Alteration - Law Dictionary Search Results
Home Dictionary Name: alterationAlteration
Alteration. An alteration vitiates a deed or other instrument, if made in a material part after execution. In the case of deeds, an unexplained alteration is presumed to have been made at the time of execution; but it is otherwise with wills. See (English) Wills Act, 1837 (7 Wm. 4 & 1 Vict. c. 26), s. 21.As to alteration of a bill of exchange, see s. 64 of the Bills of Exchange Act, 1882, by which, where a bill is materially altered without the assent of all parties liable on it, the bill is avoided, except as against a party who has himself made, authorized, or assented to the alteration, and subsequent indorsers. But if the alteration is not apparent, and the bill is in the hands of a holder in due course, such holder may avail himself of the bill as if it had not been altered, and may enforce payment of it according to its original tenor. In particular the following alterations are material, namely, any alteration of the date, the sum payable, any alteration of the date, the sum pay...
Material alteration
Material alteration, A material alteration is one which varies the rights, liabilities, or legal position of the parties as ascertained by the deed in its original state, or otherwise varies the legal effect of the instrument as originally expressed, or reduces to certainty some provision which was originally unascertained and as such void, or which may otherwise prejudice the party bound by the deed as originally executed, Loonkaran Sethia v. Mr. Ivan E. John, AIR 1977 SC 336 (347): (1977) 1 SCC 379: (1977) 1 SCR 853.The material alterations contemplate change of substantial nature affecting the form and character of the building. Many a time tenants make minor constructions and alterations for the convenient use of the tenanted accommodation. The legislature does not provide for their eviction; instead, the construction so made would furnish ground for eviction only when they bring about substantial change in the front and structure of the building. The essential element which needs ...
Alteration of share capital
Alteration of share capital. Under the (English) Companies Act, 1929, the share capital of a company may be altered by increase (s. 53), consolidation or division, conversion of shares into stock and reconversion or cancellation of unissued capital (s. 50), or redemption of redeemable preference shares (s. 46). The alteration must be authorized by the Articles, and the memorandum modified. A company cannot make an original issue of stock (Home & Foreign Investment and Agency Co., (1912) 1 Ch 72, and subject to confirmation by the Court a company may reduce its capital by special resolution for reducing share capital and consequential alteration of the memorandum. The words 'and reduced' need not be added to the name of the company unless the Court so orders (ss. 55-60). As a rule in all these cases the alteration must be notified to the Registrar of Joint Stock Companies (s. 5), and, in the case of reduction, registered by him (s. 58)....
alter ego
alter ego [Latin, literally, second I] : second self ;esp : a person or entity vicariously liable for another (as an agent) [had the officer been the alter ego of the corporation "J. J. White and R. S. Summers"] compare instrumentality NOTE: The concept of a legal alter ego is used primarily to hold the controlling parties of a corporation personally liable instead of limiting liability to the corporate entity. ...
Alter the finding
Alter the finding' the expression 'alter the finding' has only one meaning, and that is alter the finding of conviction and not the finding of acquittal, State of Andhra Pradesh v. Thadi Narayana, AIR 1962 SC 240 (244): (1962) 2 SCR 904. [Criminal Procedure Code, 1898, s. 423 (1)(b)]...
Materially altered
Materially altered, The expression 'materially altered' means a substantial change in the character form and the structure of the building without destroying its identity. It means that the nature and character of change or alteration of the building must be of essential and important nature, Om Prakash v. Amar Singh, AIR 1987 SC 617 (619): (1987) 1 SCC 458: (1987) 1 SCR 968. [U.P. Cantonments (Control of Rent and Evidence) Act, (10 of 1952), s. 14(c)]...
material alteration
material alteration : an alteration made to an instrument that adds or deletes any provision or changes the rights and obligations of any party under it ...
Alteration of a charge
Alteration of a charge, an alteration of a charge means changing or variation of an existing charge or making of a different charge, Sohan Lal v. State of Rajasthan, (1990) 4 SCC 580: AIR 1990 SC 2158 (2161). [Criminal Procedure Code, 1973, s. 216...
Colourable alteration
Colourable alteration. An alteration or imitation calculated to deceive or otherwise conceived for the purpose of passing off goods as goods of a different make or to evade copyright or trade marks or other rights or property....
mind altering
producing mood changes or distorted perception used mostly of psychoactive substances as hallucinogenic drugs are mind altering substances...
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