holding over
holding over (1)逾期占有 指承租人在承租期届满后继续占有土地。如果其占有违背土地所有人的意思，则其属于土地侵占人〔trespasser〕；但如其占有经过土地所有人同意，则其成为任意承租人〔tenant at will〕或容忍承租人〔tenant at sufferance〕。 (2)(期满后的)留任；留用 指政府官员在任期届满后，由于再次当选或被再次任命，或因其继任者所需而继续履行其职责。
Search Results for: HOLDING OVER
holding over
holding over. 1. A tenant’s action in continuing to occupy the leased premises after the lease term has expired. • Holding over creates a tenancy at sufferance, with the tenant being referred to as a holdover. See tenancy at sufferance under TENANCY. [Cases: Landlord and Tenant 119(2).C.J.S. Landlord and Tenant § 177.] 2. Parliamentary law.
withholding
withholding, n. 1. The practice of deducting a certain amount from a person’s salary, wages, dividends, winnings, or other income, usu. for tax purposes; esp., an employer’s practice of taking out a portion of an employee’s gross earnings and paying that portion to the government for income-tax and social-security purposes. [Cases: Internal Revenue 4849; Taxation
overbreadth doctrine
overbreadth doctrine. Constitutional law. The doctrine holding that if a statute is so broadly written that it deters free expression, then it can be struck down on its face because of its chilling effect — even if it also prohibits acts that may legitimately be forbidden. • The Supreme Court has used this doctrine to
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withholding of evidence
withholding of evidence. The act or an instance of obstructing justice by stifling or suppressing evidence knowing that it is being sought in an official investigation or judicial proceeding. See OBSTRUCTION OF JUSTICE. [Cases: Obstructing Justice 5. C.J.S. Obstructing Justice or Governmental Administration §§ 30–38.]
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tenancy at sufferance
A tenancy arising when a person who has been in lawful possession of property wrongfully remains as a holdover after his or her interest has expired. • A tenancy at sufferance takes the form of either a tenancy at will or a periodic tenancy. — Also termed holdover tenancy; estate at sufferance. See HOLDING OVER.
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double value
double value (1)(英格兰古法)双倍地价 根据1730年《地产出租人和承租人法》〔Landlord and Tenant Act〕第1条，如果一个终身或定期地产承租人在其权利终止或在地产出租人、剩余地产〔remainder〕或回复地产〔reversion〕的权利人或其合法代理人发出转移占有的通知后，仍继续占有该地产，则应向有权占有地产者支付双倍的地产年金〔yearly value of the lands〕。 (2)〈英〉加倍处罚 在一些情况下，由于不支付关税、货物税或其他税款等而形成的避税、骗税行为，责任人应支付二倍或三倍的税收或财产价值。 (→holding over; smuggling)
court of high commission
Court of High Commission. Hist. Eccles. law. A tribunal responsible for inquiring into religious offenses such as the holding of heretical opinions, and absence from church. • Functioning as a court, the High Commission also prosecuted violations of the Acts of Supremacy and Uniformity (1559), the statutes that gave the Crown supreme power over the
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recoupment
recoupment (ri-koop-m[schwa]nt), n. 1. The recovery or regaining of something, esp. expenses. 2. The withholding, for equitable reasons, of all or part of something that is due. See EQUITABLE RECOUPMENT(1), (2). 3. Reduction of a plaintiff’s damages because of a demand by the defendant arising out of the same transaction. See EQUITABLE RECOUPMENT(3). Cf. SETOFF(2).