S 64 - Law Dictionary Search Results
Home Dictionary Name: s 64Land-tax
Land-tax, means a tax laid upon land and houses, which in 1689 (1 Will. & Mary, c. 3) superseded all the former methods of taxing either property or persons in respect of their property, whether by tenth or fifteenths, subsidies on land, hydages, scutages, or talliages. Although generally a charge upon a landlord, yet it is a tax neither on landlord nor tenant, but on the beneficial proprietor, as distinguished from the mere tenant at rack-rent; and if a tenant have to any extent a beneficial interest, he becomes liable to the tax pro tanto, and can only charge the residue on his landlord. Houses and buildings appropriated to public purposes are not liable to land-tax. As to its origin and inequality, see 3 Hall. Cons. Hist. 135; Miller on the Land-tax; Bourdin on Land-tax.The more agricultural counties, upon which the burden of the tax has fallen most heavily by reason of the depreciation in value of agricultural land, were greatly relieved by s. 31 of the (English) Finance Act, 1896,...
May
May, Prima facie the word 'may' must be given its ordinary and natural meaning. Primarily it is permissive in its meaning and until the contrary is established the word 'may' in section 6 of the Criminal (Amendment) Act could be read to mean that 'It shall be lawful'. There is nothing in the provisions of the Act, which would compel a court to give to the word 'may' in section 6 of the Act a meaning other than its ordinary meaning and to interpret it as 'shall', State v. Surajdeo Sinha, 1953 BLJR 571: 1954 Cr LJ 139: 1954 Pat 80.The word 'may' does not always import that the matter is discretionary with the court in exercising its functions. Similarly, 'shall' sometimes imports that the matter is entirely discretionary with the court in exercise of its functions, State of Uttar Pradesh v. Jogendra Singh, 1963 SC 1613; State of Uttar Pradesh v. Manbodan Lal, 1957 SC 912; Kamar Singh v. Delhi Administration, 1965 SC 971; Banwari Lal v. State of Bihar, 1961 SC 849; Narayana Rao v. State o...
Immunity
Immunity, exemption, not likely to be affected.Immunity in short is no liability. It is an immunity from the legal power of some other person. The correlative of immunity is disability, Shanti Kumar R Chanji v. House Insurance Co. Ltd., AIR 1974 SC 1719 (1722).Immunity, is -- 'freedom or exemption from penality, burden or duty'. Immunity from prosecution under section 64 mean freedom from punishment during a proceeding instituted and carried on by law, Jasbir Singh v. Vipin Kumar Jaggi, AIR 2001 SC 2734. [See Narcotic Drugs and Psychotropic Substances Act (61 of 1985), s. 64]Means any exemption from a duty, liability, or service of process, esp., such an exemption granted to a public official, Black's Law Dictionary, 7th Edn., p. 752.Is an exemption or freedom from general obligation, duty, burden or penalty, Raja Ram Pal v. Hon'ble Speaker, Lok Sabha, (2007) 3 SCC 184....
Immunity from prosecution
Immunity from prosecution, the phrase 'immunity from prosecution' in s. 64 would mean 'Freedom from punishment during a proceeding instituted and carried on by law', Jasbir Singh v. Vipin Kumar Jaggi, AIR 2001 SC 2734 (2742): (2001) 8 SCC 289. [NDPS Act, 1985 (61 of 1985), s. 64]...
Registration of title of land
Registration of title of land. The (English) Land Registration Act, 1925 (15 Geo. 5, c. 21), repeals and re-enacts the (English) Land Transfer Acts, 1875 (38 & 39 Vict. c. 87) and 1897 (60 & 61 Vict. c. 65), with amendments in keeping with innovations which were introduced by the property laws of 1925. Its object is to simplify the indicia of land ownership and transfer by mere inscription and transcription in a register. The advantages which are claimed for the system are (a) purchasers for value of an absolute or good leasehold title are absolved from any inquiry into the title other than it is shown to be on the register; (b) certain equitable claims which would be binding on the land under the general law and cannot be removed or over-reached without onerous formalities do not affect such purchasers; (c) the method of conveyance or charge is simple; (d) subject to the statutory provisions, registration guarantees the title to purchasers for value and mortgagees. It should be observ...
