Take - Page 2 - Law Dictionary

regulatory taking

regulatory taking : an appropriation or diminution of private property rights by a governmental regulation which exceeds the government's legitimate police power (as the power to enact safety regulations) and for which the owner may seek a writ of mandamus, declaratory relief, or just compensation (as by inverse condemnation) compare physical taking, zoning NOTE: In order to determine whether a regulatory taking is effected by a regulation, a court will consider the government's interest that is being furthered by the regulation, the breadth or specificity of the regulation, and the extent of the regulation's impact on the owner's property rights and expectations. The U.S. Supreme Court has held that an owner can bring an action for compensation when the taking has deprived the owner of all use of the property even temporarily. Otherwise, the owner may be entitled only to declaratory relief. ...

Taking any other step in the proceeding

Taking any other step in the proceeding, means the step must be such as would clearly manifest intention to waive benefit or arbitration agreement, Rachappa Gurudappa, Bijapur v. Gurusiddappa Nananiappa, 1989 (1) SCJ 14.The expression 'taking any other steps in the proceedings' must be given a narrow meaning and be confined to taking steps in the proceedings for resolution of the substantial dispute in the suit, Food Corporation of India v. Yadav Engineer & Contractor, AIR 1982 SC 1302 (1309): (1982) 2 SCC 499: (1983) 1 SCR 95. (Arbitration Act, 1940, s. 34)...

Taking out to a place outside India

Taking out to a place outside India, the expression 'taking out to a place outside India' would also mean a place in high seas. It is beyond the territorial waters in India. High seas would also mean a place outside India, if it is beyond the territorial waters of India. Therefore, if the goods were taken out to the high seas outside territorial waters of India, they will come within the ambit of expression 'taking out to a place outside India', Collector of Customs v. Sun Industries, 1988 Supp SCC 342(346). [Customs and Central Excise Duties Drawback Rule, 1971, s. 2(c)]...

physical taking

physical taking : a physical invasion or occupation of private property rights by a governmental action (as building a road) that exercises the right of eminent domain and for which just compensation must be given [argued that requiring the easement constituted a physical taking] compare regulatory taking ...

Take out of keeping of the lawful guardian

Take out of keeping of the lawful guardian, taking or enticing away a minor out of the keeping of a lawful guardian is an essential ingredient of the offence of kidnapping, S. Vardarajan v. State of Madras, AIR 1965 SC 942: (1965) 1 SCR 243. [Indian Penal Code, s. 361]...

Take-home pay

Take-home pay, means gross wages or salary reduced by deductions such asincome taxes, social security taxes, voluntary contributions, and union dues, the net amount to a paycheck, Black's Law Dictionary, 7th Edn., p. 1466....

Take evidence

Take evidence, denotes a capacity to call for evidence and not merely to record what is adduced by the parties, Zonal Manager, LIC of India v. City Munsif, AIR 1968 All 270....

Take delivery

Take delivery, means to receive something pur-chased or order, especially, to receive a commodity under a future contract or spot-market contract, or to receive securities recently purchased, Black's Law Dictionary, 7th Edn., p. 1466....

Take cognisance of an offence

Take cognisance of an offence, simply means that taking notice of an offence by a court, competent for the purpose in a judicial capacity with a view to the initiation of judicial proceedings against the accused in respect of that offence applying its mind to the facts constituting the offence, Nandram v. State of Rajasthan, 1979 Raj Cr C 377: 1979 Raj LW 477: 1979 WLN 373: 1979 Cr LR Raj 439....

Take cognisance

Take cognisance, means taking notice of an offence. This would include the intention of initiating judicial proceedings against the offender in respect of that offence or taking steps to see whether there is any basis for initiating judicial proceedings or for other purposes, State of West Bengal v. Mohammed Khalid, 1995 (1) SCC 684; Badri Prasad Gupta v. Kripa Shanker, AIR 1967 All 468: 1967 Cr LJ 1255: 1967 All LJ 317....

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