S 164 - Law Dictionary Search Results
Home Dictionary Name: s 164Accumulation
Accumulation, a gathering together, heaping up, or amassing. The dominion over property, and its rents, issues, and profits, is restrained by our law as regards perpetuity and accumulation. See PERPETUITY.The prospective accumulation of income of real or personal estate is restrained by the (English) Law of Property Act, 1925, s. 164, replacing with amendments the (English) Accumulations Act, 1800 (39 & 40 Geo. 3, c. 98); commonly called 'The (English) Thellusson Act,' because the case of Thellusson v. Woodford, 4 Ves 227-343, 1798; and 11 Ves 112-151, 1805 was the occasion of its enactment. The (English) Act of 1925 declares that no person shall by any instrument or otherwise settle or dispose of any property, in such manner that the income thereof shall be accumulated for any longer term than--(1) The life of the grantor or settlor;(2) 21 years from the death of the grantor or settlor, or testator;(3) During the minority of any person who shall be living on en ventre sa mere at the t...
Believe and hope
Believe and hope, 'to hope' means 'to want and expect'; to look forward with expectation and desire.' 'Hope' is a wishful feeling floating on nebulous foams projected into the unknown future, the term 'believe', in the sense in which it is used in s. 164, has 'logical confidence' or 'rational conviction' as its essential element. It imports a very high degree of expectation wrought by reason, a satisfaction fast - rooted in terra firma, free from doubt as to the truth of the fact perceived and believed, Chandran v. State of Madras, AIR 1978 SC 1574 (1581). [Criminal Procedure Code (2 of 1974) s. 164]...
Rent
Rent [fr. reditus Lat.], a certain profit issuing yearly out of lands and tenements corporeal; it may be regarded as of a two fold nature--first, as some-thing issuing out of the land, as a compensation for the possession during the term; and secondly, as an acknowledgment made by the tenant to the lord of his fealty or tenure. It must always be a profit, yet there is no necessity that it should be, as it usually is, a sum of money; for spurs, capons, horses, corn, and other matters, may be, and occasionally are, rendered by way of rent; it may also consist in services or manual operations, as to plough so many acres of ground and the like; which services, in the eye of the law, are profits. The profit must be certain, or that which may be reduced to a certainty by either party; it must issue yearly, though it may be reserved every second, third, or fourth year; it must issue out of the thing granted, and not be part of the land or the thing itself.Consideration paid, usu. periodically...
Wages
Wages, if the remuneration is to be paid daily or weekly, it can be called wages. But when it is monthly remuneration payable on the last day of the month or after that date, and when the remuneration considering the general standards of payments is fairly high, then it has to be understood as salary, K.V.V. Sharma (in re), (1952) 2 Mad LJ 917.Includes any bonus or other additional remunera-tion etc., and any sum 'payable to such person by reason of the termination of his employment, A.R. Sarin v. B.C. Patil, AIR 1951 Bom 423.Means remuneration payable to an employee under an award or settlement, Purshottam v. Potdar, AIR 1966 SC 856.Means remuneration which an employer is liable to pay, if the term of the contract of employment are fulfilled. In other words, they are payments made by an employer for services rendered, G.M. Joshi v. First Civil Judge, AIR 1958 Bom 262.Wages, ought to include gratuity as well, Tirjugi Sitaram v. Badlu Prasad Bheru Prasad, AIR 1962 MP 361.The compensatio...
Clerk of the peace
Clerk of the peace. His duties are to officiate at sessions of the peace, to prepare indictments, and to record the proceedings of the justices, and to perform a number of special duties in connection with the affairs of the county. He is also clerk of the county council, by virtue of s. 83 of the (English) Local Government Act, 1888 (applying to London). The offices are separated by (English) Local Government (Clerks) Act, 1931 (21 & 22 Geo. 5, c. 45), s. 1, but by s. 2 usually the same person will be appointed to both. See also (English) Local Government Act, 1933 (23 & 24 Geo. 5, c. 51), s. 101; London County Council General Powers Act, 1930 (c. clix.), ss. 26-28.Removal is regulated by 1 Wm. & M. c. 21, and (English) Local Government Clerks Act, 1931 (21 & 22 Geo. 5, c. 45), ss. 2, 3, 4.As to appointment, etc., in a quarter sessions borough, see (English) Municipal Corporations Act, 1882, s. 164....
