Special Commissioner - Law Dictionary Search Results
Home Dictionary Name: special commissioner Page: 2Fee
Fee [fr. feoh, Sax.; fee, Dan., cattle; feudum, Med. Lat.; feu, Scot.], property peculiar; reward or recom-pense for services. See FEES. Also an estate of inheritance divided into there species: (1) fee-simple absolute; (2) qualified or conditional or base fee, including (3) fee-tail, formerly fee-conditional. By the (English) Law of Properties Act, 1925, s. 1, a fee-simple absolute in possession and a term of years absolute are the only estates in land capable of being conveyed or created at law. All other estates in land take effect as equitable interests [ibid., s. 1 (4)]. See FEE-SIMPLE.A charge for labour or services esp. professional services; Black's Law Dictionary, 7th Edn., p. 629.A 'fee' is generally defined to be a charge for a special service rendered to individuals by some governmental agency. The distinction between a tax and a fee lies primarily in the fact that a tax is levied as a part of a common burden, while a fee is a payment for a special benefit or privilege, Com...
Royal Assent
Royal Assent. The act by which the Crown agrees to a bill which has already passed both Houses is called 'The Royal Assent,' which may be given by the sovereign in person in the House of Lords, the Commons standing at the bar; or by the Commissioners appointed by the Crown, under the Declaratory Act (33 Hen. 8, c. 21), for that special purpose and for the single occasion. The forms observed in both cases do not vary, and are as follows: The Lords being assembled in their own House, the Sovereign or the Commissioners seated, and the Commons at the bar, the titles of the several bills which have passed both Houses are read, and the king's or queen's answer is declared by the Clerk of the Parliaments in Norman-French. To a bill of supply, the assent is given in the following words: 'Le roy (or, la reyne) remercie ses loyaux sujets, accepte leur benevolence et ainsi le veult.' To a privte bill it is thus declared: 'Soit fait comme il est desire.' And to public general bills it is given in ...
Specially denatured spirit
Specially denatured spirit, Rule 1(iii) provides that specially denatured spirit means rendered unfit for human consumption in such manner as may be prescribed by the Emise Commissioner by notification in this behalf and does not include ordinary denatured spirit for general use, State of Uttar Pradesh v. Synthetics and Chemicals Ltd., AIR 1980 SC 614 (616): (1980) 2 SCC 441. [U.P. Excise Act, 1910 (4 of 1910)]...
Collector
Collector, means the chief officer in charge of the revenue-administration of a district and includes any officer whom the State Government, by notification in the Official Gazette may, by name or in virtue of his office, appoint to be a Collector in any local area or with respect to any class of persons, for all or any of the purposes of this Act. [Guardians and Wards Act, 1890 (8 of 1890), s. 4 (6)]Means the Collector having jurisdiction over the area in which the accident occurs. [Public Liability Insurance Act, 1991 (6 of 1991), s. 2 (b)]The expression means the Collector of a district, and includes a Deputy Commissioner and any officer specially appointed by the [appropriate Government] to perform the functions of a Collector under this Act. [Land Acquisition Act, 1894 (10 of 1894), s. 3 (c)]Collector,--(a) means, within the limits of the towns of Calcutta, Madras and Bombay, the Collector of Calcutta, madras and Bombay, respectively, and, without those limits, the Collector of a ...
Firm
Firm, a firm is not a legal entity. It is only a collective or compendious name for all the partners. In other words, a firm does not have any existence away from its partners. A decree in favour of or against a firm in the name of the firm has the same effect as a decree in favour of or against the partners. While the firm is incurring a liability it can be assumed that all the partners were incurring that liability and so the partners remain liable jointly and severally for all the acts of the firm. This principle cannot be stretched and extended to such situations in which the firm is deemed to be a person and hence a legal entity for certain purpose, Dena Bank v. Bhikhabhai Prabhudas Parekh, (2000) 5 SCC 694: AIR 2000 SC 3654 (3660).The name of style under which any business is established. 'Partners who have entered in partnership with one another are' for the purposes of the Partnership Act (see PARTNERSHIP) called collectively a firm, and the name under which their business is c...
