Reservation - Law Dictionary Search Results
Home Dictionary Name: reservation Page: 5 Page 5 of about 289 results ( seconds)Royalty
Royalty, a payment reserved by the grantor of a patent, lease of a mine or similar right, and payable proportionately to the use made of the right by the grantee. It is usually a payment of money, but may be a payment in kind, that is, of part of the produce of the exercise of the right, Jowitt's Dictionary of English Law, 2nd End., p. 1595.In the legal world, is known as the equivalent or translation of jura 'regalia' or 'jura regia'. Royal rights and prerogatives of a sovereign are covered thereunder. In its secondary sense, the word 'royalty' would signify, as in mining leases, that part of the reddendum, variable thought, payable in cash or kind, for rights and privileges obtained, Inderjeet Singh Sial v. Karam Chand Thapar, (1995) 6 SCC 166.Royalty, is not a tax. Simply because the royalty is levied by reference to the quantity of the minerals produced and the impugned cess too is quantified by taking into consideration the same quantity of the mineral produced, the latter does no...
Militia
Militia, the national soldiery, as distinguished from the regular forces or standing army, being the inhabitants, or, as they have been sometimes called, the trained bands of a town or county, who are armed on a short notice for their own defence. as to its origin see Hall, Cons. Hist. iii. p. 259. The statutes on this subject make service compulsory upon all men between eighteen and thirty, who are to be selected by ballot (23 & 24 Vict. c. 120, s. 7), with exceptions for peers, clergymen, articled clerks, officers on half pay, apprentices, poor men having more than one child born in wedlock and other persons (42 Geo. 3, c. 90, s. 43); but by Acts dating from 10 Geo. 4, c. 10, the making of lists and the ballots and enrolments for the Militia were from time to time suspended.Finally in 1865, by the (English) Militia (Ballot Suspension) Act, 1865--a temporary Act, continued annually from time to time by successive Expiring Laws Continuance Acts--these statutes were suspended, subject t...
Puffer
Puffer, one who attends a sale by auction, to bid on the part of the owner, for the purpose of raising the price and exciting the eagerness of the bidders.The (English) Sale of Land by Auction Act, 1867 (30 & 31 Vict. c. 48), regulates the employments of puffers at an auction for the sale of land, and enacts that all sales of land where a puffer has bid shall be illegal unless a right of bidding on behalf of the owner shall have been reserved; that the conditions of sale shall state whether the sale is to be without reserve, or subject to a reserved price, or whether a right to bid is reserved; that if it be stated that the sale is to be without reserve, a puffer is not to be employed; that if a right to bid be reserved, the seller or one puffer may bid; and that the practice of opening bidding, formerly sanctioned by courts of equity, shall be discontinued. As to sale of goods by auction, see similar provisions, s. 58 of the Sale of Goods Act, 1893, and see AUCTION....
power
power 1 : capability of acting or of producing an effect [parties of unequal bargaining ] 2 a : authority or capacity to act that is delegated by law or constitution often used in pl. commerce power often cap C&P : the power delegated to Congress under Article I, Section 8 of the U.S. Constitution to regulate commerce esp. among the states see also commerce clause concurrent power : a power that is held simultaneously by more than one entity ;specif : a power delegated to the federal government by the U.S. Constitution that is also held by the states enu·mer·at·ed powers [i-nü-mə-rā-təd-, -nyü-] : the powers specifically named and delegated to the federal government or prohibited to be exercised by the states under the U.S. Constitution compare reserved powers in this entry executive power : the power delegated to the executive of a government ;specif : any or all of the powers delegated to the president under Article II of the U.S...
Auction
Auction, signifies generally an increasing, an enhancement, and hence is applied to a public sale of property usually conducted by biddings, which augment the price. A spear used to be raised by the Romans, at the sign of a public auction, Livy, xxiii. 37; Smith's Dict. of Antiq. The Sale of Land by Auction Act, 1867 (30 & 31 Vict. c. 48), by s. 5 enacts that the particulars of sale of land by auction 'shall state whether such land will be sold without reserve, or subject to a reserved price, or whether a right to bid is reserved,' and that 'if it is stated that such land will be sold without reserve, it shall not be lawful for the seller to employ any person to bid at such sale, or for the auctioneer to take knowingly any bidding from any such person.' As to auction without reserve, see Rainbow v. Howkins, 1904 (2) KB 322. See DUTCH AUCTION; KNOCK-OUTS.The auctions (English) (Bidding Agreements) Act, 1927 (17 & 18 Geo. 5, c. 12), was designed to make it illegal for a dealer to give an...
