Terms And Advantages - Law Dictionary Search Results
Home Dictionary Name: terms and advantagesTerms and advantages
Terms and advantages, are not synonymous. The 'terms' of an agreement are not equivalent to the 'advantages' which a party might receive under it. In fact, that advantage follows the terms of the agreement, East Asiatic Co. (India) Ltd., Bombay v. Raghunath Tricumdas, AIR 1953 Sau 122....
Attendant term
Attendant term. Terms for years in real property are created for many purposes, e.g., to furnish money for the payment of debts, to secure rent charges or jointures, to raise portions for younger children, daughters, etc. Now, although the purpose for which the term was originally created has been satisfied or has failed, yet, not being surrendered, it continued to exit, the legal interest remaining in the trustees, to whom it was at its creation limited, or, if deceased, in their personal representatives; but the person entitled to the inheritance then became, according to equitable principle, entitled to the beneficial interest in such term, and the term or was held to be such person's trustee. This beneficial interest was subordinate to and merely attendant upon the higher estate possessed by the owner of the inheritance, and yet completely consolidated with it, following the inheritance in all the various modifications and changes to which it might be subjected by act of law or arr...
Undue advantage
Undue advantage, means 'unfair advantage', Mayadhar Paramanik v. State, (1971) Cut LT 582; Prakash Chand v. State of H.P., (2004) 11 SCC 381. (Penal Code, 1860, s. 300 Excep. 4)The expression 'undue advantage' as used in the provision means 'unfair advantage', Ghapoo Yadav v. State of Madhya Pradesh, AIR 2003 SC 1620 (1622): (2003) 3 SCC 528. [Penal Code (45 of 1860), s. 300, Expl. 4]The expression undue advantage means 'unfair advantage', Naveen Chandra v. State of Uttranchal, AIR 2007 SC 363....
Pecuniary advantage
Pecuniary advantage, from whatever source are to be interpretend to mean any form of death under this Act, it would dilute all possible benefits conferred on the claimant and would be contrary to the spirit of the law, Helen C. Rebello v. Maharashtra S.R.T.C., (1999) 1 SCC 90.The words 'pecuniary advantage' are of wide amplitude but even so in the context of s. 5(1)(d) of Prevention of Corruption Act, 1947, obtaining goods on credit cannot be held to amount to obtaining pecuniary advantage. If there is an agreement between the officer and the trader that the officer is not expected to pay for the goods then there is no doubt that this would amount to obtaining pecuniary advantage, but if there is no such agreement and the officer does not pay it cannot be said that he has obtained any pecuniary advantage, Delhi Administration v. S.N. Khosla, AIR 1971 SC 1480 (1481): (1971) 1 SCC 872: (1971) 3 SCR 315. [P.C. Act, 1947, s. 5(1)(d)]...
Collateral advantage
Collateral advantage, is a provision giving the mortgagee a benefit over and above the repayment of the advance, with interest. To be invalid, such a benefit must form part of the mortgage transaction; if the advantage arises out of a separate arrangement then it may be enforced even after redemption. Whether a provision giving rise to the collateral advantage is part of mortgage transaction, or is separate from it, is a question of substance rather than form, Kreglinger v. New Patagonia Meat and Cold storage Co. Ltd., (1914) AC 25 HL....
Unfair advantage
Unfair advantage, is used as meaning an advantage obtained by unrighteous means, Ganesh v. Vishnu, 32 Bom 37....
Unfair advantage or hardship
Unfair advantage or hardship, mere inadequacy of consideration or the mere fact that the contract is onerous to the defendant or improvident in its nature will not constitute 'unfair advantage or hardship' Surjeet Singh v. Kartar Singh, AIR 1988 P&H 53 (60)....
Terms
Terms, the periods during which the superior courts at Westminster were open.The legal year consists of four terms: Michaelmas, Hilary, Easter, and Trinity (which see), the year beginning with Michaelmas Term.The commencement and duration of the terms were fixed by 11 Geo. 4 & 1 Wm. 4, c. 70, s. 6, and 1 Wm. 4, c. 3, s. 3. By the first of these enactments Hilary Term began on the 11th and ended on the 31st of January; Easter Term began on the 15th of April and ended on the 8th of May; Trinity Term began on the 22nd of May and ended on the 12th of June; and Michaelmas Term began on the 2nd and ended on the 25th of November. Vacations in the Equity Courts were regulated also by Cons. Ord. V.By the (English) Judicature Act, 1873, s. 26, now repealed, it was provided that the division of the legal year into terms should be abolished so far as relates to the administration of justice. But in all other cases in which, under the law previously existing, the terms into which the legal year is ...
Term loan
Term loan, means loan advanced for commercial loans, State Bank of Patiala v. Harbans Singh, (1994) 3 SCC 495.The expression 'term loan' is well understood in banking parlance. The expression implies the grant of loan for a fixed term. It has no relevance with the purpose for which loan is granted. Where the terms for repayment is long, the loan is called 'long term loan' and where the term exceeds one year but not five to seven years, it is commonly known as 'medium term loan, Canara Bank v. P.N.R. Upadhyaya, AIR 1998 SC 3000: (1998) 6 SCC 526....
Term of years absolute
Term of years absolute, defined for the purposes of the (English) Law of Property Act, 1925, s. 205 (1) (xxvii.), as a term of years in possession or reversion whether or not at a rent with or without impeachment for waste, subject or not to another legal estate and either certain or liable to deter-mination by notice, re-entry, operation of law, or by a provision for cesser of redemption or in any other event (other than the dropping of a life or the determination of a determinable life interest, but does not include any term of years determinable with life or lives or with the cesser of a determinable life interest, nor if created after 1925 a term of years which is not expressed to take effect in possession within twenty-one years where required by the Act to take effect within that period (i.e., leases at a rent or in considation of a fine and not being leases of a reversion on a term, see s. 149 of the Act); and in that definition, term of years includes terms for less than years ...
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