Succeed - Law Dictionary Search Results
Home Dictionary Name: succeedSucceeding board
Succeeding board, means a succeeding board at which the old outgoing members are succeeded by a new set of members. Once they are appointed or elected as the case may be, and a meeting of the new Board with quorum takes place, the previous set of members ceases to be a part of the board, Bihar State Board of Homoeopathic Medicine, Patna v. State of Bihar, (1995) 6 SCC 503. (See Bihar Develop-ment of Homoeopathic System of Medicine Act, 1953, s. 5)...
Succeeded by another person
Succeeded by another person, the expression 'succeeded by another person' in s. 26(2) and s. 25(4) of the Income Tax Act, 1922 includes not only cases of succession inter vivos but also cases of succession on death, Executors of the Estate of Lt. Commr. J.K. Dubash v. Commissioner of Income Tax, AIR 1951 SC 111: (1950) SCR 969....
succeed
succeed 1 : to come next after another in office or position 2 a : to take something by succession [ed to his mother's estate] b : to acquire the rights, obligations, and charges of a decedent in property comprising an estate [the heir, who accepts, is considered as having ed to the deceased from the moment of his death "Louisiana Civil Code"] vt 1 : to follow in sequence and esp. immediately 2 : to come after as heir or successor ...
Cause of action
Cause of action, a cause of action is a bundle of facts which are required to be pleaded and proved for the purpose of obtaining relief claimed in the suit. For the aforementioned purpose, the material facts are required to be stated but not the evidence except in certain cases where the pleading relied on any misrepresentation, fraud, breach of trust, wilful default or undue influence, Liverpool & London S.P. & I Assocn. v. M.V. Sea Success, (2004) 9 SCC 512 (562). [Civil Procedure Code, 1908, O. 7, R. 11(9)]--It is only that court in whose jurisdiction the 'cause of action' did arise will have Jurisdiction to entertain an application either under section 9 or under section 11 of the Act (Arbitration and Conciliation Act, 1996); Indian Iron and Steel Company Ltd. Kolkata v. Tiwari Roadlines, Hyderabad, AIR 2006 AP 1.Means every fact which it is necessary to establish to support a right to obtain a judgment, Prem Chand Vijay Kumar v. Yashpal Singh, (2005) 4 SCC 417.Is a bundle of facts...
Primogeniture
Primogeniture, seniority, eldership, state of being first-born.The right of primogeniture obtaining in the United Kingdom was that right whereby the eldest son succeeded to all the real estate of an intestate parent. An analogous right of succession is frequently given by will, and even more frequently given and preserved by marriage or other settlement. The right was not acknowledged by the Romans; sons and daughters all shared equally the property of their parents; and in continental coun-tries exists in a modified form only, if at all. See Eyre Lloyd's 'Rights of Primogeniture and Succession.' In England the customs of gavelkind and Borough-English were almost the only exceptions to this Norman rule of inheritance.The right, which was a corner-stone of the social structure in England, has been swept away by the land legislation of 1925. See DESCENT. Hereditary dignities and titles of honour are not affected. [Cf. Law of Property Act, 1925, s. 201 (2)]Means first born and denotes the...
Succession duties
Succession duties. The (English) Succession Duty Act, 1853, amended by 22 & 23 Vict. c. 21, ss. 12-15, and by the Customs and Inland Revenue Acts, 1881, 1888, and 1889, imposed a new set of duties, varying in amount from 1 per cent. in the case of a child succeeding a parent to 10 per cent. in the case of succession to a stranger in blood, upon real or personal property to which any person succeeds on the death of another. The duty is calculated on the capitalized value for the life of the successor of the property succeeded to, in accordance with a table schedule to the Act of 1853; e.g., if a person aged fifty succeed to property worth 100l. a year, he pays succession duty upon 1242l. 19s. 6d.Succession duties are payable as a rule at the same rate as legacy duty in respect of all property liable to be administered by any Court in Great Britain and Northern Ireland--unlike legacy duty, it falls on property passing by death (succession), under disposition by deed or other instrument (...
Charges
Charges, expenses, costs. A trustee is entitled as a matter of right to his costs, charges and expenses properly incurred in relation to the trust, and they constitute a first charge on the trust property, both capital and income; see Stott v. Milne, (1884) 25 Ch D 710.Means any amount which may be demanded as a price for the rendering of some service or as price of some goods. Sree Gajanana Motor Transport Co. Ltd. v. State of Karnataka, (1977) 1 SCR 665: (1977) 1 SCC 37: AIR 1977 SC 418 (419).Includes all taxes, Shroff and Co. v. Municipal Corporation of Greater Bombay, 1989 Supp (1) SCC 347.--The term 'charges' must be read ejusdem generis taking colour from the succeeding terms- rates, duties and taxes, Nagrik Upbhokta M. Manch v. Union of India, (2002) 5 SCC 466: AIR 2002 SC 2405 (2411). [Kerosene (Restriction on Use and Fixation of Ceiling Price) Order, 1993, clause 2(d)]The word 'charges' in Rule 7(1) should be given a wider meaning as denoting the accusations or imputations aga...
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 ...
Delectus person'
Delectus person' (the choice of a person). It is an established principle of the Common Law that, as a partnership can commence only by the voluntary contract of the parties, so, when it is once formed, no third person can be afterwards introduced into the firm without the concurrence of all the partners who compose the original firm. It is not sufficient to constitute the new relation that one or more of the firm shall have assented to his introduction; for the dissent of a single partner will exclude him, since it would, in effect, otherwise amount to a right of one or more of the partners to change the nature, and terms, and obligations of the original contract, and to take away the delectus person', which is essential to the constitution of a partner-ship. So stubborn, indeed, is this rule, that even the executors and other personal representatives of a partner do not, in that capacity, succeed to the state and condition of that partner. The Roman Law is directed to the same purpos...
Existence or extent of a legal right
Existence or extent of a legal right, Ordinarily and generally, in any suit including the one under art. 131 the competition is between the legal right of the plaintiff and the defendant. But primarily, and almost invariably, the plaintiff has to establish his legal right in order to succeed in the suit. As against the claim of the plaintiff, if the legal right of the defendant is established, the suit is bound to fail. But on failure of either to establish his own legal right, the suit will still fail because the plaintiff cannot succeed unless he establishes his legal right. This proposition of law is so clear and axiomatic that the expression - 'the existence or extent of a legal right' - used in art. 131 undoubtedly is meant to bring about this result, State of Karnataka v. Union of India, (1977) 4 SCC 608: AIR 1978 SC 68: (1978) 2 SCR 1....
- << Prev.
- Next >>
Sign-up to get more results
Unlock complete result pages and premium legal research features.
Start Free Trial