Super Institution - Law Dictionary Search Results
Home Dictionary Name: super institutionSuper-institution
Super-institution, the institution of one in an office to which another has been previously instituted; as where A. is admitted and instituted to a benefice upon one title, and B. is admitted and instituted on the title or presentment of another, 2 Cro. 463.A church being full by institution, if a second institution is granted to the same church this is a super-institution; concerning which two things have been resolved:-(1) That the super-institution, as such, is properly triable in the spiritual Court; (2) that it is not triable there, in case induction has been given upon the first institution.The advantage of a super-institution is, that is enables the party who obtains it to try his title by ejectment, without putting him to his quare impedit; but many inconveniences thence following (e.g., the uncertainty to whom tithes shall be paid, and the like), this method has been discouraged, Mirehouse on Advowsons, 189....
Super falso et certo fingitur, super incerto et vero jure sumitur
Super falso et certo fingitur, super incerto et vero jure sumitur, a fiction assumes that the thing feigned is certainly untrue: a presumption of law assumes that what is presumed is not certain to be true. No one ever believed that a fiction (e.g. that a contract in fact made on the high seas was made at the Royal Exchange, or that the plaintiff in the Court of Exchequer was an accountant of the Crown) was true. That is why its truth was not permitted to be denied. On the other hand, it is probably true that, e.g., a child under 8 is doli incapax and for that reason it is conclusively presumed to be true....
Super-jurare
Super-jurare, a term anciently used when a criminal endeavoured to excuse himself by his own oath, or the oath of one or two witnesses, and the crime objected against him was so plain and notorious that he was convicted on the oaths of many more witnesses; this was called super-jurare, Jac. Law. Dict....
Super-tax
Super-tax. This term was first employed in the (English) Income Tax Act, 1918 (8 & 9 Geo. 5, c. 40), s. 4, to denote an additional duty of income tax which was then levied upon incomes of over 2,500l., altered to 2,000l. by 10 & 11 Geo. 5, c. 18, per annum. The duty was at the rate prescribed by Parliament in any year.By the (English) Finance Act, 1927 (17 & 18 Geo. 5, c. 10), s. 38, super tax has ceased to become charge-able; instead, income tax is charged at a standard rte and persons whose income exceeds a stated amount pay at a higher rate in respect of the excess. The higher tax on the excess is treated as a deferred instalment of income tax and is called SUR-TAX. See ss. 38 and 40 (ibid.)....
Institutions
Institutions. It was the object of Justinian to comprise in his Code and Digest, or Pandects, a complete body of law. But these works were not adapted to the purposes of elementary instruction, and the writings of the ancient jurists were no longer allowed to have any authority, except so far as they had been incorporated in the digest, Smith's Dict. of Antiq. It was therefore necessary to prepare an elementary treatise, and the Institutes were published a month before the Pandects, A.D. 533, and designed as an elementary introduction to legal study (legum cunabula). The work was divided into four books, subdivided into titles.The Institutes are the elements of the Roman Law, and were composed at the command of the Emperor Justinian, by Trebonian, Dorotheus, and The ophilus, who took them from the writings of the ancient lawyers, and chiefly from those of Gaius especially from his Institutes and his books called Aureorum (i.e., of important matters).The Institutes are divided into four...
Financial Institution
Financial Institution, means a banking company to which the Banking Regulation Act, 1949 (10 of 1949) applies (including any bank or banking institution referred to in s. 51 of that Act); or any other financial institution which the Central Government may, by notification in the Official Gazette, specify in this behalf. [Income Tax Act, 1961 (43 of 1961), s. 80E(3)(b)]Means:(i) a public financial institution within the meaning of s. 4A of the Companies Act, 1956;(ii) such other institution as the Central Government may, having regard to its business activity and the area of its operation in India by notification, specify. [Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (51 of 1993), s. 2 (h)]Financial institution means:(i) a public financial institution within the meaning of s. 4A of the Companies Act, 1956 (1 of 1956);(ii) any institution specified by the Central Govern-ment under sub-clause (ii) of clause (h) of s. 2 of the Recovery of Debts Due to Banks and Fina...
Arrest facto super bonis mercatorum alienigenorum
Arrest facto super bonis mercatorum alienigenorum, a writ against the goods of aliens found within this kingdom, in recompense of goods taken from a denizen in a foreign country after denial of restitution, Reg. Brev. 129. The ancient civilians called it clarigatio, but by the moderns it is termed reprisalia....
Articull super chartas
Articull super chartas, the 28 Edw. 1, st. 3, s. 2; Reeves, c. xi. 136....
Chartarum super fidem, mortuis testibus, ad patriam, de necessitudine, recurrendum est
Chartarum super fidem, mortuis testibus, ad patriam, de necessitudine, recurrendum est [Lat.], The witnesses being dead, it must be referred, as to the truth of charters, out of necessity, to the country-i.e. a jury....
Super altum mare
Super altum mare [Lat.] (upon the high sea)...
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