Special And General - Law Dictionary Search Results
Home Dictionary Name: special and general Page: 2Tax and fee-distinction
Tax and fee-distinction, a tax is a compulsory exaction of money by a public authority for public purposes enforceable by law and is not payment 'for services rendered'. This definition brings out the essential characteristics of a tax as dis-tinguished from other forms of imposition which, in a general sense, are included within it. The essence of taxation is compulsion, that is to say, it is imposed under statutory power without the taxpayer's consent and the payment is enforced by law. The second characteristic of tax is that it is an imposition made for public purpose without reference to any special benefit to be conferred on the payer of the tax. On the other hand A fee is generally defined to be a charge for a special service rendered to individuals by some govern-mental agency. But the traditional view that there must be actual quid pro quo has undergone a sea change with the passage of time. Correlation-ship between the levy and the services rendered/expected is one of general...
Judge Advocate, Judge Advocate-General
Judge Advocate, Judge Advocate-General. The Judge Advocate-General is an officer appointed by letters-patent under the Great Seal. He is under the orders of the Secretary of State for War to whom he acts as legal adviser. One of his functions is to review Court-martial proceedings. All general military courts-martial are attended by a judge advocate acting by deputation, either special or general, under the hand and seal of the judge advocate-general; or by a person appointed by general officers commanding the forces abroad, to execute the office of judge advocate. The duties of an officiating judge advocate at a Court-martial are to superintend the proceedings, to make a minute of the proceedings, and to advise the Court on points of law, of custom, and of form, and so far to assist the prisoner as to elicit a full statement of the facts material to the defence. The proceedings of general courts-martial held at home are trans-mitted by the officiating judge advocate to the judge advoc...
Power
Power, in respect of court the word 'power' means an authority expressly or impliedly conferred on the court by law to do that which without that sanction it could not have done, consent cannot give jurisdiction, K.E. v. Vithu, (1899) 1 Bom LR 157.Power, is an authority reserved by, or limited to, a person to dispone, either wholly or partially, of movable or immovable property, either for his own benefit or for that of others. The word is used as a technical term and is distinct from the dominion which a man has over his own estate by virtue of ownership, Stroud's Judicial Dictionary.Power, is not synonymous with jurisdiction, K.E. v. Vithu, (1899) 1 Bom LR 157.Power, may be general or implied. The general powers are such as the donee can exercise in favour of such person or persons as he pleases, including himself, Mahadeo Ramchandra v. Damodar Vishwanath, AIR 1957 Bom 218.Means any form of energy which is not generated by human or animal agency. [The Gujarat Lifts and Escalators Act...
Extraordinary General Meeting
Extraordinary General Meeting, means a special meeting of the General Body of a Sports Associa-tion other than an Annual General Meeting, Rajasthan Sports (Registration, Recognition and Regulation of Associations) Act, 2005, s. 2(j)....
special appearance
special appearance : an appearance by a party in court for the sole purpose of challenging the court's assertion of personal jurisdiction over the party compare general appearance NOTE: Under the Federal Rules of Civil Procedure and the rules of states that have adopted it, the use of a special appearance to challenge jurisdiction has been abolished, and jurisdiction may be challenged in the pleadings or in a pretrial motion. ...
Special pleas
Special pleas, pleas not in the form of what were called general issues, but which allege affirmative matter, as infancy, coverture, statute of limitations, etc., see DEFENCE.Special pleas in bar in criminal matters go to the merits of the indictment, and give a reason why the prisoner ought to be discharged from the prosecution: they are of four kinds, viz., a former acquittal, a former conviction, a former attainder, or a pardon...
general naturalization provisions
general naturalization provisions The basic requirements for naturalization that every applicant must meet, unless a member of a special class. General provisions require an applicant to be at least 18 years of age and a lawful permanent resident with five years of continuous residence in the United States, have been physically present in the country for half that period, and establish good moral character for at least that period. Source: U.S. Citizenship and Immigration Services ...
Fines in copyholds
Fines in copyholds. A fine which is preserved by 12 Car. 2, c. 24, s. 6, is a sum of money payable by custom to the lord. There are three classes of fines:- (1) those due on the change of the lord; (2) those on the change of the tenant; and (3) those for a licence to the tenant to do certain acts.When the fine is due on the change of the lord, such change must be by the act of God, and not in consequence of any act of the party. It can therefore be only claimed on the death of the lord.When it is due on the change of the tenant, it matters not whether that change is effected by the act of God, or by the tenant's own act. Whenever the tenancy is changed, a fine is payable.Those fines which are due to licenses by the lord, to empower the tenant to do certain acts, as to demise, etc., are rare. There must be a special custom to support such fine, for, by general custom, fines are due only on admissions.The admission fine is prima facie uncertain and arbitrary, or rather arbitrable, unless...
Charge-sheet
Charge-sheet, a paper kept at a police-station to receive each night the names of the persons brought and given into custody, the nature of the accusation, and the name of the accuser in each case. It is under the care of the inspector on duty. Unless the accuser is willing to sign the charge-sheet, the accused will generally not be detained.--The expression 'charge-sheet' is understood in Police Manuals of several States containing the rules and regulations to be a report by the police filed under s. 170 of the Code, described as a 'charge-sheet', Gangadhar Janardan Mhatre v. State of Maharashtra, (2004) 7 SCC 768 (774). [Criminal Procedure Code, 1973, ss. 170, 169 and 173 (2)]Military law. A four part charging instrument containing (1) information about the accused and the witness, (2) the charges and specifications, (3) the preferring of charges and their referral to a summary. Special or general court-martial for trial, and (4) for a summary court-martial, the trial record, Black's...
Medicine, adulteration of
Medicine, adulteration of. See ADULTERATION.It means modern scientific medicine in all its branches and includes surgery and obstetrics, but does not include veterinary medicine and surgery. [Indian Medical Council Act, 1956 (102 of 1956), s. 2 (f)]The definition of the word 'medicine' in s. 2(f) of the Indian Medical Council Act, 1956 is too wide to determine if it includes cardiology. It is also not necessary to go into the dictionary meaning of the expression as it is clear from the relevant Regulations that medicine and surgery are general subjects and Cardiology and Orthopaedics are their respective specialities. Where general subject such as medicine or surgery is being dealt with in a regulation, the specialist branch under it would be covered, though not vice versa, because if one wants to hold a post in the specialist branch he must of necessity have teaching experience in the specialist branch. Undisputably, one qualifying for M.D. (Medicine) has to learn the subject of Cardi...
- << Prev.
- Next >>