Special Circumstances - Law Dictionary Search Results
Home Dictionary Name: special circumstances Page: 3privileged
privileged : not subject to the usual rules or penalties because of some special circumstance ;esp : not subject to disclosure esp. in an adjudicative proceeding ...
means test
means test Section 707(b)(2) of the Bankruptcy Code applies a "means test" to determine whether an individual debtor's chapter 7 filing is presumed to be an abuse of the Bankruptcy Code requiring dismissal or conversion of the case (generally to chapter 13). Abuse is presumed if the debtor's aggregate current monthly income (see definition above) over 5 years, net of certain statutorily allowed expenses, is more than (i) $10,000, or (ii) 25% of the debtor's nonpriority unsecured debt, as long as that amount is at least $6,000. The debtor may rebut a presumption of abuse only by a showing of special circumstances that justify additional expenses or adjustments of current monthly income. Source: Administrative Office of the U.S. Courts ...
Special reasons
Special reasons, the words 'special reasons' in the context in which they are used could only means special to the accused on whom sentence is being imposed. 'Special reasons' in the context of sentencing process must be special to the accused in the case or special to the facts and the circumstances of the case in which the sentence is being awarded, Meet Singh v. State of Punjab, AIR 1980 SC 1141 (1143). [Prevention of Corruption Act (2 of 1947), s. 5(2) Proviso]...
Qualified property
Qualified property, an ownership of a special and limited kind. It may arise either from the peculiar circumstances of the subject-matter, which render it incapable of being under the absolute dominion of any proprietor, as in the case of animals fer' natur', or from the peculiar circumstances of the possessor, as in the case of a bailment. See BAILMENT and POSSESSION....
special
special 1 : distinguished by some unusual quality [ circumstances justifying an award of attorney's fees] 2 : relating to a single thing or class of things : having an individual character or trait [owed them a duty not owed to the public at large] 3 a : supplemental to the regular b : assigned or provided to meet a need not covered under established procedures 4 : designed or selected for a particular purpose, occasion, or other end [family courts are courts of limited and jurisdiction "Cleveland v. Cleveland, 559 P.2d 744 (1977)"] 5 : containing particulars and details [a pleading] spe·cial·ly adv ...
Condition of service
Condition of service, includes transfer of the employees, General Officer Commanding-in-Chief v. Subhash Chandra Yadav, (1988) 2 SCC 351: AIR 1988 SC 876. [Cantonment Board Service Rules (1937) R. 5C]The expression 'conditions of service' is an expression of wide import. As pointed by the Supreme Court in Pradyat Kumar Bose v. Hon'ble the Chief Justice of Calcutta High Court, (1955) 2 SCR 1331, the dismissal of an official is a matter which falls within 'conditions of service' of public servants. The Judicial Committee of the Privy Council in North West Frontier Province v. Suraj Narain Anand, (1948) LR 75 IA 343, took the view that a right of dismissal is a condition of service within the meaning of the words under s. 243 of the Government of India Act, 1935. Lord Thankerton speaking for the Board observed therein: 'apart from consideration whether the context indicates a special significance to the expression 'conditions of service' their Lordships are unable in the absence of any su...
per se
per se [Latin, by, of, or in itself] 1 : inherently, strictly, or by operation of statute, constitutional provision or doctrine, or case law [the transaction was illegal per se] see also negligence per se at negligence nuisance per se at nuisance 2 : without proof of special damages or reference to extrinsic circumstances [defamatory statements that were actionable per se] compare per quod adj : being such inherently, clearly, or by operation of statute, constitutional provision or doctrine, or case law [it is clear that licensing of adult entertainment establishments is not a per se violation of the First Amendment "Club Southern Burlesque, Inc. v. City of Carrollton, 457 S.E.2d 816 (1995)"] [a per se conflict of interest] ...
Exceptional
Exceptional, means as an ordinary, familiar English adjective, and not as a term of art. It describes a circumstance which is such as to form an exception, which is out of the ordinary course, or unusual, or special or uncommon, R(o) v. Crown Court at Haroow (DC), (2003) 1 WLR 2756: (2003) EWHC 868 (Admin)....
Light Railway
Light Railway. Light railways, on which engines and carriages of eight tons weight or less may be brought upon the rails by any one pair o wheels, and the speed of trains is not to exceed twenty-five miles an hour, could and still can be authorized by the Board of Trade under s. 27 of the (English) Regulation of Railways Act, 1868 (31 & 32 Vict. c. 119).These powers have been little, if at all, exercised; but the (English) Light Railways Act, 1896 (59 & 60 Vict. c. 48), established a Light Railway Commission for the purpose of authorizing light railways, with special aid from the Treasury in certain circumstances and cases. By the (English) Light Railways Act, 1912 (2 & 3 Geo. 5, c. 19), the powers of the Light Railway Commissioners were continued for five years and several amendments made in the Act of 1896. See also Part V. of the (English) Railways Act, 1921....
Limited administration
Limited administration, a special and temporary administration of certain specific effect of a testator or intestate granted under varying circumstances. See 1 Wms. Exors....
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