barrister who holds himself out to the public generally as willing, in return for the payment of fees, to render legal services to clients, Halsbury's Laws of England, Vol. 3(1), 4th Edn., Para 444, p. 349....
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