Pecuniary Advantage - Law Dictionary Search Results
Home Dictionary Name: pecuniary advantagePecuniary advantage
Pecuniary advantage, from whatever source are to be interpretend to mean any form of death under this Act, it would dilute all possible benefits conferred on the claimant and would be contrary to the spirit of the law, Helen C. Rebello v. Maharashtra S.R.T.C., (1999) 1 SCC 90.The words 'pecuniary advantage' are of wide amplitude but even so in the context of s. 5(1)(d) of Prevention of Corruption Act, 1947, obtaining goods on credit cannot be held to amount to obtaining pecuniary advantage. If there is an agreement between the officer and the trader that the officer is not expected to pay for the goods then there is no doubt that this would amount to obtaining pecuniary advantage, but if there is no such agreement and the officer does not pay it cannot be said that he has obtained any pecuniary advantage, Delhi Administration v. S.N. Khosla, AIR 1971 SC 1480 (1481): (1971) 1 SCC 872: (1971) 3 SCR 315. [P.C. Act, 1947, s. 5(1)(d)]...
Benefit
Benefit, does not include any benefit which a mutawalli is entitled to claim solely by reason of his being such mutawalli. [Wakf Act, 1995 (43 of 1995), s. 3 (b)]The word 'benefit' in the context means for the immediate benefit of the individual or his wife or minor child, Yeshwant Rao Ghorpode v. CWT, AIR 1967 SC 135 (137): 1966 Supp SCR 419. [Wealth-tax (Amendment) Act, 1964 s. 4(i)(iii)]Where a person derives a pecuniary advantage as a result of or in connection with the commission of an offence, he is treated as if he had obtained thereby a sum of money equal to the value of the pecuniary advantage, R. v. Righby, (2006) 1 WLR 3067....
Profits
Profits, the advantages which land yields in the shape of rent, issues, or other emoluments; also gains, pecuniary advantage, from whatever source derived....
Obtaining or attempting to obtain
Obtaining or attempting to obtain, the words 'obtaining' or 'attempting to obtain' can certainly include threat, K.P. Sinha v. Aftabuddin, AIR 1955 Pat 453 (456). (Indian Penal Code, s. 161)The word 'obtains' does not eliminate the idea of acceptance of what is given or offered to be given, though it connotes also an element of effort on the part of the receiver. One may accept money that is offered, or solicit payment of a bribe, or extort the bribe by threat or coercion; in each case, he obtains a pecuniary advantage by abusing his position as a public servant. The word 'obtains' is used in ss. 161 and 165 of the Penal Code, Ram Krishan v. State of Delhi, AIR 1956 SC 476 (478): (1956) SCR 182. [Prevention of Corruption Act, 1947, s. 5(1)(d)]...
Pecuniary
Relating to money monetary as a pecuniary penalty a pecuniary reward...
Pecuniary liability
Pecuniary liability, The words 'pecuniary liability' in s. 2(6) of Displaced Persons (Debts Adjustment) Act, 1951, will cover any liability which is of a monetary nature and includes a mortgage debt, Rajkumari Kaushalya Devi v. Bawa Pritam Singh, AIR 1960 SC 1030 (1031): (1960) 3 SCR 570. [Displaced Persons Debt (Adjustment) Act, 1957, s. 2(6)(c)]...
Undue advantage
Undue advantage, means 'unfair advantage', Mayadhar Paramanik v. State, (1971) Cut LT 582; Prakash Chand v. State of H.P., (2004) 11 SCC 381. (Penal Code, 1860, s. 300 Excep. 4)The expression 'undue advantage' as used in the provision means 'unfair advantage', Ghapoo Yadav v. State of Madhya Pradesh, AIR 2003 SC 1620 (1622): (2003) 3 SCC 528. [Penal Code (45 of 1860), s. 300, Expl. 4]The expression undue advantage means 'unfair advantage', Naveen Chandra v. State of Uttranchal, AIR 2007 SC 363....
Collateral advantage
Collateral advantage, is a provision giving the mortgagee a benefit over and above the repayment of the advance, with interest. To be invalid, such a benefit must form part of the mortgage transaction; if the advantage arises out of a separate arrangement then it may be enforced even after redemption. Whether a provision giving rise to the collateral advantage is part of mortgage transaction, or is separate from it, is a question of substance rather than form, Kreglinger v. New Patagonia Meat and Cold storage Co. Ltd., (1914) AC 25 HL....
Terms and advantages
Terms and advantages, are not synonymous. The 'terms' of an agreement are not equivalent to the 'advantages' which a party might receive under it. In fact, that advantage follows the terms of the agreement, East Asiatic Co. (India) Ltd., Bombay v. Raghunath Tricumdas, AIR 1953 Sau 122....
pecuniary
pecuniary : consisting of, measured in, or relating to money [ damages] ...
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