Sec 546 - Law Dictionary Search Results
Home Dictionary Name: sec 546 Page: 4Costs
Costs, expenses incurred in litigation or professional transactions, consisting of money paid for stamps, etc., to the officers of the Court, or to the counsel and solicitors, for their fees, etc.Costs in actions are either between solicitor and client, being what are payable in every case to the solicitor by his client, whether he ultimately succeed or not; or between party and party, being those only which are allowed in some particular cases to the party succeeding against his adversary, and these are either interlocutory, given on various motions and proceedings in the course of the suit or action, or final, allowed when the matter is determined.Neither party was entitled to costs at Common Law, but the Statute of Gloucester (6 Edw. 1, c. 4), gave cots to a successful plaintiff, and 2 & 3 Hen. 8, c. 6, and 4 Jac. 1, c. 3, to a victorious defendant; see Garnett v. Bradley, (1878) 3 App Cas 944.In proceedings between the Crown and a subject the general rule is that the Crown neither ...
Special Economic Zone
Special Economic Zone, means a specifically delineated duty-free enclave, as if it were a foreign territory for the purpose of trade operations, duties and tariffs, having been declared and notified in the official Gazette as a Special Economic Zone by the Central Government. [West Bengal Special Economic Zone Act, 2003, s. 2(l)]Means each Special Economic Zone notified under the proviso to sub-section (4) of section 3 and sub-section (1) of section 4 (including Free Trade and Warchousing Zone) and includes an existing Special Economic Zone. [Special Economic Zone Act, 2005 (28 of 2005), s. 2(za)]Means each Special Economic Zone notified under the proviso to sub-s. (4) of s. 3 and sub-s. (1) of s. 4 (including Free Trade and Warehousing Zone) and includes an existing Special Economic Zone. [Special Economic Zone Act, 2005, s. 2(Za)]Means the area declared by the Government of India as the Special Economic Zones. [Gujarat Special Economic Zone Act, 2004, s. 2(n)]Means an area identified...
Husband and wife
Husband and wife. the Common Law treated them, for most purposes, as one person, giving, with exceptions comparatively unimportant, the whole of a woman's property to her husband for his absolute use, and a husband could not make a grant to his wife at the Common Law, though he might do so: (1) under the Statute of Uses, by granting an estate to another person for her use; (2) by creating a trust in her favour; (3) by the custom of particular places; (4) by surrendering copyholds to her use; and (5) by will.Equity, however, from very early times, by the doctrines of 'separate use,' 'trusts,' and 'equity to a settlement,' very largely modified the Common Law in favour of the wife; and the statute law has, by s. 1 of the Law Reform (Married Women and Tortfeasors Act), 1935 (25 & 26 Geo. 5, c. 30), almost completely abolished the property distinction between an unmarried and a married woman. See MARRIED WOMEN'S PROPERTY.At Common Law, a gift of either realty or personal-ity to a husband a...
Appellate Tribunal
Appellate Tribunal, means an Appellate Tribunal established under sub-section (1) of section 8. [Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (51 of 1993), s. 2(a)]Means Appellate Tribunal for Foreign Exchange established under section 18. [Foreign Exchange management Act, 1999]Means the Appellate Tribunal for energy Conservation established under section 30, Energy Conservation Act, 2001 (52 of 2001), s. 2(b)....
deduction
deduction 1 : an amount allowed by tax laws to be subtracted from income in order to decrease the amount of income tax due see also Internal Revenue Code in the Important Laws section compare credit, exclusion, exemption busi·ness deduction : a deduction usually taken from gross income that is allowed for losses or expenses attributable to business activities or to activities engaged in for profit charitable deduction : a deduction allowed for a contribution to a charity usually that is qualified under the tax law (as sections 170 and 2055 of the Internal Revenue Code) de·pen·den·cy deduction : a deduction allowed to be taken in a set amount for a qualified dependent (as under sections 151 and 152 of the Internal Revenue Code) itemized deduction : a deduction for a specifically recorded item that is allowed to be taken from adjusted gross income if the total of such deductions exceeds the standard deduction marital deduction 1 : a deduction allowed under th...
cancel
cancel -celed or: -celled -cel·ing or: -cel·ling 1 : to destroy the force, validity, or effectiveness of: as a : to render (one's will or a provision in one's will) ineffective by purposely making marks through or otherwise marring the text of compare revoke NOTE: The text of the will or of the will's provision need not be rendered illegible in order for a court to find that there was an intent to cancel it. b : to make (a negotiable instrument) unenforceable esp. by purposely marking through or otherwise marring the words or signature of NOTE: As stated in section 3-604 of the Uniform Commercial Code, a party that is entitled to enforce a negotiable instrument may cancel the instrument, whether or not for consideration, and discharge the obligation of the other party to pay. c : to mark (a check) to indicate that payment has been made by the bank NOTE: A check is no longer negotiable once it has been cancelled. d : to withdraw an agreement to honor (a letter of cr...
