Voluntarily - Law Dictionary Search Results
Home Dictionary Name: voluntarily Page: 3Outsucken multures
Outsucken multures, quantities of corn paid by persons voluntarily grinding corn at any mill to which they are not thirled or bound by tenure. See INSUCKEN MULTURES....
Chapter
Chapter [fr. Apitulum, Lat.], a congregation of ecclesiastical persons in a cathedral church, consisting of canons or prebendaries whereof the dean is the head, all subordinate to the bishop, to whom they act as assistants in matters relating to the church, for the better ordering and disposing the things thereof, and the confirmation of such leases of the temporality and offices relating to the bishopric, as the bishop shall make from time to time. And they are termed capitulum, as a kind of head, instituted not only to assist the bishop in manner aforesaid, but also anciently to rule and govern the diocese in the time of vacation, Burn's Dict.The Chapter of the bankruptcy code allowing a trustee to collect and liquidate a debtor's property either voluntarily or by court order, to satisfy creditors, Black's Law Dictionary, 7th Edn.Chapter shall mean a Chapter of the Act or Regulation in which the word occurs. [General Clauses Act, 1897 (10 of 1897)]...
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...
Sponsor
Sponsor, a surety; one who makes a promise or gives security for another, particularly a godfather in baptism.Means any person holding not less than ten per cent of the paid-up equity capital of a securitisation company or reconstruction company. [Securitisa-tion and Reconstruction of Financial Assets and Enforcements of Security Interest Act, 2002 (54 of 2002), s. 2(1) (zh)]1. One who acts as surety for another 2. A legislator who proposes a bill 3. One who voluntarily intervenes for another without being requested to do so, Black's Law Dictionary, 7th Edn., p. 1410....
Promise
Promise, an engagement for the performance or non-performance of some particular thing, which may be made either by deed, or without deed, when it is said to be by parol; 'promise' is usually applied when the engagement is by parol only, for a promise by deed is technically called a covenant. See CONTRACT.A simple promise, i.e., a promise not under seal, made voluntarily and without a legal consideration, is not binding either at law or inequity; see Re Whitaker, (1889) 42 Ch D 119; Tweddle v. Atkinson, (1861) 1 B&S 393.Means an undertaking by one man with another for the performance or non-performance of some particular thing, A Verbal Covenant, Shratya Begum v. Hamid Ali Khan, 1947 All WR CC 268....
Tithe Rent-Charge
Tithe Rent-Charge. A charge on land, substituted by commutation for that charge on the produce of the land for the benefit of the Church, which was called tithe from being the tenth part of the increase yearly arising and renewing from the profits of lands, the stock upon lands, and the personal industry of the inhabitants; the first species being usually called pr'dial, the second mixed, the third personal.This commutation was effected by a procedure set on foot by the (English) Tithe Act, 1836 (6 & 7 Wm. 4, c. 71), amended by subsequent Acts. See Chitty's Stat., tit. 'Tithe Rent-Charge.' The amount to be paid was annually adjusted, according to the price of corn.The commutation was effected in one of two ways-either by a voluntary parochial agreement, con-firmed by the commissioners, or by the compulsory award of the commissioners. The value, either voluntarily agreed upon or awarded by the commissioners, was considered as the amount of the total rent-charge to be paid in respect of ...
Wholly and exclusively
Wholly and exclusively, the expression 'wholly and exclusively' used in s. 10(2)(xv) of the Income Tax Act, 1922 does not mean 'necessarily'. Ordinarily it is for the assessee to decide whether any expenditure should be incurred in the course of his or its business. Such expenditure may be incurred voluntarily and without any necessity and if it is incurred for promoting the business and to earn profits, the assessee can claim deduction under s. 10(2)(xv) of the Act even though there was no compelling necessity to incur such expenditure. It is relevant to refer at this stage to the legislative history of s. 37 of the Income Tax Act, 1961 which corresponds to s. 10(2)(xv) of the Income Tax Act, 1922. An attempt was made in the Income Tax Bill of 1961 to lay down the 'necessity' of the expenditure as a condition for claiming deduction under s. 37. S. 37(1) in the Bill read 'any expenditure . . . laid out or expended wholly, necessarily and exclusively for the purposes of the business or ...
Volunteer
Volunteer, a person who takes under a voluntary conveyance, or who, though the conveyance may have been for value, is not within the scope of the consideration, e.g., persons not issue of the marriage claiming under limitations in a marriage settlement.Also, a person who has voluntarily joined a corps raised either for home or foreign service. See TERRITORIAL ARMY....
Voluntary, voluntary confession
Voluntary, voluntary confession, the crux of mak-ing a statement voluntarily is, what is intentional, intended, unimpelled by other influences, acting on one's own will, through his own conscience. Such confessional statements are made mostly out of a thirst to speak the truth which at a given time predominates in the heart of the confessor which impels him to speak out the truth. Internal compulsion of the conscience to speak out the truth normally emerges when one is in despondency or in a perilous situation when he wants to shed his cloak of guilt and nothing but disclosing the truth would dawn on him. It sometimes becomes so powerful that he is ready to face all consequences for clearing his heart, Devender Pal Singh v. State of NCT of Delhi, (2002) 5 SCC 234 (260): AIR 2002 SC 1661. [Terrorist and Disruptive Activities (Preven-tion) Act, 1987, s. 15]...
Voluntary winding up and winding up by the court
Voluntary winding up and winding up by the court, the expressions 'voluntary winding up' and 'winding up by the Court' have acquired a technical meaning in our Company and Insurance jurisprudence. Like the Co-operative Society Laws, the Companies Act and the Insurance Act also make a distinction between the cessation of business by a company and its voluntary winding up or winding up by an order of the Court. There is nothing unequivocal in s. 15(a) of the Act to show that Parliament intended to depart from the technical meaning of 'voluntary winding up' and 'winding up by the Court' and to bid a good-bye to the distinction in our Company and Insurance jurisprudence between mere cessation of business by a company and its voluntary winding up or winding up by an order of the Court. The phrase 'voluntarily wound up' in the first limb would mean the voluntary winding up of an insurance public company in accordance with s. 54 of the Insurance Act, The Neptune Assurance Co. Ltd.v. Union of ...
- << Prev.
- Next >>