Fees
Fees, perquisites allowed to officers in the administration of justice, as a recompense for their labour and trouble, ascertained either by Acts of Parlia-ment, by rule or order of Court, or by ancient usage; in modern times frequently commuted for a salary, e.g., by the (English) Justices Clerks Act, 1877.Although, however, the officers of a court may be paid by salary instead of by fees, the obligation of suitors to pay fees usually remains, these fees being paid into the fund out of which the salaries of the officers are defrayed. In the Supreme Court they are collected by means of stamps under s. 26 of the (English) Judicature Act, 1875, and a Treasury Order of July, 1884, a judicial Order of the same year fixing the amount, and see Supreme Court Fees Rules, 1930.The mode of collecting fees in a public office is under the (English) Public Office Fees Act, 1879 (42 & 43 Vict. c. 58) (repealing and replacing the (English) Public Office Fees Act, 1866), by stamps or money, as the Trea...
Alteration
Alteration. An alteration vitiates a deed or other instrument, if made in a material part after execution. In the case of deeds, an unexplained alteration is presumed to have been made at the time of execution; but it is otherwise with wills. See (English) Wills Act, 1837 (7 Wm. 4 & 1 Vict. c. 26), s. 21.As to alteration of a bill of exchange, see s. 64 of the Bills of Exchange Act, 1882, by which, where a bill is materially altered without the assent of all parties liable on it, the bill is avoided, except as against a party who has himself made, authorized, or assented to the alteration, and subsequent indorsers. But if the alteration is not apparent, and the bill is in the hands of a holder in due course, such holder may avail himself of the bill as if it had not been altered, and may enforce payment of it according to its original tenor. In particular the following alterations are material, namely, any alteration of the date, the sum payable, any alteration of the date, the sum pay...
Mineral rights duty
Mineral rights duty. The (English) Finance (1909-10)Act, 1910 (10 Edw. 7, c. 8), ss. 20 and 21 imposes a duty of 1s. in the ' on the rental value of minerals (see that title). This tax falls upon the proprietor or lessor and is for practical purposes an additional 'landlord's property tax' imposed upon minerals. These ss. have been amended by 2 & 3 Geo. 5, c. 8, s. 11; 5 & 6 Geo. 5, c. 89, s. 43; 10 & 11 Geo. 5, c. 18, s. 64, and Sched. IV....
Co-operative association
Co-operative association, means (a) registered society as defined in the Industrial and Provident Societies Act, 1965, s. 74 or a society registered under the Industrial and Provident Societies Acts, (Northen Ireland) 1893 to 1663 or (b) any body which (whether incorporated or not) has a written constitution from which the minister is satisfied, having regard to any provision as to the manner in which profit of the body are to be applied for benefit of its members and all other relevant provisions, that the boy is in substance a co-operative association, Agriculture Act, 1967, s. 64(8) (UK) Halsbury's Laws of England, Vol. 1(2), para 580, p. 314....
Fifteen day's wages
Fifteen day's wages, In any factory it is well known that an employee never works and could never be permitted to work for all the 30 days of the month. He gets 52 Sundays in a year as paid holidays and, therefore, the basic wages and dearness allowance are always fixed by taking into consideration this economic reality ..... A worker gets full month's wages not by remaining on duty for all the 30 days within a month but by remaining on work and doing duty for only 26 days. The other extra holidays may make some marginal variation into 26 working days, but all wage boards and wage fixing authorities or tribunals in the country have always followed this pattern of fixation of wages by this method of 26 working days, Digvijay Woollen Mills Ltd. v. Mahendra Prataprai Buch, AIR 1980 SC 1944: (1980) 4 SCC 106: (1981) 1 SCR 64....
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