S 42 - Law Dictionary Search Results
Home Dictionary Name: s 42 Page: 3Aggravated assaults
Aggravated assaults, 'Aggravated' means aggravated in respect of violence, not by reason of indecency, R. v. Baker, (1876) 46 LJ Ex 75; on females or boys under fourteen, see (English) Offences against the Person Act, 1861, s. 43, which allows two justices, 'if the assault or battery is of such an aggravated nature that it cannot in their opinion be sufficiently punished under the provisions of s. 42 as to common assaults and batteries,' to give a convicted offender six months' imprisonment with hard labour or to fine him up to 20l. including costs (the maximum punishment for a common assault being two months' imprisonment, or a fine up to 5l.) and to bind him over to keep the peace. (English) Criminal Justice Act, 1925 (c. 86), s. 39 (2), has increased the fine up to 50l., not including costs.Means the criminal assault accompanied by circumstances that make it more severe, such as the use of a deadly weapon, the intent to commit another crime, or the intent to cause serious bodily har...
After-acquired property
After-acquired property. A covenant to settle any property that may be acquired by the wife subsequently to the marriage is often inserted in marriage settlements. The construction and effect of such a covenant depends chiefly on the language of the covenant itself. See Wurtzburg on Covenants for the Settlement of a wife's after-acquired property; Bankruptcy Act, 1914, s. 42(2). See SETTLEMENT....
Landing charges
Landing charges, are the expenditure incurred by an importer for bringing goods on board ship to land. Landing charges, in law, must be assessed on actuals, but, as a matter of practice, particularly to facilitate expenditure clearance. Landing charges are assessed at a percentage of the value of the goods and such assessment is accepted. When so assessed, landing charges cover the totality of all that an importer expends to bring imported goods to land, M/s Coromandal Fertilisers Ltd. v. Collection of Customs, AIR 2000 SC 606.Are exactly what the words mean, the expenditure incurred by an importer for bringing goods on board ship to land. Landing charges, in law, must be assessed on actuals, but, as a matter of practice, particularly to facilitate expeditious clearance, landing charges are assessed at a percentage of the value of the goods and such assessment is accepted. When so assessed, landing charges cover the totality of all that an importer expends to bring imported goods to la...
Net profits
Net profits, clear profits after all deductions, see Watson v. Haggitt, 1928 AC 127. [s. 42, Indian Trusts Act]Net profits, the 'net profits' means the divisible profits and are to be ascertained after deduction of excess profits tax which is payable by the assessee, CIT v. Delhi Flour Mills Co. Ltd., AIR 1959 SC 185 (188): 1959 Supp (1) SCR 28. [Excess Profits Tax Act, 1940, s. 4]...
Outstanding term
Outstanding term, a term in gross at law, which, in equity, may be made attendant upon the inheritance, either by express declaration or by implication. See the (English) Satisfied Terms Act, 1845, extended by the (English) Law of Property Act, 1925, s. 5, and 1st Sched., Part II., par. (1), to outstanding terms out of leaseholds and vesting the outstanding terms in the immediate reversion; for the law before 1926, see Re Moore and Helm, (1912) 2 Ch 105, and for conditions of sale. [see Law of Property Act, 1925, s. 42 (3)]...
Recorder of London
Recorder of London, one of the justices of oyer and terminer, and a justice of the peace of the quorum for putting the laws in execution for the preservation of the peace and government of the city. Being the mouth of the city, he delivers the sentences and judgments of the Court therein, and also certifies and records the city customs, etc. He is chosen by the lord mayor and aldermen, and attends the business of the city when summoned by the lord mayor, etc.; but by the Local Government Act, 1888, s. 42, sub-s. 14, after the vacancy next after the commencement of that Act, which vacancy happened in 1892 by the death of Sir Thomas Chambers, no Recorder may exercise any judicial functions unless he be appointed by the sovereign to exercise such functions....
Jervis's Acts
Jervis's Acts, (English) 11 & 12 Vict. cc. 42 (the Indictable Offences Act,1848), 43 (the Summary Jurisdiction Act, 1848), and 44 (the Justices Protec-tion Act, 1848), regulating (1) the commitment by justices of persons accused of indictable offences; (2) the summary conviction by justices of persons charged with trivial offences: and (3) the bringing of actions against justices-so called because they were prepared and passed through Parliament by Chief Justice Jervis, then Attorney-General, in 1848. These Acts, as amended, are still in force....
Grazing
Grazing. The right of grazing on the sides of the highway belongs to the adjoining owners usque ad medium filum vi'. See also AGISTMENT. As to power to attach grazing rights to small holdings and allotments, see s. 42 of the Small Holdings and Allotments Act, 1908 (8 Edw. 7, c. 36), as amended by 9 & 10 Geo. 5, c. 59...
Business connection
Business connection, The expression 'business connection' undoubtedly means somethings more than 'business'. The expression 'business connection' postulates a real and intimate relation between trading activity carried on outside the taxable territories and trading activity within the territories, the relation between the two contributing to the earning of income by the non-resident in his trading activity, CIT v. R.D. Aggarwal and Co., AIR 1965 SC 1526 (1531): (1965) 1 SCR 660: (1965) 56 ITR 20. [Income Tax Act (11 of 1922), s. 42 (1)]...
Further relief
Further relief, further relief must be a relief, flowing directly and necessarily from the declaration sought and a relief appropriate to and necessarily consequent upon the right or title asserted, Babu Puri v. Kaln, AIR 2005 Raj 77.An injunction is a 'further relief' within the meaning of the s. 42 of the Specific Relief Act, 1877, C. Mohammad Yunus v. Syed Unnissa, AIR 1961 SC 808: (1960) 3 SCR 221...
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