Taken - Law Dictionary Search Results
Home Dictionary Name: takenFees taken in Court
Fees taken in Court, the phrase 'fees taken in court' cannot mean that it described fees which were actually being taken before the Constitution came into force. If this was the meaning, no fees could be levied in the Supreme Court because the Supreme Court did not exist before the Constitution came into force and not fees were being taken therein. This would render part of the Entry of List I nugatory. 'Fees taken in court' are not taxes, for if it were so, the word 'taxes' would have been used or some other indication given, Secretary, Government of Madras, Home Department v. Zenith Lamp and Electrical Ltd., AIR 1973 SC 724 (730): (1973) 1 SCC 162: (1973) 2 SCR 973....
Taken
Taken, word 'Taken' must be understood in its proper perspective. A person cannot take the benefit unless final order of assessment is passed, Shree Hari Chemicals Export Ltd. v. Union of India, (2006) 1 SCC 396....
Things done, action taken and right accrued
Things done, action taken and right accrued, what is unaffected by the repeal of a statute is a right acquired or accrued under it and not a mere 'hope or expectation of'. It must be mentioned that the object of s. 31(2)(i) is to preserve only the things done and action taken under the repealed Ordinance, and not the rights and privileges acquired and accrued on the one side, and the corresponding obligation or liability incurred on the other side, so that if no rights acquired under the repealed ordinance was preserved, there is no question of any liability being enforced, M.S. Shivananda v. Karnataka State Road Transport Corporation, AIR 1980 SC 77 (81): (1980) 1 SCC 149: (1980) 1 SCR 684...
Cause to be taken
Cause to be taken, are of immense importance. Thus it is not necessary that the possession in every case, it is permissible to employ enforcement agency, Dharam Pal Kohli v. State Bank of India, AIR 2007 MP 68...
Confesso, bill taken pro
Confesso, bill taken pro, an order which the Court of Chancery made, when the defendant did not file an answer, that the plaintiff might take such a decree as the case made by his bill warranted. See now DEFAULT; PLEADING....
Food
Food, Pan masala, gutka are held to be food within the meaning of s. 2(v) of Prevention of Food Adulteration Act, 1954, Godawal Pan Masala Products Ltd. v. Union of India, (2004) 7 SCC 68 (101): AIR 2004 SC 4057.Food. In the Sale of Food and Drugs Act (see ADULTERATION) the word includes 'every article used for food or drink by man, other than drugs or water and any article which ordinarily enters into or is used in the composition or preparation of human food,' and also 'flavouring matters and condiments.'-(English) Sale of Food and Drugs Act, 1899 (62 & 63 Vict. c. 51), s. 26; (English) Public Health Act, 1925 (15 & 16 Geo. 5, c. 71), s. 72; and Food and Drugs (Adulteration) Act, 1928 (18 & 19 Geo. 5, c. 31), s. 34. For power to make regulations as to the importation of good, see AGRICULTURAL PRODUCE; AGRICULTURAL MARKETING; (English) Public Health (Regulations as to Food) Act, 1907 (7 Edw. 7, c. 32). See generally, ADULTERATION, also (English) Sale of Food and Drugs Act, 1927.Means ...
Oath
Oath [fr. ath, Sax.], an appeal to God to witness the truth of a statement. It is called a corporal oath, where a witness, when he swears, places his right hand on the Holy Evangelists.The Christian religion, though it prohibits swearing, excepts oaths required by legal authority (Art. Ch. of Engl. xxxix.). All who believe in a God, the avenger of falsehood, have always been admitted to give evidence, but the old rule was, that all witnesses must take an oath of some kind. Very gradually, however, the legislature has relaxed this rule, and the privilege of affirming (see AFFIRMATION) instead of taking an oath has now been universally granted by the (English) Oaths Act, 1888, by which--Every person upon objection to being sworn, and stating, as the ground of such objection, either that he has no religious belief, or that the taking of an oath is contrary to his religious belief, shall be permitted to make his solemn affirmation instead of taking an oath in all places and for all purpose...
Replevin
Replevin, a personal action to recover possession in specie of goods unlawfully taken (generally, but not exclusively, applicable to the taking of goods distrained for rent), by contesting the validity of the seizure, whereas, if the owner prefer to have damages instead, the validity may be contested by action of trespass or unlawful distress. The word means a re-delivery to the owner of the pledge or thing taken in distress. It is re-delivered to him by the registrar of the county court of the district within which it was taken, upon his undertaking and giving security to try the validity of the distress or taking, in an action of replevin to be forthwith commenced by him against the distrainer, and prosecuted with effect and without delay either in the County Court or in the High Court, and to restore it if the right be adjudged against him; after which the distrainer may keep it in distraint subject to the law of distress.It is a general rule that whoever brings replevin ought to ha...
deduction
deduction 1 : an amount allowed by tax laws to be subtracted from income in order to decrease the amount of income tax due see also Internal Revenue Code in the Important Laws section compare credit, exclusion, exemption busi·ness deduction : a deduction usually taken from gross income that is allowed for losses or expenses attributable to business activities or to activities engaged in for profit charitable deduction : a deduction allowed for a contribution to a charity usually that is qualified under the tax law (as sections 170 and 2055 of the Internal Revenue Code) de·pen·den·cy deduction : a deduction allowed to be taken in a set amount for a qualified dependent (as under sections 151 and 152 of the Internal Revenue Code) itemized deduction : a deduction for a specifically recorded item that is allowed to be taken from adjusted gross income if the total of such deductions exceeds the standard deduction marital deduction 1 : a deduction allowed under th...
Valuation
Valuation, is a process which does not end on marks being awarded by an examiner, Sanjay Singh v. U.P. Public Service Commission, (2007) 3 SCC 720.Means the act or process of valuing, Jensen v. Jensen, 458 NW 2d 391 (1990).This term is generally applied to the equivalent in money of any kind of property. Thus for the payment of estate duty, a valuation of property of all kinds has to be made. Perhaps the most important and the most difficult valuation is that of land. This has almost invariably to be undertaken whenever land is compulsorily acquired. The difficulties that surround this question were fully considered in the case of Re Lucas and Chesterfield Gas and Water Board, (1909) 1 KB 16, in which Lord Justice Moulton in the course of his judgment said (at p. 29):-'The principles upon which compensation is assessed when land is taken under compulsory powers are well-settled. The owner receives for the lands he gives up their equivalent-that is, that which they are worth to him in m...
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