S 29 - Law Dictionary Search Results
Home Dictionary Name: s 29King's Counsel
King's Counsel, barristers appointed counsel to the Crown, and called within the Bar. They answer in some measure to the advocates of the revenue, advocati fisci, among the Romans. They must not be employed against the Crown without special licence, which is not refused unless the Crown desires to be represented by the individual in the case. Each King's Counsel had a small salary, but it is not so now. Under 13 & 14 Vict. c. 25 (repealed by (English) Stat. Law Rev. Act, 1875), they might act as judges of assize when named in the commission, and may, and often do, act as such judges, as being 'persons usually named in the commission' under s. 29 of the (English) Jud. Act, 1873, and being expressly authorised so to be named by s. 37 of that Act. See now (English) Judicature Act, 1925, s. 70; see ADVOCATES, FACULTY OF....
Proceeding
Proceeding, includes administrative proceeding, Nathibai v. Maheshwari Samaj Ramola Trust, AIR 1997 MP 19.It includes execution proceedings also, Specific Relief Act, 1963, s. 22.Proceeding, is a term of wide amplitude. It means a prescribed course of action for enforcing or protecting a legal right and further embracing the requisite steps to be taken whether procedural or substantive. Also means forms in which relief is sought before courts of law or before other bodies or authorities determining rights and liabilities and in which actions are brought and defended and the manner of conducting them and the mode of deciding them. All these happenings or events before a labour court or industrial tribunal or any other authority on whom jurisdiction is conferred by law to dispose of contentious matters are understated by the term 'proceeding', Workmen of Bali Singh Bhagwan Singh v. Management, 1968 ILR 2 Punj 371: 1969 Lab IC 581: AIR 1969 Punj 147; K.J. Lingan and A.V. Mahayalam v. Jt. ...
Charitable uses and trusts
Charitable uses and trusts. 9 Geo. 2, c. 26, commonly called 'The Mortmain Act,' 1735, after reciting that ifts or alienations of land in mortmain (see MORTMAIN) were prohibited by Magna Charta and other whole-some laws as prejudicial to the common utility, and that such public mischief had greatly increased by many large and improvident dispositions, made by languishing or dying persons to charitable uses, to take place after their deaths to the disherison of their lawful heirs, enacted that no lands or other hereditaments whatsoever, nor money, or personal estate to be laid out in land should be given to any person or bodies corporate, or charged by any person in trust, for any charitable uses, unless such gift, etc., should be made by deed (thus entirely excluding gifts by will) executed twelve months before the death of the donor and be enrolled in the court of Chancery within six calendar months after execution, and be without any power of revocation for the benefit of the donor.T...
Executor
Executor. A person appointed by a testator to carry out the directions and requests in his will, and to dispose of the property according to his testamentary provisions after his decease.One who performs or carries out some act, Black's Law Dictionary, 7th Edn., p. 591.The leading duties and responsibilities of an executor may be thus classed:-(1) He will not be allowed as against creditors extravagant funeral expenses if the testator died insolvent; and if he neglects to secure the property, and loss ensue, he will be personally liable for a devastavit, but will not be responsible for mere neglect to take out probate (Re Stevens, (1898) 1 Ch 162). See DEVASTAVIT.(2) By operation of law by virtue of his office he takes a title to the personal property of the testator which vests him with full power ovr the testator's chattels, Attenborough v. Solomon, 1913 AC 76, and by Administration of Estates Act, 1925, s. 1, extending and amending the Land Transfer Act, 1897, real property devolves...
Tithe Rent-Charge
Tithe Rent-Charge. A charge on land, substituted by commutation for that charge on the produce of the land for the benefit of the Church, which was called tithe from being the tenth part of the increase yearly arising and renewing from the profits of lands, the stock upon lands, and the personal industry of the inhabitants; the first species being usually called pr'dial, the second mixed, the third personal.This commutation was effected by a procedure set on foot by the (English) Tithe Act, 1836 (6 & 7 Wm. 4, c. 71), amended by subsequent Acts. See Chitty's Stat., tit. 'Tithe Rent-Charge.' The amount to be paid was annually adjusted, according to the price of corn.The commutation was effected in one of two ways-either by a voluntary parochial agreement, con-firmed by the commissioners, or by the compulsory award of the commissioners. The value, either voluntarily agreed upon or awarded by the commissioners, was considered as the amount of the total rent-charge to be paid in respect of ...