Preference
Preference, means prior right, advantage, pre-cedence etc., Sher Singh v. Union of India, AIR 1984 SC 200: (1984) 1 SCC 107.The expression 'preference' amongst others means prior right, advantage, precedence etc. It signifies that other things being equal, one will have preference over the others, Sher Singh v. Union of India, AIR 1984 SC 200 (204): (1984) 1 SCC 107: (1984) 1 SCR 464. [Motor Vehicles Act, 1939, s. 47(1H)]The 'preference' envisaged in the Rules, cannot mean, an absolute en bloc preference akin to reservation or separate and distinct method of selection for them alone. A mere rule of preference meant to give weightage to the additional qualification cannot be enforced as a rule of reservation or rule of complete precedence, Andra Pradesh Public Service Commission v. Y.V.V.R. Srinivasulu, (2003) 5 SCC 341 (348): AIR 2003 SC 3961.The expression 'preference' means an equitable apportionment of vacancies reserved for backward classes, Indra Sawhney v. Union of India, AIR 199...
Absque impetitione vasti
Absque impetitione vasti [Lat.] (without impeachment of waste), a reservation frequently made to a tenant for life, that no man shall proceed against him for waste committed. This reservation does not extend to allow excessive or outrageous acts of waste, such as felling timber planted for ornament, which is called 'equitable waste' and is ground for an injunction. See WASTE...
Equality
Equality, Equality under art. 16 could not have a different content from equality under art. 14. Equality of opportunity for unequals can only mean aggravation of inequality. Equality of opportunity admits discrimination with reason and prohibits discrimination without reason, State of Kerala v. N.M. Thomas, (1976) 2 SCC 310: AIR 1976 SC 490: (1976) 1 SCR 906.The quality or state being equal; esp. likeness in power or political status, Black's Law Dictionary, 7th Edn., p. 597.Indian Constitution guarantees equality of opportunity to all citizens in the matter of employment or appointment to any office under the State, no citizen will be denied employment on the ground of religion, race, caste, sex and place of birth etc. However, the State can make special provision for reservation of posts for backward class citizens, Constitution of India, Art. 16(1), (2) & 4.The equality before law does not mean absolute equality of men, it only means equal subjection of all individuals to the ordin...
Exception
Exception, exclusion of anything or person; a stop or stay to an action; also the particular point of law stated in the margin of a demurrer. In Chancery, exceptions might be taken to pleadings if scandalous, and if a defendant's answer were insufficient, the plaintiff might file exceptions to it, Sm. Ch. Pr. 344, 786.An exception, in a conveyance, must be of part of the thing granted and of a thing in esse at the time of the grant; whereas a reservation must be of some new thing issuing out of the thing granted; see Co. Litt. 47 a; Shep. Touch. 80; Savill Bros., Ltd. v. Bethell, (1902) 2 Ch 523, and see RESERVATION.Under s. 162(1)(d) of the (English) Law of Properties Act, 1925, the rule of law relating to perpetuities does not apply to any exception of any right of entry or user of the surface of land, or to easements, rights and privileges in relation to mines and minerals as set out in the section.In summary proceedings upon an Act of Parliament, an exception in the Act 'may by pro...
Reserved area and selected area
Reserved area and selected area, the expression 'reserved area' and 'selected area' means the area lawfully reserved under the Punjab Tenants (Security of Tenures) Act, 1950 (Act XXII of 1950), as amended by the President's Act of 1951. Though 'reserved area' has been defined, there is no definition of 'selected area'. This indicates that the Legislature did not introduce a new concept of 'selected area' in the Act. The expressions 'reservation' and 'selection' involve the same process and indeed, to some extent, they are convertible, for one can reserve land by selection and another can select land by reservation, S. Gurbax Singh v. State of Punjab, AIR 1967 SC 502: (1967) 1 SCR 926...
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