Surplusage - Law Dictionary Search Results
Home Dictionary Name: surplusagesurplusage
surplusage : excessive or nonessential matter ;esp : matter contained in a pleading that is unnecessary or irrelevant ...
Surplus, surplusage
Surplus, surplusage, a supernumerary part, an overplus, what remains when everything is satisfied.The word 'surplus' has the technical meaning which arises from the Insurance Act which is made applicable for purposes of valuation by s. 43 of the Life Insurance Corporation Act read with Notification No. GSR 734, dated 23-8-1958. Life Insurance Corporation of India v. S.V. Oak, AIR 1965 SC 975: (1965) 1 SCR 403.The remainder of a thing; the residue or excess, Black's Law Dictionary, 7th Edn., p. 1456...
Distribution, Statute of
Distribution, Statute of (22 & 23 Car. 2, c. 10), now only applied to intestacies prior to 1926, repealed by (English) Administration of Estates Act, 1925 (see WIDOW), explained by the Statute of Frauds, 29 Car. 2, c. 3, enacts that the surplusage of intestates' personal estate (except of femes covert, the administration and enjoyment of whose estates belonged, at Common Law, to their husbands-but see MARRIED WOMEN'S PROPERTY) shall, after the expiration of one year from the death of the intestate, be distributed in the following manner: one-third shall go to the widow of the intestate, and the residue in equal proportions to his children, or, if dead, to their representatives, that is, their lineal descendants; if there be no children or legal representative subsisting ,then a moiety shall go to the widow, and a moiety to the next of kindred in equal degree, and their representatives; if no widow, the whole shall go to the children; if neither widow nor children, the whole shall be di...
Place
Place, denotes an area within known boundary areas notified to be within two different boundaries cannot be same place, Bajaj Plastic Ltd. v. Collector Central Excise, (1987) 1 Bom LR 566: (1987) Mah LR 681.Place, is not a synonym for country and it is one of the rules of interpretation that surplusages are not used in enactments. The word 'place' definitely connotes a different meaning from the word 'country'. It means that where the product of one town is being described as the product of another town, Dharam Deo Gupta v. State, AIR 1958 All 865.Place, may be a large area; all that is necessary is that the place should be sufficiently so defined that the public is reasonably notified of its extent. There is not much distinction between a place and an area, and so long as it is clearly specified and well-defined in the order, there is no illegality in including an area as large as a district within the scope of an order. The public generally can be subjected to the inhabitation irresp...
Post entry
Post entry. When goods are weighed or measured, and the merchant has got an account thereof at the Custom House, and finds his entry already made too small, he must make a post or additional entry for the surplusage in the same manner as the first was done. As a merchant is always in time prior to the clearing of the vessel to make his post, he should take care not to over-enter. However, if this be the case, and an over-entry has been made and more paid or bonded for customs than the goods really landed amount to, the land-waiter and surveyor must signify the same upon oath, and a statement be made and subscribed by the person so over-entered, that neither he, nor any other to his knowledge, had any of the said goods over-entered on board the said ship, or anywhere landed them without payment of custom; which oath must be attested by the collector or comptroller, or their deputies, who then compute the duties and set down on the back of the certificate the several sums to be paid, McC...
Proper
Proper, it means appropriate, in the required manner, fit, suitable, apt. The mere making of a request of leave, which has not been accepted is not a proper intimation. It cannot be said that the said word is a surplusage, Mitilesh Singh v. Union of India, (2003) 3 SCC 309 (316): AIR 2003 SC 1724. [Railway Protection Force Rules, 1959, Rule 147(vi)]...
Remainder
Remainder [fr. remanentia, Lat.], that expectant portion, remnant, or residue of interest which, on the creation of a particular estate, is at the same time limited over to another, who is to enjoy it after the determination of such particular estate.After 1925 remainders can operate only as equitable interests, and in that manner they can be created in respect of personality as well as realty. The follow-ing explanation of legal remainders has been retained as relating to titles to land existing before 1926, and see (English) Law of Property Act, 1925, s. 4, as to the construction of equitable interests.A remainder may be limited in all freehold estates, but not strictly and technically in chattels real and personal, although these may be limited over after a previous limitation or a partial interest in them. It may be limited by way of use (which is, in practice, the usual method), as well as by a conveyance deriving its effect from the Common Law.In the same land there may at the sa...
Residue
Residue, the surplus of a testator's or intestate's estate after discharging all his liabilities. Unless it appear in the will that the executor was intended to have the residue, he will be deemed to be trustee for the next of kin [Executors Act, 1830 (11 Geo. 4 & 1 Wm. 4, c. 40)]; repealed and replaced by the Administration of Estates Act, 1925, s. 49; see Re Glukman, (1908) 1 Ch 552; affirmed, nom. A.G. v. Jeffereys, 1908 AC 411. The distribution of the surplusage of an intestate's estate was provided for by the Statute of Distribution (22 & 23 Car. 2, c. 10), explained by 29 Car. 2, c. 3, and 1 Jac. 2, c. 17. the distribution of the estates of persons dying after 1925 is regulated by Part IV. of the Administration of Estates Act, 1925. See LAPSE; WIDOW.Something that is left over after a part is removed or disposed of; a remainder, Black's Law Dictionary, 7th Edn., p. 1311...
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