Suspending Payment - Law Dictionary Search Results
Home Dictionary Name: suspending paymentSuspending payment
Suspending payment, is a well-known commercial expression; and a merchant suspends payment when he ceases to discharge his mercantile obligations in due course. In ordinary parlance, the terms 'insolvent' and 'suspending payment' have practically the same meaning, Chemsey v. Gill & Co., 7 Bom LR 154....
Act of Bankruptcy
Act of Bankruptcy, an act, the commission of which by a debtor renders him liable to be adjudged a bankrupt if the petition is presented within three months thereafter.Under s. 1 of the (English) Bankruptcy Act, 1914 (4 & 5 Geo. 5, c. 59), any one of the following acts of a debtor is an act of bankruptcy:-(a) Having made an assignment of his property in trust for his creditors generally.(b) Having made a fradulent conveyance, gift, delivery, or transfer of his property, or of any part thereof.(c) Having made a conveyance amounting to a 'fradulent preference.'(d) Having, with intent to defeat or delay his creditors, departed out of England, or being out of England, remained out of England; or having absented himself; or begun to keep house.(e) If execution against him has been levied by seizure of his goods under process in any Court or in any civil proceeding in the High Court, and the goods have been either sold or held by the sheriff for 21 days:Provided that where an interpleader su...
suspend
suspend 1 : to debar temporarily from a privilege, office, or function 2 a : to stop temporarily [ trading] b : to make temporarily ineffective [ a license] c : stay [ a hearing] d : to defer until a later time see also suspended sentence at sentence ...
Suspend
Suspend, is to debar, usually for a time, from the exercise of a function, to interdict, to stay. It means temporarily staying the execution of the order or of a function, Sajja v. Habib Rather, (1979) Cal LR (J&K) 28.Suspend, to forbid an attorney or solicitor or ecclesiastical person from practising for an interval of time.1. To interrupt; postpone; defer 2. To temporarily keep a person from performing a function, occupying an office, holding a job or exercising a right or privilege, Black's Law Dictionary, 7th Edn., p. 1460....
Payment
Payment, is the act of paying, K.S. Bawa v. Director of Enforcement, (1990) Cr LJ 1068.The payment of money before the day appointed is in law payment at the day; for it cannot, in presumption of law, be any prejudice to him to whom the payment is made to have his money before the time; and it appears by the party's receipt of it, that it is for his own advantage to receive it then, otherwise he would not do it, 5 Rep. 117. See the notes to Cumber v. Wane, (1719) in 1 Smith's L.C.Payment is a recompense for service rendered, Bala Subrahmanya Rajaram v. B.C. Patil, AIR 1958 SC 518 (519): (1958) SCR 1504.(ii) 'Payment' implies gift of money by someone to another. A partition in a H.U.F. can be considered either as 'disposition' or 'conveyance' or 'assign-ment' or 'settlement' or 'delivery' or 'payment' or 'alienation' within the meaning of those words in s. 2 (xxiv) of Gift Tax Act, 1958; Commissioner of Gift Tax v. N.S. Getty Chettiar, AIR 1971 SC 2410: (1972) 1 SCR 736: (1971) 2 SCC 74...
suspended sentence
suspended sentence see sentence ...
Self suspended
Suspended by ones self or by itself balanced...
Payment of Money into Court
Payment of Money into Court, i.e., the deposit of money with the official of or banker to the Court for the purpose of proceedings commenced in that Court. Payment into Court is not strictly a defence; it is rather an attempt at a compromise. No such plea was known to the Common Law; it is entirely the creature of Statute (Odgers on Pleading). By the (English) C.L.P. Act, 1852, s. 70, the defendant in all actions (except for assault and battery false imprisonment, libel, slander, malicious arrest or prosecution or seduction) might pay into Court a sum of money by way of compensation or amends, and by the Libel Act, 1843, money might be paid into Court in actions of libel, but this provision was repealed by the (English) Statute Law Revision Act, 1879.Payment into court is now regulated by (English) R.S.C. 1883, Ord. XXII, by which, where any action is brought to recover a debt or damages, any defendant may, before or at the time of delivering his defence, or by leave of the Court or a ...
Appropriation of payments
Appropriation of payments, the application to one of several debts of a sum of money paid by a debtor on a general account. The general rule as to appropriation of payments is this: The debtor may in the first instance appropriate the payment, solvitur in modum solventis; if he omit to do so, the creditor may make the appropriation, recipitur in modum recipientis; if neither debtor nor creditor make any appropriation, the law appropriates the payment upon equitable principles and prima facie to the earlier debt, Mills v. Fowkes, (1839) 5 Bing NC 461; Clayton's Case, (1816) 1 Mer 605; The Mecca, 1897, AC 286. A creditor can appropriate a general payment to a statute-barred debt, but he cannot appropriate such a payment made before judgment, after a judgment deciding that such a debt is statute barred, Smith v. Betty, 1903 (2) KB 317. See CLAYTON'S CASE....
Payment, out of
Payment, out of, the words 'payment out of' in its first meaning connotes actual payment, e.g., by taking the money out of the drawer or drawing a cheque on of bank. When used in connection with the word 'fund' in its second meaning they connote that, for the purposes of the account in which the fund finds place, the payment is debits to that fund, an operation which, of course, has no relation to the actual method of payment or the particular cash resources out of which the payment is made, R.K. Dalmia v. Delhi Administration, AIR 1962 SC 1821 (1834): (1963) 1 SCR 253....
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