Voluntarily - Law Dictionary Search Results
Home Dictionary Name: voluntarily Page: 2Mandate
Mandate [fr. mandatum, Lat.], a judicial command, charge, commission.Also, a bailment of goods, without reward, to be carried from place to place, or to have some act performed about them. The person employing is called in the Civil Law mandans or mandator, and the person employed mandatarius or mandatory. The distinction between a mandate and a deposit is that in the latter the principal object of the parties is the custody of the thing; and the service and labour are merely accessorial. In the former, the labour and service are the principal objects of the parties, and the thing is merely accessorial. Three things are necessary to create a mandate: (1) that there should exist something which should be the subject of the contract, or some act or business to be done; (2) that it should be done gratuitously; (3) that the parties should voluntarily intend to enter into the contract. A mandatary incurs three obligations: (1) to do the act which is the object of the mandate, and with which...
Liquidator
Liquidator. A person appointed to conduct the winding-up of a company under the (English) Companies Act, 1929. Liquidators are of three kinds:--(1) Appointed by the court in a winding-up by the Court. pending appointment the Official Receiver in Bankruptcy is to act as Official Receiver and Liquidator in the winding-up (s. 185). By s. 186, in England, liquidators other than the Official Receiver must provide security to the satisfaction of the Board of Trade. His duties comprise the collection of the company's property, and this property or any part of it may vest in him on his application. He may bring or defend actions relating to that property in his own official name (s. 190). Powers which he may exercise subject to the sanction of the court or a Committee of Inspection are setout in s. 191(1); sub-s. (2) of that section gives a list of powers for which such sanction is not required. The duties of a liquidator are to collect, administer, and distribute the assets, having regard to ...
Judge-shopping
Judge-shopping, means the practice of filing several lawsuits asserting the same claims in a court or a district with multiple judges with the hope of having one of the lawsuits assigned to a favourable judge and to non suit or voluntarily dismiss the others, Black's Law Dictionary, 7th Edn., p. 846....
Jettison
Jettison, means the act of voluntarily throwing cargo overboard to lighten or stabilise a ship that is in immediate danger. Also termed jacture, Black's Law Dictionary, 7th Edn., p. 840....
Entrusted
Entrusted, The expression 'entrusted' is used in a wide sense and includes all cases in which property is voluntarily handed over for a specific purpose and is dishonestly disposed of contrary to the terms on which possession has been handed over, Som Nath Puri v. State of Rajasthan, (1972) 1 SCC 630: AIR 1972 SC 1490: (1972) 3 SCR 497. (Indian Penal Code, 1860, s. 409)...
Common stock or common hotchpot
Common stock or common hotchpot, the doctrine of throwing into common stock inevitably postulates that the owner of a separate property is a coparcener who has an interest in the coparcenary property and desires to blend his separate property with the coparcenary property. The existence of a coparcenary is absolutely necessary before a coparcener can throw into the common stock his self-acquired properties. The separate property of a member of a joint Hindu family may be impressed with the character of joint family property if it is voluntarily thrown by him into the common stock with the intention of abandoning his separate claim therein. The separate property of a Hindu ceases to be a separate property and acquires the characteristic of a joint family or ancestral property not by any physical mixing with his joint family or his ancestral property but by his own volition and intention by his waiving and surrendering his separate rights in it as separate property. The act by which the ...
Donation
Donation, When a person gives money to another without any material return, he donates that sum. An act by which the owner of a thing voluntarily transfers the title and possession of the same from himself to another, without any consideration, is a donation, Commissioner of Expenditure v. Shri P.V.G. Raju (1976) 1 SCC 241: AIR 1976 SC 140: (1976) 1 SCR 1017. [Expenditure Tax Act, 1958, s. 5(j)]...
Doctrine of pari delicto
Doctrine of pari delicto, The doctrine of pari delicto is not designed to reward the 'wrongdoer' or to penalize the 'wronged', by denying to the victim of exploitation access to justice. The doctrine is attracted only when none of the parties is a victim of such exploitation and both parties have voluntarily and by their free will joined hands to flout the law for their mutual gain, Mohd. Salimuddin v. Misri Lal, (1986) 2 SCC 378: AIR 1986 SC 1019: (1986) 1 SCR 622....
Derelict
Derelict, a vessel forsaken at sea. As to public notice of its whereabouts, see Merchant Shipping (Safety and Load Line Conventions) Act, 1932 (22 & 23 Geo. 5, c. 9), s. 24.--Abandoned deserted: cast away. Applied to shipping Goats or other vessels for taken or found on the seas without any person in them; also goods which have been voluntarily abandoned and given up as worthless....
Compensation for loss of employment
Compensation for loss of employment, expression 'compensation for loss of employment' used in explanation 2 to s. 7 refers to any payment made, whether under a legal liability or voluntarily, to compensate or act as a solatium for the loss of employment suffered by the employee', Commissioner of Income Tax v. E.D. Sheppard, AIR 1963 SC 1343 (1347): (1964) 1 SCR 163. (Income-tax Act 1922, s. 7, Expl. 2)...
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