Acquisition By Transfer - Law Dictionary Search Results
Home Dictionary Name: acquisition by transfer Page: 2tradition
tradition [French, legal transfer] in the civil law of Louisiana : transfer or acquisition of property esp. by delivery with intent of both parties to transfer the title [delivery of the act of transfer or use of the right by the owner of the dominant estate constitutes "Louisiana Civil Code"] ...
Quasi traditio
Quasi traditio, according to the civil law again a servitude that is, a limited right of user in respect of a thing not one's own, e.g. a usufruct or a right of way could only be created by means of certain definite legal forms. The practoriam law, on the other hand, allowed a servitude to be created by a so-called quasi tradition servitudes; that is, it was satisfied if one party gave the other, with any form, permission to exercise the right of user in question, A Textbook of the History and System of Roman Private Law, Rudolph Sohm, 3rd Edn., 1907.Means 'as if transfer'. A party's acquisition of a servitude by using it with the informal permission or acquiescence of the owner, Black's Law Dictionary, 7th Edn., p. 1258....
title
title [Anglo-French, inscription, legal right, from Old French, from Latin titulum inscription, chapter heading, part of the law that sanctions an action] 1 a : the means or right by which one owns or possesses property ;broadly : the quality of ownership as determined by a body of facts and events after-acquired title : title that vests automatically in a grantee when acquired by a grantor who purported to sell the property before acquiring title ;also : a doctrine that requires such vesting compare estoppel by deed at estoppel NOTE: The doctrine of after-acquired title generally does not apply when the grantor receives title by quitclaim deed; to vest title in the grantee the deed must include words expressing such an intention. clear title : title that exists free of claims or encumbrances on the property [had clear title to the farm] ;broadly : marketable title in this entry equitable title : title vested in one who is considered by the application of equitable principl...
Amalgamation
Amalgamation, in amalgamation two or more companies are fused into one by merger or by taking over by another. Reconstruction or 'amalgamation' has no precise legal meaning. The amalgamation is a blending of two or more existing undertakings into one undertaking, the share-holders of each blending company become substantially the shareholders in the company which is to carry on the blended undertakings. There may be amalgamation either by the transfer of two or more undertakings to a new company, or by the transfer of one or more undertakings to an existing company. Strictly 'amalgamation' does not cover the mere acquisition by a company of the share capital of other company which remains in existence and continues its undertaking but the context in which the term is used may show that it is intended to include such an acquisition, Saraswati Industrial Syndicate Ltd. v. C.I.T., 1990 Supp SCC 675 (679).Amalgamation, in an amalgamation two or more companies are fused into one by merger o...
reorganization
reorganization 1 : the act of reorganizing : the state of being reorganized 2 a : the rehabilitation of the finances of a business in accordance with a plan approved by a bankruptcy court under the provisions of chapter 11 of the Bankruptcy Code b : any of various procedures (as recapitalization or merger) that affect the tax structure of a corporation under the Internal Revenue Code and often produce favorable tax treatment A reorganization [ā-] : a reorganization that consists of a merger or consolidation which complies with the requirements of applicable state statute B reorganization [bē-] : a reorganization involving the acquisition by one corporation of the stock of another corporation in exchange solely for all or some of the voting stock of the acquiring corporation or its parent either of which has control of the acquired corporation immediately after the acquisition C reorganization [sē-] : a reorganization involving the acquisition by one corporation...
Intermediary
Intermediary, 'intermediary' as defined by s. 2(1) of the W.B. Estate Acquisitation Act, 1953 includes a proprietor, tenure holder, under-tenure holder or any other intermediary above a raiyat. Under the provisions of the Bengal Patni Regulations 8 of 1819, holder of a Patni deed enjoyed the right of the zamindar unless some limitation was expressly mentioned in the deed. The interest of a Patnidar was capable of being transferred by sale in the same manner as any other real property. A Patni right holder is a proprietor, therefore included within the meaning of intermediary under the Act, Union of India v. Nihar Kanta Sen, AIR 1987 SC 1713: (1987) 3 SCC 465 (472): (1987) 2 SCR 1108. [W.B. Estates Acquisition Act, 1953, s. 2(i)]Intermediary means a stockbroker, sub-broker, share transfer agent, banker to an issue, trustee to a trust deed, registrar to an issue, merchant banker, underwriter, portfolio manager, investment adviser and any other intermediary associated with securities mark...
basis
basis pl: ba·ses [-sēz] 1 : something (as a principle or reason) on which something else is established [the court could not imagine any conceivable for the statute] see also rational basis 2 : a basic principle or method ;esp : the principle or method by which taxable income is calculated NOTE: The Internal Revenue Code has set some limits on which method a taxpayer may use for figuring taxable income. For example, a corporation with gross receipts under $5,000,000 may be a cash-basis taxpayer. ac·cru·al basis : a method of accounting in which income and expenses are recorded in the period when they are earned or incurred regardless of when the payment is received or made called also accrual method cash basis : a method of accounting in which income and expenses are recorded in the period when payment is received or made called also cash method 3 : the value (as cost or fair market value) of an asset used in calculating capital gains or losses for inc...
Acquisition, acquire
Acquisition, acquire, acquisition is the act by which a person acquires property in a thing. 'Acquire' is to become the owner of the property. One can, therefore, acquire a property either by voluntary or involuntary transfer, Devi Das Gopal Krishnan v. State of Punjab, AIR 1967 SC 1895 (1904): (1967) 3 SCR 557. [Punjab General Sales Tax Act, (46 of 1948), s. 2 (FF)]...
Property
Property, an actionable claim against the tenants is undoubtedly a species of property which is assignable, State of Bihar v. Kameshwar Singh, AIR 1952 SC 252.Comprises every form of tangible property, even intangible, including debts and chooses in action such as unpaid accumulation of wages, pension, cash grants, and constitutionally protected privy purse, See M.M. Pathak v. Union of India, AIR 1978 SC 802.Decree is to be treated as property, Associated Hotels of India v. Jodha Mal Kuthiala, AIR 1950 Punj 201.Every movable property is included in the ordinary connotation of the word 'property', Chunni Lal v. State, AIR 1968 Raj 70.In commercial law this may carry its ordinary meaning of the subject-matter of ownership. But elsewhere, as in the sale of goods it may be used as a synonym for ownership and lesser rights in goods, Dictionary of Commercial Law by A.H. Hudson, (1983, Edn.).In Entry 42, List III (Constitution of India) includes the power to legislate for acquisition of an un...
Purchase
Purchase (fr. perquisitio, or conqu'stus, Lat., according to the feudists], in its popular sense, an acquisition of land, obtained by way of bargain and sale, for money or some other valuable consideration; in its legal acceptation, an acquisition of land in any lawful manner, other than by descent, or the mere act of law, and including escheat, occupancy, prescription, forfeiture, and alienation. See 2 Br. and Had. Com. 408 et seq. It is possession to which a man cometh not by title of descent; see Co. Litt. 18 b.Means any transfer of property in goods to the person making the purchase for cash or deferred payment or other valuable consideration, but does not include a transfer by way of mortgage, hypothecation, charge or pledge. [The West Bengal Value Added Tax Act, 2003, s. 2(34)]...
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