Person Interested - Law Dictionary Search Results
Home Dictionary Name: person interested Page: 6Related person
Related person, on a proper interpretation of the definition of 'related person' in sub-s. (4)(c) of s. 4, the words 'a relative and a distributor of the assessee' do not refer to any distributor but they are limited only to a distributor who is a relative of the assessee within the meaning of the Companies Act, 1956. So read, the definition of 'related person' is not unduly wide and does not suffer from any constitutional infirmity on ground of violation of Articles 14 and 19. It is within the legislative competence of Parliament, Union of India v. Bombay Tyre International Ltd., AIR 1984 SC 420: (1984) 1 SCC 467: (1984) 1 SCR 347.The definition of 'related person' shows that when an assessee is so closely associated with another person, directly or indirectly, in the business, then it could be said that they are 'related persons'. The holding company and subsidiary company have got special significance. There must be mutuality of interest between the two persons, Flash Laboratories L...
Mandamus
Mandamus [we command). (1) A high prerogative writ of a most extensive remedial nature. In form it is a command issuing in the King's name from the King's Bench Division of the High Court only, and addressed to any person, corporation, or inferior court of judicature requiring them to do something therein specified, which appertains to their office, and which the court holds to be consonant to right and justice. It is used principally for public purposes, and to enforce performance of public duties. It enforces, however, some private rights when they are withheld by public officers.It is a general rule that this writ is only to be issued where a party has no other specific remedy; and he must apply to the court without delay. the jurisdiction is altogether in the discretion of the court. It can only be obtained from the King's Bench Division, and on motion, and not in an action; [(English) R.S.C., Ord. LIII., r. 4]. For rules of procedure, see (English) Crown Office Rules, 1906, rr. 49...
Land holder
Land holder, the expression 'landholder' who obviously is a possessor of interest in land means a person to whom rent is payable, and by legal fiction it shall include his predecessor-in-interest as also successor-in-interest to whom the rent was or is payable. It is such definition that will have to be read in the U.P.Z.A. & L.R. Act wherever that expression occurs, Richpal Singh v. Desh Raj Singh AIR 1981 SC 1960: (1982) 1 SCR 368. UPZA & L.R. Act [s. 3(ii)]....
Bare trustee
Bare trustee, A person holding property in trust for another without any beneficial interest in or duty in regard to it except to transfer it to the person entitled. Under the (English) Law of Property Act, 1925, 1st Sched., Part II., para 3, the legal estate, if any, in a bare trustee (not being a trustee for sale) automatically vested in the person who could call for a conveyance of it. Although this simplified conveyancing where the legal estate in the trustee was only remote, it was found that great inconvenience would be caused in cases where the legal estate in the trustee related to the entirety of the property in question according to its nature, and the Law of Property Amendment Act, 1926, provided that a purchaser for money or money's worth without notice of the trust upon production of the title deeds may accept the conveyance from the trustee or persons deriving title under him. See ACTIVE TRUSTEE.Bare trustee, in relation to a deposit means person holding the deposit on tr...
Injury
Injury, any damage done to another, either in his person, rights, reputation, or property, for which an action lies at law.Injury has been defined in s. 44 of the Penal Code as denoting 'any harm whatever illegally caused to any person, in body mind, reputation or property, S. Harnam Singh v. State (Delhi Admn), AIR 1976 SC 2140 (2145): (1976) 2 SCC 819. (Penal Code, 1860, s. 44)The word 'injury' denotes any harm whatever illegally caused to any person, in body, mind, reputation or propery. (Penal Code, 1860, s. 44)Injury, Black's Law Dictionary contains the definition for the word 'Injury' (at p. 706 in the 5th Edn.) as 'any wrong or damage done to another either to his person, rights reputation or property'. The alternative meaning given therein is: 'The invasion of any legally protected interest of another'.Injury as 'any harm whatever, illegally caused to any person in body, mind, reputation or property'. [See Indian Penal Code, 1860] word 'Injury' in s. 23 of the Contract Act shou...
skip person
skip person : a person to whom property is transferred in a generation-skipping transfer ;also : a trust whose interests are all held by or may only be distributed to skip persons see also direct skip compare generation-skipping transfer ...
Falsification
Falsification.1. Pedigree.--For a vendor or mortgagor or other person disposing of property or any interest therein for money or money's worth to a purchaser of land or chattels real or personal, or for his solicitor or other agent to conceal from the purchaser any instrument or incumbrance material to the title or to falsify any pedigree upon which the title may depend, in order to induce a purchaser or mortgagee or his solicitor to accept the title offered, is a misdemeanour punishable by fine or imprisonment with or without hard labour, or both, for not more than two years, by the (English) Law of Property Act, 1925, s. 183, extend-ing the (English) Law of Property Amendment Act, 1859 (22 & 23 Vict. c. 35), s. 24 (Chitty's Statutes, tit. 'Conveyancing'), and the falsifier is also liable to an action for damages by the same enactment. The fiat of the Attorney-General is required before comm-encing a prosecution. [(English) L.P. Act, 1925, s. 183]2. Official Documents.--Making any mat...
Reserve and provision
Reserve and provision, the expression 'reserve' has not been defined in the Act and therefore one would be inclined to resort to its ordinary natural meaning as given in the dictionary but it seems to us that the dictionary meaning, though useful in itself, may not be sufficient, for, the dictionaries do not make any distinction between the two concepts 'reserve' and 'provision' which giving their primary meanings, whereas in the context of the legislation with which we are concerned in the case a clear distinction between the two is implied. According to the dictionaries (both Oxford and Webster) the applicable primary meaning of the word 'reserve' is: 'to keep for future use or enjoyment; to set apart for some propose or end in view; to keep in store for future or special use; to keep in reserve', while 'provision' according to Webster means: 'something provided for future'. In other words according to the dictionary meanings both the words are more or less synonymous and connote the...
Disinterested
Not influenced by regard to personal interest or advantage free from selfish motive having no relation of interest or feeling not biased or prejudiced as a disinterested decision or judge...
Rule against perpetuities
Rule against perpetuities, means the rule prohibit-ing a grant of an estate unless the interest must vest, if at all, no later than 21 years after the death of some person alive when the interest was created, Black's Law Dictionary, 7th Edn., p. 1331...
- << Prev.
- Next >>