Appointed - Law Dictionary Search Results
Home Dictionary Name: appointedAppointment in exercise of a Power
Appointment in exercise of a Power, In the case of freeholds an instrument which alters, abridges, or suspends a use limited by a prior assurance or trust creating the power which sanctions such appointment. In the case of appointments of uses of freeholds effected under the Statute of Uses the seisin to serve the appointed use was transferred by the prior assurance; the appointment vested the legal estate in the appointee, who took as though he were named in such prior assurance. After the 31st December, 1925, a power of appointment of land can only operate inequity, (English) Law of Property Act, 1925, s. 1(7).Powers may also be reserved over personal estate, and in that case also only the equitable estate now passes; a common instance is the power of appointment among the issue usually given by a marriage settlement, by virtue of which the parents can distribute the settled funds amongst the issue in such shares as the donees of the power think fit, and the trustees will then hold t...
power of appointment
power of appointment :a power granted under a deed or will authorizing the donee to dispose of an estate in a specified manner for the benefit of the donee or of others general power of appointment : a power of appointment which the donee may exercise in favor of anyone including himself or herself ;specif : a power of appointment defined by the Internal Revenue Code as one exercisable in favor of the individual possessing the power, his or her estate, his or her creditors, or the creditors of his or her estate with certain specified qualifications limited power of appointment : special power of appointment in this entry ;also : a power of appointment which the donee may exercise in favor of anyone but himself or herself special power of appointment : a power of appointment which the donee may exercise in favor of only a designated person or class of persons not including himself or herself or his or her estate testamentary power of appointment : a power of appointment that ...
Illusory Appointments Act, 1830
Illusory Appointments Act, 1830 (English) (11 Geo. 4 & 1 Wm. 4, c. 46). This statute enacted that no appointment made after July 16th, 1830, in exercise of a power to appoint property, real or personal, among several objects, shall be invalid, or impeached in equity, on the ground that an unsubstantial, illusory, or nominal share only was thereby appointed, or left unappointed, to devolve upon any one or more of the objects of such power; but that the appointment shall be valid in equity as at law. See also the (Englihs) Powers of Appointment Act, 1874 (37 & 38 Vict. c. 37) ('Lord Selborne's Act'), by which appointments were validated, although one or more of the objects may have been excluded. These two Acts were repealed and reproduced by s. 158 of the (Englihs) Law of Property Act, 1925, which extends the rule to appointments whenever made. For the old law, consult Farwell on Powers, 8th Edn., 938....
Specially appointed
Specially appointed, the expressional 'specially appointed' means appointment for specific purpose, AIR 1965 Pat 446 (447). [Bihar Panchayat Election Rules, 1959 r. 2(9)]The word 'specially' has reference to the special purpose of appointment and is not used to convey the sense of a special as against a general appointment. The word 'specially' thus connotes the appointment of an officer or officers to perform functions which ordinarily Collector would perform under the Act. It qualifies the word 'appointed' and means no more than that he is appointed specially to perform the functions entrusted by the Act to the Collector, Abdul Hussain Tayabali v. State of Gujarat, AIR 1968 SC 432 (436). [Land Acquisition Act, 1894, s. 3(c)]...
Appointment of new trustees
Appointment of new trustees, See TRUSTEES. It was formerly necessary to inset a full power in instruments creating a trust providing a succession of trustees and nominating the person or persons by whom the power was to be exercised and specifying the various contingencies, as death, resignation, incapacity, etc., of the trustee, in which the power was to arise; otherwise application had to be made to the Court of Chancery. Latterly, however, a power for this purpose has been supplied by various Acts of Parliament, the statute at present in force being the (English) Trustee Act, 1925, ss. 36 and 37 replacing and extending the 10th section of the (English) Trustee Act, 1893 (56 & 57 Vict. c. 53), and s. 36 of the (English) Act of 1925 also provides for the appointment of additional trustees. S. 40 provides for the vesting of the trust property in the new trustees by a declaration in the deed of appointment or, deeds of appointment executed after 1925, no express vesting declaration appe...
Appointing authority
Appointing authority, the authority which appoints can only dismiss such persons as have been appointed by it. It cannot dismiss persons appointed by any other authority, for such persons have not been appointed by it in the exercise of its power as appointing authority, State of Assam v. Kripanath Sarma, AIR 1967 SC 459 (462); see also AIR 1961 SC 276 (282)....
Date of appointment
Date of appointment, An order of appointment may be of three kinds. It may appoint a person with effect from the date he assumes charge of the post or it may appoint him with immediate effect or it may appoint him simipliciter without saying as to when the appointment shall take effect, Dr. Amarjit Singh Ahluwalia v. State of Punjab, (1975) 3 SCC 503: AIR 1975 SC 984 (991): (1975) 3 SCR 82....
Revocation and new appointment
Revocation and new appointment. The appoint or may reserve a power of revocation and new appointment in the deed of appointment, although not expressly authorized so to do by the assurance creating the power; and such a power may be reserved toties quoties. By a revocation the original power revives. When a deed of appointment contains no power of revocation it is absolute and cannot be revoked, although there be a power of revocation in the assurance creating the power. When a power is executed by will, an express power of revocation need not be reserved, since a will is always revocable. Consult Sugden or Farewell on Powers....
appoint
appoint 1 : to name officially to a position [ed to the agency's top post] [ed conservator of the estate] 2 : to determine the distribution of (property) by exercising the authority granted by a power of appointment [a general power to the corpus of a trust "W. M. McGovern, Jr. et al."] vi : to exercise a power of appointment see also power of appointment ap·point·ive [ə-pȯin-tiv] adj ap·point·ment n ...
Appointment
Appointment, appointment refers to both initial recruitment and subsequent promotion, Chander Bhan v. Hotilal Gupta, 1991 Supp 2 SCC 156. [Punjab Courts Act, 1918 (6 of 1918), s. 35(1)]The word 'appointment' cannot mean only promotion, It means appointment both by promotion and by direct recruitment, Harkishan Singl v. State of Punjab, (1972) 1 SCC 58: AIR 1971 SC 1602 (1605): (1971) 2 SCC 58. [Punjab Civil Service (Recruitment and Conditions of Service) Rules, 1940, R. 9(c)]...
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