Debtor
Debtor, he that owes something to another. As to the meaning of 'debtor' in the Bankruptcy Act, 1914, see s. 1, sub-s. 2, of the Act. See CREDITOR and BANKRUPT.Debtor, in relation to an attachment of earnings order, or to proceedings in which a court has power to make an attachment of earnings order or to proceedings arising out of such an order, means the person by whom payment is required by the relevant adjudication to be made, Attachment of Earnings Act, 1971, sub-s. 2(e), 25(1) (UK) Halsbury's Laws of England 3(2), para 864, p. 465.In relation to a proposal for the purpose of Part VIII, means the individual making or intending to make that proposal; Insolvency Act, 1986, s. 385(1)(a) (UK) Halsbury's Laws of England 3(2), para 76, p. 466.Means the person to whom a motor vehicle is bailed under such an agreement, Shogum Finance Ltd. v. Hudson [HL (E)], (2003) 3 WLR [Hire-Purchase Act, 1964, s. 29(4)]In relation to a motor vehicle which has been bailed under a hire-purchase agreement...
Valuable security
Valuable security, certificates the appellant has been found to have forged to get admission in the Arts and Commerce College affiliated to Poona Univer-sity could not be described as 'valuable security' within the meaning of s. 30 of the Indian Penal Code, Shaikh Noor Mohd. Shaikh Fazal v. State of Maharashtra, (1980) 4 SCC 551: AIR 1981 SC 297 (298). [Penal Code (45 of 1860), ss. 30, 465, 467, 471]The words 'valuable security' denote a document which is, or purports to be, a document whereby any legal right is created, extended, transferred, restricted, extinguished or released, or whereby any person acknowledges that he lies under legal liability, or has not a certain legal right, see also. [Dowry Prohibition Act, 1961 (28 of 1961), s. 2, Expl. II; (English) Penal Code, 1860, s. 30]The assessment order is certainly a 'document', under s. 29, IPC. The order of assessment does create a right, in the assessee, in the sense that he has a right to pay tax only on the total amount assesse...
Prior or previous
Prior or previous, may be implied if the contextual situation or the object and design of the legislation demands it, Graphite India Ltd. v. Durgapur Projects Ltd., (1999) 7 SCC 645.The word 'prior' or 'previous' may be implied if the contextual situation or the object and design of the legislation demands it but there are no such compelling circumstances justifying reading any such implication into s. 29(1). On the other hand, the indications are all to the contrary. On a perusal of the several, different sections of the very Act, that the Parliament has not been unmindful of the need to clearly express its intention by using the expression 'previous permission' whenever it was thought that 'previous permission' was necessary. In s. 27(1) and 30, it is to be seen that the expression 'permission' is qualified by the word 'previous' and in ss. 8(1), 8(2) and 31, the expression 'general or special permission' is qualified by the word 'previous', whereas in s.s 13(2), 19(1), 19(4), 20, 21...
Khatedar tenant
Khatedar tenant, Khudkasht land, a Zamindar who is in possession/occupation of Khudkasht land on the date of vesting of the estate becomes a Khatedar tenant on abolition of the Zamindari right under s. 29 of the Zamindari Abolition Act. Under the said s. a Zamindar becomes a Malik of the Khudkasht land in his occupation and as Malik he shall be entitled to all the rights conferred and all the liabilities imposed on a Khatedar tenant by or under the Act, Bir Singh v. Pyare Singh, (2003) 3 SCC 652: AIR 2000 SC 1216 (1220). [Rajasthan Zamindari and Biswedari Abolition Act, 1959 (8 of 1959), s. 5(29)]...
Other person liable to pay
Other person liable to pay, the phrase 'other person liable to pay' in s. 29 should be construed as 'other person liable to pay under the Income Tax Act' and the liability cannot therefore be construed with reference to the Partnership Act or any other statute, Sahu Rajeshwar Nath v. ITO, AIR 1969 SC 667 (669): (1969) 1 SCR 999. (Income Tax Act, 1922, s. 29)...
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