Section 340 - Law Dictionary Search Results
Home Dictionary Name: section 340 Page: 4 Page 4 of about 698 results (0.002 seconds)Costs
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 ...
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...
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...
Quando duo jura in una persona concurrunt, equum est ac si essent diversis
Quando duo jura in una persona concurrunt, equum est ac si essent diversis (2 Preston Abs. 340), when two rights concur in one person it is the same as if they were in different persons....
Outgoing
Outgoing. 1. Payments which have to be made out of the gross returns of a property or business before its net proceeds can reach the owner, as a drainage rate on land, or the salaries of clerks in the management of a business.2. A most comprehensive general expression in a lessee's covenant to pay taxes and other charges, which no prudent lessee should accept; as to the meaning of the word, see Stockdale v. Ascerberg, (1904) 1 KB 447; Greaves v. Whitmarsh, (1906) 2 KB 340; also Henman v. Berliner, (1918) 2 KB 236,where the Court found ground for restricting the full meaning of the term. As to head landlord's indemnity, Dependable Upholstery Ltd. v. Brasted, (1932)1 KB 291. Under the Agricultural Holdings Act, 1923, s. 16 (making up a road, etc.), Lowther v. Clifford, (1927) 1KB 130 (yearly tenant)....
Promote
Promote, means 'to advance to a higher position, grade, or honour', State of Rajasthan v. Fateh Chand Soni, (1996) 1 SCC 562: 1996 SCC (L&S) 340.Means to contribute to growth, enlargement; to forward; to further; to encourage; to advance, Birendra Singh v. State of Bihar, 1989 (2) Crimes 418 (Pat)...
Promotion
Promotion, as understood in ordinary parlance and also as a term frequently used in cases involving service laws means that a person already holding a position would have a promotion if he is appointed to another post which satisfies either of the two conditions namely that the new post is in a higher category of the same service or that the new post carries higher grade in the same service or class, Dr. Meera Massey v. Dr. S.R. Mehrotra, (1998) 3 SCC 88.Means advancement or preferment in honour, dignity, rank or grade. Promotion thus not only covers advancement to higher position or rank but also implies advancement to a higher grade, State of Rajasthan v. Fateh Chand Soni, (1996) 1 SCC 562: 1996 SCC (L&S) 340.Promotion as understood under the service law jurisprudence means advancement in rank, grade or both. Promotion is always a step towards advancement to a higher position, grade or honour. Opting to come to a lower pay scale or to a lower post cannot be considered a promotion, it...
Prostitute
Prostitute, 'prostitute' means a female who offers her body for promiscuous sexual intercourse for hire, whether in money or in kind. State of U.P. v Kaushailiya, AIR 1964 SC 416: (1964) 4 SCR 1002.A woman who indiscriminately consorts with men for hire. Solicitation by prostitutes is punishable in towns by the (English) Town Police Clauses Act, 1847, s. 28 (in cases where the town is subject to a special Act incorporating that Act); in London by the Metropolitan Police Act, 1839, s. 54, and generally by the Vagrancy Act, 1824.A licensed retailer of intoxicating liquor permitting his premises to be the habitual resort of reputed prostitutes, whether their object be prostitution or not, is, if he allows them to remain longer than is necessary for the purpose of obtaining reasonable refreshment, liable to a penalty under the Licensing Act, 1910, s. 76.A man who lives on the earnings of prostitution may be dealt with as a 'rogue and a vagabond' by the (English) Vagrancy Act, 1898, amended...
Weapon
Weapon, All specified articles, including knives, are to be regarded as 'weapon' capable of being used as 'weapons of offence' fall within the class of object which may be prohibited, Emperor v. Abdul Latif, AIR 1947 Bom 438: (1947) 49 Bom LR 340.Includes ammunition, bows and arrows, explosives, firearms, hooks, knives, nets, poison, snares and traps and any instrument or apparatus capable of anaesthetizing, decoying, destroying, injuring or killing an animal. [Wild Life (Protection) Act, 1972 (53 of 1972), s. 2(35)...
Retrenchment
Retrenchment, in its ordinary connotation is discharge of labour as surplus though the business or work itself is continued, S.M. Nilajkar v. Telecom District Manager, (2003) 4 SCC 27.Means the termination by the employer of the service of a workman for any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action but does not include--(a) voluntary retirement of the workman; or(b) retirement of the workman on reaching the age of superannuation if the contract of employment between the employer and the workman concerned contains a stipulation in that behalf; or(bb) termination of the service of the workman as a result of the non-renewal of the contract of employment between the employer and the workman concerned on its expiry or of such contract being terminated under a stipulation in that behalf contained therein; or(c) termination of the service of a workman on the ground of continued ill-health. [Industrial Disputes Act, 1947 (14 of 1947), s. 2 (oo)]T...
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