Any Property - Law Dictionary Search Results
Home Dictionary Name: any propertyAny property
Any property, the expression prima facie includes unless something to the contrary can be spelt out from the other provisions of the Act, all forms or types of interest answering to the description of 'property' in law. Off course, the property must be heritable property in respect to which alone the question of succession may legitimately arise, Angurbala Mullick v. Debabrata Mullick, AIR 1951 SC 293 (297): 1951 SCR 1125. [Hindu Woman's Right to Property Act, 1937, s. 3(1) (as amended by Act 11 of 1983)]...
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...
Married women's property
Married women's property, At Common Law, a woman, by marrying, transferred the ownership of all her property, real and personal, present and future, to her husband absolutely, so that he might sell, pay his debts out of, give away, or dispose by will of it as he pleased, with these exceptions and modifications:-1) Her freehold estate became his to manage and take the profits of during the joint lives only. After his death, leaving her surviving, it passed to her absolutely; after her death, leaving him surviving, provided that it was an estate in possession and issue who could in her it had been born during the marriage, it passed to him as 'tenant by the curtesy (q.v.) of England,' during his life, and after his death to her heir-at-law.(2) Her leasehold estate, her personal estate in expectancy, and the debts owing to her and other 'choses in action,' became his absolutely if he did some act to appropriate or reduce them into possession during the marriage, or if he survived her. If ...
Using a false property mark
Using a false property mark, whoever marks any movable property or goods or any case, package or other receptacle containing movable property or goods, or uses any case, package or other receptacle having any mark thereon, in a manner reasonably calculated to cause it to be believed that the property or goods so marked, or any property or goods contained in any such receptacle so marked, belong to a person to whom they do not belong, is said to use a false property mark. (Indian Penal Code, s. 481)...
Public property
Public property, means any property, whether immovable or movable (including any machinery) which is owned by, or in the possession of, or under the control of--(i) the Central Government; or(ii) any State Government; or(iii) any local authority; or(iv) any corporation established by, or under, a Central, Provincial or State Act; or(v) any company as defined in s. 617 of the Companies Act, 1956; orany institution, concern or undertaking which the Central Government may, by notification in the Official Gazette, specify in this behalf. [Prevention of Damage to Public Property Act, 1984 (3 of 1984), s. 2 (b) (i)]...
Unclaimed property
Unclaimed property. This devolves on the Crown at Common Law. Unclaimed property may be dealt with under the heads of (1) Government Stock, (2) Chancery Funds, (3) Stock in Public Companies, (4) Bankers' Balances, (5) Deposits with Bankers for Safe Custody, and (6) Found Property.(1) Government Stock.-The National Debt Act, 1870 (33 & 34 Vict. c. 71), ss. 51 et seq., as extended by 20 & 21 Geo. 5, c. 28, s. 49 provides that stock on which no dividend has been claimed for ten years must be transferred to the National Debt Commissioners. Lists of names in which the stock stood, with residence, description and amount of stock and date of transfer, are to be kept at the Bank of England [or Ireland, but see 13 Geo. 5, c. 2, s. 6 (d)] and at the National Debt Office, open to inspection, and also kept in duplicate at the National Debt Office. The stock may be re-transferred to persons showing title after, in the case of stock exceeding 20l., three months' public notice by advertisement. A sec...
Illegally acquired properties
Illegally acquired properties, it means and includes 'any property acquired by such person, whether before or after the commencement of this Act, wholly or partly out of or by means of any income, earnings or assets derived or obtained from or attributable to any activity prohibited, by or under any law for the time being in force relating to any matter in respect of which Parliament has power to make laws', Attorney General for India v. Amratlal Prajivandas, AIR 1994 SC 2179 (2202): (1994) 5 SCC 54. [Smugglers and Foreign Exchange Manipula-tors (Forfeiture of Proprety) Act, 1976 (13 of 1976), s. 3 (1)(c)]...
Receiver of stolen property
Receiver of stolen property. Punishable under the (English) Larceny Act, 1916, s. 33. The offence consists in receiving any property knowing the same to have been stolen or obtained in any way whatsoever under circumstances which amount to felony or misdemeanour. It matters not whether the principal thief has been prosecuted. Whether the offence is a felony or misdemeanour depends on which the original stealing, etc., was. Section 43 provides that, on a prosecution of a person for receiving stolen property knowing it to have been stolen or for being in possession thereof, there may be given in evidence for the purpose of proving guilty knowledge: (a) The fact that other property stolen within the period of twelve months preced-ing the date of the offence charged was found or had been in his possession; (b) the fact that within five years preceding the date of the offence charged he was convicted of an offence involving fraud or dishonesty. Before the prosecution can prove (c) a seven d...
After-acquired property
After-acquired property. A covenant to settle any property that may be acquired by the wife subsequently to the marriage is often inserted in marriage settlements. The construction and effect of such a covenant depends chiefly on the language of the covenant itself. See Wurtzburg on Covenants for the Settlement of a wife's after-acquired property; Bankruptcy Act, 1914, s. 42(2). See SETTLEMENT....
Acting in any manner prejudicial to the security of the State
Acting in any manner prejudicial to the security of the State, The expression 'acting in any manner prejudicial to the security of the State or the maintenance of public order' would, inter alia, include the commission on the offence of mischief by fire on any property of the Government or educational institution where the commission of such mischief disturbs or is likely to disturb public order, Keshab Roy v. State of West Bengal (1973) 3 SCC 216: AIR 1972 SC 926 (928)....
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