Royalty - Law Dictionary Search Results
Home Dictionary Name: royaltyRoyalty
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...
Dead rent and royalty
Dead rent and royalty, 'dead rent' is calculated on the basis of the, area leased while 'royalty' is calculated on the quantity of minerals extracted or removed. Thus, while dead rent is a fixed return to the lessor, royalty is a return which varies with the quantity of minerals extracted or removed. Since dead rent and royalty are both a return to the lessor in respect of the area leased looked at from one point of view dead rent can be described as the minimum guaranteed amount of royalty payable to the lessor but calculated on the basis of the area leased and not on the quantity of minerals extracted or removed, D.K. Trivedi v. State of Gujarat, AIR 1986 SC 1323 (1345): (1986) Supp SCC 20....
overriding royalty
overriding royalty : an interest in and royalty on the oil, gas, or minerals extracted from another's land that is carved out of the producer's working interest and is not tied to production costs compare royalty ...
Royalty on mineral rights
Royalty on mineral rights, cess on royalty cannot be sustained under Entry 49 of List II as being a tax on land. Royalty on mineral rights is not a tax on land but a payment for the user of land, India Cement Ltd. v. State of Tamil Nadu, AIR 1990 SC 85: (1990) 1 SCC 12: (1989) Supp 1 SCR 692...
royalty
royalty pl: -ties 1 : a right delegated (as to an individual or corporation) by a sovereign 2 a : a share of the profit or product reserved by the grantor esp. of an oil or mineral lease compare overriding royalty b : a payment made to an author or composer for each copy of a work sold or to an inventor for each article sold under a patent ...
Regalia
That which belongs to royalty Specifically a The rights and prerogatives of a king b Royal estates and revenues c Ensings symbols or paraphernalia of royalty...
Durham, County palatine of
Durham, County palatine of. The jurisdiction which was, for a long time, vested in the Bishop of Durham for the time being, was taken from him by 6 & 7 Wm. 4, c. 19, which is amended by 21 & 22 Vict. c. 45, and vested as a separate franchise and royalty in the Crown.As to the jurisdiction of the Durham Court of Chancery, see these Acts; appeals from the Chancellor of Durham lie to the Court of appeal [(English) Jud. Act, 1925, s. 28]; and as to the Durham Court of Pleas, see 33 Geo. 3, c. 68, and 2 & 3 Vict. c. 16, ss. 4-37, and the (English) Palatine Court of Durham Act, 1889 (52 & 53 Vict. c. 47); the Durham Court of Pleas is now abolished and its jurisdiction transferred to the High Court of Justice [(English) Jud. Act, 1873, s. 16]. See also COUNTY PALATINE.The jurisdiction of the Durham Court of Chancery within its territorial limits as coextensive and concurrent with that of the Chancery Division of the High Court; (English) Judic. Act, 1925, s. 18....
Auctioneers
Auctioneers, licensed agents appointed to sell property and to conduct sales or auctions. They differ from brokers, in that the latter may both buy and sell, whereas auctioneers can only sell; also brokers sell by private contract, and auctioneers by public auction.An auctioneer is deemed the agent of both parties; he can bind virtue officii the seller and the purchaser of royalty by his memorandum of the sale under s. 40 of the (English) Law of Properties Act, 1925, replacing in part s. 4 of the Statute of Frauds; but he is only the agent of the seller before the fall of the hammer at the sale. He may sue the purchaser in his own name. An auctioneer is generally remunerated by a commission on the amount realised by the sale, or, if no sale has been effected, on the reserve.As to the right to specific performance when a mistake has been made by the auctioneer, see Re Hare and O'Moore's Contract, (1901) 1 Ch 93; McManus v. Fortescue, (1907) 2 KB 1. It has been held in Scotland that an a...
County palatine
County palatine [fr. Palatium, Lat., a court]. There were three of these counties--Chester, Durham, and Lancaster. The two former were such by immemorial custom; the last was created by Edward III. The Bishop of Durham and the Duke of Lancaster had royal power within their respective counties. They could pardon treasons, murders, and felonies; they appointed judges and magistrates; all writs and indictments ran in their names,and offences were said to be done against their peace and not contra pacem domini regis. The (English) Act (11 Geo. 4 & 1 Wm. 4, c. 70), abolished the Court Session of the County Palatine of Chester, and subjected the county in all things to the jurisdiction of the superior Courts at West-minster. By the (English) Judicature Act, 1925, s. 18, replacing (English) Judicature Act, 1873, s. 16, the jurisdiction of the Court of Common Pleas at Lancaster and of the Court of Pleas at Durham is transferred to the High Courtof Justice. But the jurisdiction of the Chancery ...
Dead rent
Dead rent. A rent payable on a mining lease in addition to a royalty, so called because it is payable whether the mine is being worked or not....
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