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Sec 951 - Law Dictionary Search Results

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Appearance sec. stat

Appearance sec. stat. (i.e., Secundum statutum), which was entered at law by a plaintiff for a defaulting defendant under 12 Geo. 1, c. 29, and 2 Wm. 4, c. 39, was abolished by 15 & 16 Vict. c. 76, s. 26....


Local authority

Local authority, includes panchayatiraj institutions, municipalities, a district board, cantonment board, town planning authority or Zila Parishad or any other body or authority, by whatever name called, for the time being invested by law, for rendering essential services or, with the control and management of civil services, within a specified local area. [Disaster Management Act, 2005, s. 2(h)]It is the political subdivision functioning within the framework of constitution and enjoying certain degree of autonomy serving as administrative units for state services, Dictionary of Political Science, Joseph Dunner, 1965, p. 321.Means a municipal corporation, a municipal council, a Nagar Panchayat, an Industrial Township, a Cantonment Board, a Village Panchayat Constituted or Continued under any law for the time being in force. [Maharashtra Non-Biodegradable Garbage (Control) Act, 2006, s. 2(e)]Means a municipal corporation, Nagar Panchayat, Municipal Council, District Panchayat, Taluka Pa...


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 ...


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)....


Course of public justice

Course of public justice, particularly in the criminal sphere, was not confined to the process of adjudication and included functions of the police such as the investigation of offence and the arrest of suspected persons, that where a false allegation was made the mischief existed whether it was capable of identifying individuals or not; and that although the risk of an innocent person being subjected to wrongful arrest might be the greater in the former instance, it remained wherever the offence was descried with sufficient particularity to justify a significant police investigation, R. v. Cotter (CA), (2003) LR 951 (QB)....


Religious trust

Religious trust, 'religious trust' means any express or constructive trust created or existing for any purpose recognised by Hindu Law to be religious, pious or charitable, but shall not include a trust created according to the Sikh religion or purely for the benefit of the Sikh community and a private endowment created for the worship of a family idol in which the public are not interested, Mahant Ram Saroop Dasji v. S.P.Sahi, AIR 1959 SC 951 (954): (1959) Supp 2 SCR 583. [Bihar Hindu Religous Trusts Act, 1951, s. 2(1)]...


Tax and fee

Tax and fee, it is true that between a tax and a fee there is no generic difference. Both are compulsory exactions of money by public authorities; but whereas a tax is imposed for public purposes and is not, and need not, be supported by any considera-tion of service rendered in return, a fee is levied essentially for services rendered and as such there is an element of quid pro quo between the person who pays the fee and the public authority which imposes it, Hingir Rampur Coal Co. Ltd. v. State of Orissa, AIR 1961 SC 459 (464): (1961) 2 SCR 537.It is now well recognised that there is not generic difference between a tax in and a fee; both are compulsory exaction of money by public authority, Union of India v. R.C. Jain, AIR 1981 SC 951: (1981) 2 SCC 308: (1981) 2 SCR 854.The chief purpose of a tax is to raise funds for the support of the Government or for a public purpose, while a fee may be charged for the privilege or benefit conferred, or service rendered or to meet the expenses c...


Trust property

Trust property, the expression 'trust property' in s. 2(p) means the property appertaining to a religious trust, Mahant Ram Saroop Dasji v. S.P. Sahi, Special Officer-in-Charge of the Hindu Religious Trusts, AIR 1959 SC 951 (954): 1959 Supp (2) SCR 583....


Trustee

Trustee, is the legal owner of the property the actual owner thereof having lost title thereto by the creation of a trust. The equitable ownership in the trust property vests in the beneficiaries. The trust is thus an incidence of dual ownership in which the creator of the trust no longer figures, Baba Badri Dass v. Dharma, AIR 1982 P&H 255.Means one who, having legal title to property, holds it in trust for the benefit of another and owes a fiduciary duty to that beneficiary, Black's Law Dictionary, 7th Edn., p. 1519.Trustee, one entrusted with property for the benefit of another, called beneficiary, or cestui que trust. See also PUBLIC TRUSTEE; BREACH OF TRUST.Consult Lewin or Godefroi on Trusts.'Trustee' means any person, by whatever desig-nation known, appointed to administer a religious trust either verbally or by or under any deed or instrument or in accordance with the usage of such trust or by the District Judge or any other competent authority, and includes any person appointe...


Jurisprudes

Jurisprudes, Iyer J's own word for jurists, See Shiv Mohan Singh v. State of Delhi, AIR 1977 SC 949 (951), para 11. (Justice V.R. Krishna Iyer)...



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