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Unconditional - Law Dictionary Search Results

Home Dictionary Name: unconditional

unconditional

unconditional : not conditional or limited : absolute unqualified un·con·di·tion·al·ly adv ...


Unconditionally

Unconditionally, means without conditions........ that is conditions, well-known to practitioners, which might have been usually imposed, Smith v. Smith, 139, 145 LT 23....


Unconditionally and beneficially

Unconditionally and beneficially, the words 'un-conditionally' and 'beneficially' underline the fact that no person who holds a share or shares not for his own benefit but for the benefit of another and who does not exercise freely his voting power, can be said be belong to that body, which is designated 'public'. The word 'public' is used in contradis-tinction to one or more persons who act in unison and among whom the voting power constitutes a block. If such a block exists and possesses more than seventy-five per cent. of the voting power, then the company cannot be said to be one in which the public are substantially interested, Raghuvanshi Mills Ltd. v. Commissioner of Income Tax, AIR 1961 SC 743 (746): (1961) 2 SCR 978....


Tender

Tender, means an unconditional offer of money or performance to satisfy a debt or obligation, Black's Law Dictionary, 7th Edn., p. 1479.Tender, offer; proposal for acceptance.1. An unconditional offer of money or performance to satisfy a debt or obligation2. Something unconditionally offered to satisfy a debt or obligation3. An offer or bid put forward for acceptance, Black's Law Dictionary, 7th Edn., p. 1479.A tender of satisfaction is allowed to be made inmost actions for money demands. It need not be made by the debtor personally to the creditor personally; it may be made through an authorized agent, and a tender to one of several joint creditors is sufficient. A tender must be absolute and unconditional, and the money must be actually produced at the time of the tender, unless that be dispensed with by the creditor; but a tender under protest is good in law, so long as no condition is imposed, Greenwood v. Sutcliffe, (1892) 1 Ch 1 CA.If a defence set up tender, the money alleged to...


Bill of Exchange

Bill of Exchange. Defined in the (English) Bills of Exchange Act, 1882 (45 & 46 Vict. c. 61), s. 3, as an 'unconditional order in writing, addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand or at a fixed or determinable future time a sum certain in money to or to the order of a specified person, or to bearer.'It is a chose in action, but, for the encouragement of commerce, it is assignable, at Common Law, by mere endorsement, so that very many names are frequently attached to one bill as endorsers, and each of them is liable to be sued upon the bill, if it be not paid in due time. the person who makes or draws the bill is called the drawer, he to whom it is addressed is, before acceptance, the drawee, and after accepting it, the acceptor; the person in whose favour it is drawn is the payee; if he endorse the bill to another, he is called the endorser, and the person to whom it is thus assigned or negotiated ...


Paid

Paid, means payable and is equivalent to offered or tendered, Mohammed Basbir v. Azizul Kadar, AIR 1967 All 1: (1966) AWR (HC) 442.Paid, takes in every receipt by the employee from the employer whether it was due to him or not, Commissioner of Income Tax, Kerala and Coimbatore v. L.W. Russell, AIR 1965 SC 49. [Income Tax Act, 1922, s. 7(1)]Paid, the expression 'paid' in s. 16(2) does not contemplate actual receipt of the dividend by the member. In general, dividend may be said to be paid within the meaning of s. 16(2) when the company discharges its liability and makes the amount of dividend unconditionally available to the member entitled thereto, J. Dalmia v. Commissioner of Income Tax, AIR 1964 SC 1866: (1964) 7 SCR 579. [Income Tax Act, 1922, s. 16(2)]The expression 'paid' in s. 16(2) does not contemplate actual receipt of the dividend by the member. The only difference between the expression 'paid' and the expression 'distribution' is that the latter necessarily involves the idea ...


negotiable instrument

negotiable instrument : a transferable instrument (as a note, check, or draft) containing an unconditional promise or order to pay to a holder or to the order of a holder upon issue, possession, demand, or at a specified time [was determined to be a holder in due course of a negotiable instrument] see also bearer, holder in due course ...


negotiable instruments

negotiable instruments A written document signed by the maker that includes an unconditional promise to pay a sum of money. Source: FindLaw ...


note

note 1 a : a written promise to pay a debt ;specif : promissory note in this entry bank note : a promissory note issued by a bank payable to bearer on demand but without interest and circulating as money cog·no·vit note [kÄ g-nō-vit-, kōg-] : a note in which the maker acknowledges the debt and authorizes the entry of judgment against him or her without notice or a hearing : a note containing a confession of judgment collateral note : a note secured esp. by a collateral mortgage and pledged to secure an obligation of which a hand note usually serves as evidence demand note : a note payable on demand compare time note in this entry floating rate note : a negotiable note that yields an indexed and periodically adjusted variable rate of interest called also floater hand note : a note for an obligation secured by a collateral note non-recourse note : a note whose satisfaction upon default may be obtained only out of the collateral securing it promisso...


tender

tender 1 a : an act or instance of tendering b : an unconditional offer of payment or performance (as in discharge of an obligation) that is coupled with a manifestation of willingness and ability to follow through (as by producing a check) c : tender of delivery [sufficient ] 2 : something offered in payment or performance ;specif : money [the proper amount of required] see also legal tender vb [Anglo-French tendre to offer, propose for acceptance, literally, to stretch, hold out, from Old French, from Latin tendere] vt 1 a : to make a tender of [ goods] [ delivery] [ payment] [ performance] b : to offer as an amount in settlement of a claim by an injured party against an insured NOTE: An insurance company might be obligated to tender the limits of a policy to an injured party when a higher amount is likely to be awarded at trial. 2 : to extend for acceptance or consideration (as in proof of something) esp. in a proceeding [ a plea to the court] [ an issue] 3 : to offer...


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