Taking And Retaining - Law Dictionary Search Results
Home Dictionary Name: taking and retainingTaking and retaining
Taking and retaining, the word 'taking and retaining' were used by s. 180 of the Act in an independent and exclusive sense. The former referred to taking of possession illegally and the latter to taking of possession legally but subsequent retaining of it illegally, Bhinka v. Charan Singh, AIR 1959 SC 960 (965): (1959) Supp 2 SCR 798. [U.P. Tenancy Act (17 of 1939), s. 180]...
Retainer
Retainer. (1) The contract between client and solicitor or between solicitor and counsel for professional services: the contract that such services shall not be given to the opposite party; (2) a document given by a solicitor to counsel, engaging the person who receives it to appear for a party, either in some particular suit or action in prospect (which is called a special retainer, or in all matters of litigation in which such party may at any time be involved; this is called a general retainer. Subject to rr. 20 and 21 of the Retainer Rules, a special retainer is binding if duly tendered, whether accepted or not, but there is no rule of the profession which makes a general retainer binding on a counsel unless it is accepted by him.Rules 20 and 21 are shortly as follows.By rule 20 counsel who has drawn pleadings or advised, or accepted a brief, during the progress of an action on behalf of any party must not accept a retainer or brief from any other party without giving the party or ...
Retainer of debts
Retainer of debts. An executor or administrator (not being a creditor-administrator, who is now precluded from retaining by the form of the administration bond) has a legal right to retain his own debt out of the legal or equitable [(English) Administration of Estates Act, 1925, s. 34 (2)] assets in priority to all other creditors of equal degree, and before the costs of all parties, including the plaintiff (see EXECUTOR). The right is not affected by a judgment for administration [Re Barrett, (1889) 43 Ch D 70], nor by payment in to Court, Richmond v. White, (1879) 12 Ch D 361; but it cannot be exercised by a bankrupt administrator, Wilson v. Wilson, (1911) 1 KB 327. Since the (English) Administration of Estates Act, 1869, the right may be exercised against specialty as well as simple contract creditors [Re Hariss, (1914) 2 Ch 395]. Consult Williams or Ingpen on Executors; Seton on Judgments, 7th Edn., p. 1466....
nonconformity
nonconformity pl: -ties 1 : failure to conform to or comply with something (as contract requirements) [acceptance of goods occurs when the buyer…will take or retain them in spite of their "Uniform Commercial Code"] 2 : a particular aspect in which something is nonconforming [cannot revoke an acceptance he made with knowledge of a "J. J. White and R. S. Summers"] ...
Impound
Impound, to place a suspected document in the custody of the law, when it is produced at a trial. As to custody of documents impounded by the Court, see R.S.C. Ord. XLII., r. 334.Means (1) To place (something such as a car or other personal property) in the custody of the police or the court, often with the understanding that it will be retuned intact at the end of the proceeding.(2) To take and retain possession of (something, such as a forged document to be produced as evidence) in preparation for a criminal prosecution, Black's Law Dictionary, 7th Edn., p. 760....
retain
retain 1 : to keep in possession or use 2 : to keep in one's pay or service ;specif : to employ (as a lawyer) by paying a retainer ...
retainer
retainer [Anglo-French retener act of engaging or employing, from retener retenir to engage, retain] 1 : the act of a client by which the services of a lawyer are engaged 2 : a fee paid to a lawyer for advice or services or for a claim on services when needed ...
To possess or to retain
To possess or to retain, means to possess or to retain in physical form and the words 'possession' or 'retention' shall be construed accordingly. [Foreign Exchange Management (Possession and Retention of Foreign Currency) Regulations, 2000, Reg. 2 (ii)]To provide for regulating or prohibiting production supply and distribution, the power to 'provide for regulating or prohibiting production, supply and distribution' conferred by the Essential Supplies (Temporary Powers) Act, 1946 on the Central Government included the power to regulate or prohibit by issuing directions to a particular producer or dealer or by requiring any specific act to be done or forborne in regard to production, Santosh Kumar Jain v. State, AIR 1951 SC 201: (1951) SCR 303....
retained earnings
retained earnings : earned surplus at surplus ...
retainer agreement
retainer agreement A contract between the client and attorney sets forth the nature of services to be performed, costs, expenses, and related matters. Source: FindLaw ...
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