Land
Land, in its restrained sense, means soil, but in its legal acceptation it is a generic term, comprehend-ing every species of ground, soil or earth, whatso-ever, as meadows, pastures, woods, moors, waters, marshes, furze and heath; it includes also houses, mills, castles, and other buildings; for with the conveyance of the land the structures upon it pass also. And besides an indefinite extent upwards, it extends downwards to the globe's centre, hence the maxim, Cujus est solum ejus est usque ad c'lum et ad inferos; or, more curtly expressed, Cujus est solum ejus est altum. See Co. Litt. 4 a.In an (English) Act of Parliament passed after 1850 'land' includes messuages, tenements and hereditaments, houses, and buildings of any tenure, Interpretation Act, 1889, s. 3. By the Law of Property Act,1925, s. 205(1)(ix.), 'land' for the purposes of the Act includes land of any tenure, and mines and minerals, whether or not held apart from the surface, buildings or parts of buildings (whether th...
Waste
Waste [fr. vastum, Lat.], any spoil or destruction in houses, gardens, trees, etc., by a tenant; as to what acts amount to waste, see Co. Litt. 53 a. It is either (1) legal, sub-divided into (a) voluntary or commissive, as where the tenant pulls down a house or a part thereof, or ploughs up ancient meadow, and (b) permissive or omissive, as where a tenant suffers a house to fall out of repair; or (2) equitable, which comprehends acts not deemed waste at Common Law. Both for voluntary and permissive waste an action lies against a tenant, whether for life or years, by virtue of the statute of Gloucester, 6 Edw. 1, c. 5. A tenant from year to year is liable for voluntary waste only. An injunction will be granted to restrain voluntary waste, as by ploughing up ancient meadow. See Woodfall, L. & T., and Aggs on Agricultural Holdings. A mortgagor in possession will be restrained from cutting down timber, for as the whole estate is the security for the money advanced, the mortgagor ought not ...
Undue influence
Undue influence, Any influence, pressure, or domination in such circumstances that the person acting under that influence may be held not to have exercised his free and independent volition in regard to the act.As to gifts, see title SPIRITUALISM and Lyon v. Home, (1868) LR 6 Eq 655, and as to wills, see Parfitt v. Lawless, (1872) LR 2 P&M 462.In the case of benefits or advantages obtained in certain relationships, the existence of this influence is presumed, e.g., guardian and ward, a parent over a child upon or soon after attaining age and the possession of property, a guide or instructor, medical advisers, ministers or professors of religion, managers of business [Coomber v. Coomber, (1911) 1 Ch 174], attendants upon or advisers of aged and infirm people. In such cases, in regard to transactions inter vivos, the onus of proving absence of undue influence lies on the person claiming the benefit of the disposition or act, and in some cases, e.g., gifts by clients to their solicitors (...
Stock Exchange
Stock Exchange, a society of stockbrokers and dealers (or stockjobbers) for the conduct of the sale or purchase, on behalf of non-members, of Government securities and stocks or shares in public companies. See COMPANY. The members of the 'House' (as it is called) must be re-elected annually and pay a substantial annual subscrip-tion. In the transaction of business they are governed by certain usages, and by rules framed by the Committee of the Stock Exchange which bind their outside employers, if reasonable, but not otherwise, See Beilson v. James, (1882) 9 QBD 546 (CA), in which a custom to disregard Leeman's Act (see LEEMAN'S ACTS) was held unreasonable; Chitty on Contracts; and the works of Melsheimer and Laurence, Brodhurst, and Stutfield. Also, the place where they meet to transact business. See BROKER.Perhaps the most important of the London Stock Exchange Rules are Rules 66 and 75, by which:-66. The Stock Exchange does not recognize in its dealings any other parties than its own...
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