Pleasure-grounds
Pleasure-grounds may be provided by local authorities under the (English) Public Health Act, 1875 (38 & 39 Vict. c. 55), s. 164 (this s. coming in place of 11 & 12 Vict. c. 63, s. 74); and by parish councils under s. 8 of the Local Government Act, 1894, as amended by the Local Government Act, 1933. Rules prescribing restrictions and conditions can be made by virtue of s. 76 of the (English) Public Health Acts Amendment Act, 1907. See RECREATION GROUNDS....
Hope and believe
Hope and believe, There is a marked difference between 'hope' and 'believe'. 'To hope' means 'to want and expect'; 'to look forward with expectation and desire'. 'Hope' is a wishful feeling floating on nebulous foams projected into the unknown future. Deep hidden in 'hope' dwells a lingering doubt, a speck of suspicion, that what is desired and expected may not turn out true. Not un often, in the mind of the person hoping, there lurks subconscious fear that the 'hope' may turn out a 'dupe'. In contrast with it, the term 'believe' in the sense in which it is used in s. 164, has 'logical confidence' or 'rational convic-tion' as its essential element. It imports a very high degree of expectation wrought by reason, a satisfaction fast-rooted in terra firma, free from doubt as to the truth of the fact perceived and believed, Chandran v. State of Madras, AIR 1978 SC 1574 (1581): (1978) 4 SCC 90....
Workmen's Compensation Act
Workmen's Compensation Act. (English) The Workmen's Compensation Act, 1897, introduced the principle of compulsory insurance of workmen by employers in a restricted number of trades. The gist of a right to compensation under the Acts is 'accident arising out of and in the course of the employment' causing personal injury to a workman (Workmen's Compensation Act, 1925 [15 & 16 Geo. 5, c. 84), s. 1 (1)] The compensation is not damages for negligence or any other tort at common law or by statute (see COMPBELL (LORD) ACTS (Fatal Accidents Acts, 1846-1908) and Employers Liability Act, 1880, sub tit. MASTER AND SERVANT), and an employer is not liable both for damages and compensation; but the workman or his representatives may elect between the remedies, and in an unsuccessful action for damages the Court may assess or refer the question of compensation to the proper tribunal, subject to an equitable order for costs (Workmen's Compensation Act, 1925, s. 25). Compensation is not payable for a...
Married women's property
Married women's property, At Common Law, a woman, by marrying, transferred the ownership of all her property, real and personal, present and future, to her husband absolutely, so that he might sell, pay his debts out of, give away, or dispose by will of it as he pleased, with these exceptions and modifications:-1) Her freehold estate became his to manage and take the profits of during the joint lives only. After his death, leaving her surviving, it passed to her absolutely; after her death, leaving him surviving, provided that it was an estate in possession and issue who could in her it had been born during the marriage, it passed to him as 'tenant by the curtesy (q.v.) of England,' during his life, and after his death to her heir-at-law.(2) Her leasehold estate, her personal estate in expectancy, and the debts owing to her and other 'choses in action,' became his absolutely if he did some act to appropriate or reduce them into possession during the marriage, or if he survived her. If ...
King's Bench
King's Bench. The Court of King's or Queen's bench (so called because the King used formerly to sit there in person (though the judges determined the causes), the style of the Court still being coram ipso rege, or coram ipsa regina) was a Court of record, and the Supreme Court of Common Law in the kingdom, consisting of a chief justice and four puisne justices, who were by their office the sovereign conservators of the peace and supreme coroners of the land.This court, which was the remnant of the aula regia, was not, nor could be, from the very nature and constitution of it, fixed to any certain place, but might follow the King's person wherever he went, for which reason all process issuing out of this Court in the King's name was returnable 'ubicunque fuerimus in Anglia.' For some centuries, and until the opening of the Royal Courts, the court usually sat at Westminster, being an ancient palace of the Crown, but might remove with the King as he thought proper to command.The jurisdict...
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