Sec 921 - Law Dictionary Search Results
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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 ...
Life insurance
Life insurance, life insurance in a broader sense comprises any contract in which one party agrees to pay a given sum upon happening of a particular event contingent upon the duration of human life, in consideration of the immediate payment of a smaller sum or certain equivalent periodical payments by another party, Chandulal Harjivandas v. CIT, AIR 1967 SC 816 (818): (1967) 1 SCR 921. (Contract Act, 1872, s. 31)...
Stolen property
Stolen property, there can be no offence of dishonestly receiving stolen property unless the property which is alleged to be the subject of such receiving, answers the description of 'stolen property' given in s. 410, Penal Code. Only such property possession whereof has been transferred by theft, or extortion or criminal misappropriation or other offences allied to them as mentioned in s. 410, falls within the definition of 'stolen property', Chandmal v. State of Rajasthan, AIR 1976 SC 917 (921): (1976) 1 SCC 621. (Penal Code, 1860, ss. 411, 410)...
Retrospective
Retrospective, 'retrospective' in relation to statutes etc. means 'operative with regard to past time'. The change effected does not say that it shall be operative with effect from any earlier date, Punjab University v. Subash Chander, AIR 1984 SC 1415: (1984) 3 SCC 603: (1984) 3 SCR 822.It is settled law that the Constitution has no retrospective operation. The petitioners cannot complain of the breach of Arts. 14 and 16 of the Constitution in respect of acts done before the Constitution came into force, Rabindra Nath Bose v. Union of India, AIR 1970 SC 470: (1970) 1 SCC 84: (1970) 2 SCR 697.Retrospective, is somewhat ambiguous and that good deal of confusion has been caused by the fact that it is used in more senses than one. In general, however, the courts regard as retrospective any statute which operates on cases or facts coming into existence before its commencement in the sense that if affects, even if for the future only, the character or consequence of transactions previously ...
Building bye-law
Building bye-law, means bye-laws made under section 481 of the Delhi Municipal Corporation Act, 1957 or the bye-laws made under section 188, sub-section (3) of section 189 and sub-section (1) of section 190 of Punjab Municipal Act, 1911, as in force in New Delhi or the regulations made under sub-section (1) of section 57 of the Delhi Development Act, 1957, relating to buildings, Delhi Laws (Special Provisions) Act, 2006, sec. 2(a)....
Heard and finally decided
Heard and finally decided, the proceeding either civil or criminal shall be deemed to continue to be pending until it is heard and finally decided, that is to say, in a case where an appeal or revision is competent, until the appeal or revision is heard and finally decided or, where no appeal or revision is preferred, until the period of limitation prescribed for such appeal or revision has expired, Rama Dayal Markarha v. State of Madhya Pradesh, AIR 1978 SC 921: (1978) 2 SCC 630: (1978) 3 SCR 497.The expression 'heard and finally decided' in s. 11,CPC,1908 means a matter on which the court has exercised its judicial mind and has after argument and consideration come to a decision on a contested matter. It is essential that it should have been heard and finally decided, Pandurang Ramchandra Mandlik v. Shantabai Ramchandra Ghatge, AIR 1989 SC 2240 (2249): (1989) Supp 2SCR 1....
Failure of justice
Failure of justice, Quite often the submission in a criminal Court is accentuated with the said expression. Perhaps it is too pliable or facile an expression which could be fitted in any situation of a case. The expression 'failure of justice' would appear, sometimes, as an etymological chameleon. The criminal Court, particularly the superior Court should make a close examination to ascertain whether there was really a failure of justice or whether it is only a camouflage, Shamnsaheb M Multtani v. State of Karnataka, (2001) 2 SCC 577: AIR 2001 SC 921 (925).See also State v. T. Venkatesh Murthy, (2004) 7 SCC 763.Would appear, sometimes, as an etymological chameleon, Town Investment Ltd. v. Deptt. of Environment, (1977) 1 All ER 813: 1978 AC 359: (1977) 2 WLR 450.Is too pliable or facile an expression, which could be fitted in any situation of a case, State v. T. Venkatesh Murthy, (2004) 7 SCC 763....
Ballot
Ballot [fr. balla, Ital.; balle, Fr.], a little ball or ticket used in giving votes.Means a small ball or ticket used for indicating a vote; the system of choosing persons for office by marking a paper or by drawing papers with names on them from a receptacle; the formal record of a person's vote, Black Law Dictionary, 7th Edn., p. 138.Means a system of voting involving secret votes, Monsanto PLC v. TGWU, (1987) 1 All ER 358; Post Office v. UCW, (1990) 3 All ER 199.Means small ball, ticket or paper used in secret voting, Oxford Concise Dictionary, p. 89.Means a ticket, paper, etc., by which a vote is registered, Webster Dictionary of Law, p. 113.Means drawing of lots used in Parliament to determine the precedence among members desiring a share of Parliamentary time available for certain kinds of business, Parliamentary Dictionary, L.A. Abraham and S.C. Hawtrey, (1956), p. 21.Ballot, in House of Commons ballots are held to allot the limited available in Parliament to private members, Pa...
good
good bet·ter best 1 : commercially sound or reliable [a risk] 2 a : valid or effectual under the law b : free of defects 3 a : characterized by honesty and fairness b : conforming to a standard of virtue [shall hold their offices during behavior "U.S. Constitution art. III"] ;also : characterized by or relating to good behavior n 1 : advancement of prosperity and well-being [for the of the community] 2 : an item of tangible movable personal property having value but usually excluding money, securities, and negotiable instruments usually used in pl. : as a pl : all things under section 2-105 of the Uniform Commercial Code that are movable at the time of identification to the contract for sale other than the money that is to be paid, investment securities, and choses in action b pl : all things under section 9-104 of the Uniform Commercial Code that are movable at the time that a security interest in them attaches or that are fixtures but excluding money, documents,...
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