Same Transaction - Law Dictionary Search Results
Home Dictionary Name: same transaction Page: 3Same interest
Same interest, the expression same interest is not a distinct interest even though arising out of or taken away by the same act or transaction, AIR 1980 J&K 50 (52). (Civil PC, 1908, O. 1, R. 8)...
joinder
joinder [Anglo-French, from joinder to join, from Old French joindre, from Latin jungere] : the act or an instance of joining: as a : a joining of parties as coplaintiffs or codefendants in a suit ;also : a joining of claims by one or more plaintiffs in a suit see also misjoinder compare counterclaim, cross-claim, impleader, interpleader, intervention, sever collusive joinder : an addition of a party to a suit made for the purpose of manufacturing federal jurisdiction NOTE: Under the Federal Rules of Civil Procedure a federal district court will not have jurisdiction when collusive joinder is made. compulsory joinder : joinder of a party to a suit required by the court when the party is indispensable to complete relief for parties already involved or when the party claims an interest that may substantially affect the other parties or may be put at risk by the action joinder of remedies : a joining of two claims in one action even though one cannot be recognized until the othe...
egularly kept books of account
egularly kept books of account, to ascertain whether a book of account has been regularly kept the nature of occupation is an eminent factor for weighment. The test of regularity of keeping accounts by a shopkeeper who has daily transactions cannot be the same as that of a broker in real estates. Not only their systems of maintaining books of account will differ but also the yardstick of contemporaneity in making entries therein. It is not possible to accept the view that an entry must necessarily be made in the book of account at or about the time the related transaction takes place so as to enable the book to pass the test of 'regularly kept'. The rule fixes no precise time and each case must depend upon its own circumstances, CBI v. V.C. Shukla, AIR 1998 SC 1406: (1998) 3 SCC 410....
Loan
Loan [hl'n, Sax.], anything lent or given to another on condition of return or repayment. As to loan of money, see MONEY LENDERS ACT.The distinction between a loan and a deposit is that in the case of a loan it is ordinarily the duty of the debtor to seek out the creditor and to pay the money according to the agreement. In the case of a deposit it is the duty of the depositor to go to the depositee and to make a demand for it, Gurcharan Das v. Ram Rakha Mal, AIR 1937 Lah 81.The word 'loan' used in s. 4 has the same meaning as it has in s. 2(f) and includes a transaction on a bond bearing interest executed in respect of past liability, Jiwanlal Achariya v. Rameshwarlal Agarwalla, AIR 1967 SC 1118: (1967) 1 SCR 190. [Bihar Money Lenders (Regulation of Transactions) Act, 1939 (7 of 1939), ss. 2(f) and 4]...
Regularly kept books of account
Regularly kept books of account, to ascertain whether a book of account has been regularly kept the nature of occupation is an eminent factor for weighment. The test of regularity of keeping accounts by a shopkeeper who has daily transactions cannot be the same as that of a broker in real estates. Not only their systems of maintaining books of account will differ but also the yardstick of contemporaneity in making entries therein. It is not possible to accept the view that an entry must necessarily be made in the book of account at or about the time the related transaction takes place so as to enable the book to pass the test of 'regularly kept'. The rule fixes no precise time and each case must depend upon its own circumstances, CBI v. V.C. Shukla, AIR 1998 SC 1406: (1998) 3 SCC 410....
Successor-in-interest
Successor-in-interest, 'successor-in-interest' the relevant facts to be taken into account in determining this question was explained by Gajendragadkar, J. in the following words: Did the purchaser purchase the whole of the business? Was the business purchased a going concern at the time of the sale transaction? Is the business purchased carried on at the same place as before? Is the business carried on without a substantial break in time? Is the business carried on by the purchaser the same or similar to the business in the hands of the vendor? If there has been break in the continuity of the business, what is the nature of the break and what were the reasons responsible for it? What is the length of the break? Has goodwill been purchased? Is the purchase only of some parts and the purchaser having purchased the said parts purchased some other new parts and started a business of his own which is not the same as the old business but is similar to it? These and all other relevant factor...
Loan societies
Loan societies, institutions established by the purpose of advancing money on loan to the industrial classes, and receiving back payment for the same by instalments, with interest. They are exempt from the provisions of the Money Lenders Act, 1900.By the (English) Loan Societies Act, 1840 (3 & 4 Vict. c. 110 (continued by 21 & 22 Vict. c. 19, and made perpetual by 26 & 27 Vict. c. 56), forms of proceeding of a similar nature to those prescribed in the Acts regulating savings banks and friendly societies are requisite to enable loan societies to avail themselves of this Act, and see 51 & 52 Vict. c. 41, and 59 & 60 Vict. c.25, s. 2, as to certification of Rules by the Registrar of Friendly Societies.These societies are entitled to issue debentures for money deposited with them (otherwise than by way of gift), and these as well as all other notes and instruments given in pursuance of the Act are exempted from stamp duty. They are also placed on the same footing with savings banks, in the...
Distinct matters
Distinct matters, the expression 'distinct matters' would connote something different from distinct 'categories'. Two transactions might be of the same description, but all the same, they might be distinct, Board of Revenue v. Andhra Pradesh Benthall, AIR 1956 SC 35 (38)...
Distinct matters and descriptions
Distinct matters and descriptions, in its popular sense, the expression 'distinct matters' would connote something different from distinct 'categories'. Two transactions might be of the same description, but all the same, they might be distinct, Member Board of Revenues v. Arthur Paul Benthall, AIR 1956 SC 35. [Stamp Act, (2 of 1899), ss. 4, 5, 6]...
To continue
To continue, means when bonds are purchased without having been paid for but the broker is instructed to carry them over, who accordingly continues them......... e.g., instructs the bank to do so, the expression 'to continue' means to sell and to agree to rebuy the same amount of stock at a future day at the same price and a sum for the accommodation. Such transaction is not a loan, but sale and repurchase, Bongio Vanni v. Societe General, (1886) 54 LT 320....
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