Assignment - Definition - Law Dictionary Home Dictionary Definition assignment

Definition :

Assignment, 'assignment' means an assignment in writing by act of the parties concerned. [Semiconductor Integrated Circuits Layout-Design Act, (37 of 2000), s. 2(b)]

'Assignment' means the transfer of the claim, right or property to another, C.G.T. v. Ms Getti Chettiar, (1971) 2 SCC 741: AIR 1971 SC 2410 (2413). [Gift-tax Act, 1958 s. 2(XXIV)]

A transfer of an estate or interest in property. The usual operative verb is 'assign,' but any other word indicating an intention to make a complete transfer, e.g., 'convey,' will amount to an assignment.

Assignment by Lessor or Lessee, Effect of. A lessor, notwithstanding assignment of his reversion, continues liable to his lessee on covenants running with the land, Stuart v. Joy, 1904 (1) KB 362, and so does a lessee to his lessor, notwithstanding assignment of his term, Barnard v. Godscall, (1613) Cro. Jac. 309. The assignee of a term is liable equally with the lessee (though the lessor cannot recover against both) during his possession, but unless restrained by covenant he can assign over to a pouper or other man of straw, Fagg v. Dobie, (1838) 3 Y.& C. 96, and thus escape liability on the covenants in the lease, though he is usually made liable, on a covenant of indemnity in the deed of assignment, to his own assignor. As to the liability of the parties in the case of successive assignment of a lease, see Moule v. Garrett, (1872) LR 7 Ex. 101. An assignor of a term remains liable to his lessor for rent, even after an assignment, if he expressly covenanted to pay rent, Auriol v. Mills, 4 Term Rep. 94, and Betts v. Price, (1924) 40 TLR 589. Assignments of leases and terms of years must be by deed, see Harris v. Goodwyn, (1841) 9 Dowl. 409, and the Law of Property Act, 1925, s. 52, replacing the Statute of Frauds, 29 Car. 2, c. 3, s. 4, and Real Property Act, 1845, s. 3, and bys. 40 of the L.P. Act, 1925, all contracts for assignments of such leases and terms must be in writing and signed by the party to be charged or his agent. An assignment of a term must be of the whole term: the grant or conveyance of any lesser term is an under-lease, but an under-lease for the whole term is in effect an assignment, Woodfall, L. & T., 23rd ed. P. 320. As to assignment of choses in action, see CHOSE.

Assignment by Tenant for Life.-For a special meaning of the word, see Settled Land Act, 1925, s. 104.

Means an assignment in writing by act of the parties concerned. [Trade Marks Act, 1999 (47 of 1999), s. 2(1)(b)]

The word 'assignment' does not mean 'appointment', Oriental Metal Pressing Works, (P) Ltd. v. Bhaskar Kashinath, AIR 1961 SC 573 (575). [Companies Act, 1956, s. 312]

Assignment is a transfer or making over to another of the whole of any property, real or personal, in possesson or in action, or of any estate or right therein', Gopal Saran v. Satyanarayan, AIR 1989 SC 1141 (1148): (1989) 3 SCC 56. [Rajsthan Premises Control of Rent and Eviction Act (17 of 1950), s. 13 (1)