Cess
Cess [fr. asseoir, Fr., to fix), an assessment or tax. In Ireland it was anciently applied to a exaction of victuals, at a certain rate, for soldiers in garrison, and in modern times is equivalent to the English 'Rate.'Means the cess levied under s. 3. [Research and Development Cess Act, 1986 (32 of 1986), s. 2 (b)]The word 'cess' is used in Ireland and is still in use in India although the word rate has replaced it in England. It means a tax and is generally used when the levy is for some special administrative expense what the name (health cess, education cess, road cess etc.) indicates. When levied as an increment to an existing tax, the name matters not for the validity of the cess must be judged of in the same way as the validity of the tax to which it is an increment, Guruswamy and Co. v. State of Mysore, (1967) 1 SCR 548: AIR 1967 SC 1512. Also see, India Cement Ltd. v. State of T.N., (1990) 1 SCC 12: AIR 1990 SC 85.It means a tax and is generally used when the levy is for some ...
Generalia Specialibus non derogant
Generalia Specialibus non derogant [Lat.], General things do not derogate from special, Patna Improvement Trust v. Lakshmi Devi, AIR 1963 SC 1077 (1081, 1082)Generalia specialibus non derogant. (General words do not derogate from special) Jenk. Cent. 123, cited in Earl of Derby v. Bury Improvement Commissioners, (1869) LR 4 Exch 226....
Use of dictionaries
Use of dictionaries, the ordinary dictionary mean-ing cannot be discarded simply because it is given in a dictionary. To do that would be to destroy the literal rule of interpretation. This is a basic rule relying upon the ordinary dictionary meaning which, in the absence of some overriding or special reasons to justify a departure, must prevail, Commissioner of Wealth Tax v. Officer-in-Charge, AIR 1977 SC 113 (177): (1976) 3 SCC 864: (1977) 1 SCR 146....
Reception order
Reception order. No person, not being a a rate-aided poor person or a person of unsound mind so found by inquisition, can be received or detained as a per-son of unsound mind except under the authority of (1) a reception order, or (2) an urgency order (q.v.), or (3) a summary reception order (q.v.) [(English) Lunacy Act, 1890, ss. 1, 9, 13]. Ss. 21 and 22 provide exceptions in the case of emergency, etc., and of friends and relatives taking charge. A reception order can only be made by a judicial authority, i.e., a justice of the peace specially appointed, a county court judge, a stipendiary magistrate, or by two commissioners in lunacy (ibid., ss. 1, 9, 10 and 23). It is only effective for one year unless extended [(English) Lunacy Act, 1891, s. 7), and by s. 36 (3) of the Act, 1890, it ceases to be of any force unless the patient has been received thereunder before the expiration of seven days from its date. As to the reception of feebleminded and mentally defective persons, see the ...
Ordinarily
Ordinarily, may means 'normally', State of Andhra Pradesh v. V. Sharma Rao, AIR 2007 SC 137; Kailash Chandra v. Union of India, (1962) 1 SCR 374: AIR 1961 SC 1346; Krishan Gopal v. Shri Prakash Chandra, (1974) 1 SCC 128.Means 'normally', 'usually', 'in the ordinary course' etc., Y.K. Bammi v. Jawahar Lal Nehru University, AIR 1993 Del 239.Means in the large majority of cases but not invariably, Kailash Chandra v. Union of India, AIR 1961 SC 1346 (1349): (1962) 1 SCR 374. [Indian Railway Establishment Code, Rule 2046 (2)(a)]The word 'ordinarily' necessarily implies the exclusion of 'extraordinary' or 'special' circum-stances, Eicher Tractors Ltd. v. Commissioner of Customs, (2001) 1 SCC 315: AIR 2001 SC 196 (198). [Customs Act, 1962, s. 14(1)]Means in the large majority of cases but not invariably, Kailash Chandra v. Union of India, (1962) 1 SCR 374: AIR 1961 SC 1346.The word 'ordinarily' may mean 'normally'. But, the said expression must be understood in the content in which it has bee...
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