Assignee Or Assign - Law Dictionary Search Results
Home Dictionary Name: assignee or assignAssignee, or Assign
Assignee, or Assign, a person appointed by another to do any act or perform any business; also a person who takes some right, title, or interest in things by an assignment from an assignor. They are divided into: (1) assignees by deed, as when a lessee of a term assigns it to another; and (2) assignees by law, as when property devolves upon an executor merely in virtue of his appointment as such. Assignees in bankruptcy (now called trustees, see BANKRUPTCY) are those persons in whom the property of a bankrupt vests by virtue of their appointment. (3) includes an assignee of the assignee and the legal representative of a deceased assignee and references to the assignee of any person include references to the assignee of the legal representative or assignee of that person. [Patents Act, 1970 (39 of 1970), s. 2 (1) (ab)]...
assignment
assignment 1 : the act of assigning 2 a : a position, post, or office to which one is assigned b : a task assigned 3 : a present transfer of property or rights absolute assignment : an assignment in which the transfer is complete and leaves the assignor with no interest in the property or right transferred assignment for the benefit of creditors : assignment of property by a debtor to an assignee to be held in trust and used to pay off the debtor's debts assignment of income : an assignment by one taxpayer to another of income for the purpose of avoiding taxes assignment of lease : an assignment by a tenant of all of his or her remaining rights in a property under a lease compare sublease effective assignment : an assignment by which the assignor's interest in the property or right being assigned is terminated and transferred to the assignee equitable assignment : an assignment (as of property in which one has a future interest) that is not valid at law but that would be u...
Assignment
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 unle...
Assignee
Assignee, means one to whom property rights or powers are transferred by another use of the term is so widespread that it is difficult to ascribe positive meaning to it with any specification. Courts recognize the protean nature of the term and are therefore often forced to look to the intent of the assignor and assignee in making the assignment, rather than to the formality of the use of the term assignee in defining rights and responsibilities, Black Law Dictionary 7th Edn., p. 114....
Relinquishment and assignment of tenancy
Relinquishment and assignment of tenancy, the distinction between an assignment on the one hand and relinquishment or surrender on the other is too plain to be ignored. In the case of an assignment, the assignor continues to be liable to be landlord for the performance of his obligation under the tenancy and this liability is contractual while the assignee becomes liable by reason of privity of estate. The consent of the landlord to an assign-ment is not necessary, in the absence of a contract or local usage to the contrary. But in the case of relinquishment, it cannot be a unilateral transac-tion; it can only be in favour of the lessor by mutual agreement between them. The relinquishment of possession must be to the lessor or one who holds his interest. In fact, a surrender or relinquishment terminates the lessee's rights and lets in the lessor, W. H. King v. Republic of India, AIR 1952 SC 156 (158): 1952 SCR 418. [Transfer of Property Act, 1882, s. 108(j)]...
Assignment and relinquishment
Assignment and relinquishment, in the case of an assignment, the assignor continues to be liable to the landlord for the performance of his obligation under the tenancy and this liability is contractual while the assignee becomes liable by reason of privity of estate. The consent of the landlord to an assignment is not necessary, in the absence of a contract or local usage to the contrary. But in the case of relinquishment, it cannot be a unilateral transaction; it can only be in favour of the lessor by mutual agreement between them. The relinquish-ment of possession must be to the lessor or one who holds his interest, W.H. King v. Republic of India, AIR 1952 SC 156 (158): 1952 SCR 418. [Transfer of Property Act, 1882, s. 108(j)]...
assign
assign 1 : to transfer (property or rights) to another [the general practice by inventors of ing patent rights "J. K. Owens"] 2 : to appoint to a post or duty [ed to represent the defendant] 3 : to fix or specify in relationship or correspondence [no party may as error the giving or the failure to give an instruction unless that party objects thereto "Federal Rules of Civil Procedure Rule 51"] as·sign·abil·i·ty [ə-sī-nə-bi-lə-tē] n as·sign·able [ə-sī-nə-bəl] adj as·sign·or [ə-sī-nər] n n : assignee ...
Official assignees
Official assignees, certain persons from the class of merchants or accountants who were appointed by the Lord Chancellor under the Bankruptcy Acts, 1849 and 1861, to act in bankruptcies; one of whom must have been an assignee of the bankrupt's estate and effects, together with the assignee or assignees chosen by the creditors. All the personal estate, the profits of the realty, and the proceeds of all such estates as were sold were received by such official assignees alone, and paid into the Bank of England to the credit of the Accountant in Bankruptcy. these officials cease to exist under the system of bank-ruptcy introduced in 1869 but the 'Official Receivers' established by the Act of 1883 greatly resemble them....
Assignee ad interim
Assignee ad interim, is an assignee appointed between the time of bankruptcy and appointment of a regular assignee, Black Law Dictionary 7th Edn., p. 114....
Provisional assignees
Provisional assignees, those who (under a former system of the bankruptcy law) were appointed under fiats in bankruptcy in the country to take charge of bankrupts' estates, etc., until the creditors' assignees were appointed....
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