Assignment And Relinquishment - Law Dictionary Search Results
Home Dictionary Name: assignment and relinquishmentAssignment 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)]...
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)]...
Relinquishment
Relinquishment, a relinquishment takes place when the owner withdraws himself from the property and abandons his rights thereto, CIT v. Rasiklal Maneklal, AIR 1989 SC 1333: (1989) 2 SCC 454: (1989) 2 SCR 179. (Income Tax Act, 1961, s. 45)Relinquishment, forsaking, or giving up.The abandonment of a right or thing, Black's Law Dictionary, 7th Edn., p. 1294.Means a release of a claim or portion of it. The essential features of a transaction of relinquishment can be clearly specified. In a transaction of relinquishment the property in which interest is relinquished continues to exist, the property continues to be accrued by some person or persons even after the transaction of relinquishment and the interest of the person even after relinquishing his interest in the property is either given up or abandoned or surrendered. Relinquishment also presupposes that the property in which the interest is relinquished continues to be in existence, C.I.T. v. Rasiklal, (1974) 95 ITR 656 (663)....
Relinquishment of interest by partner
Relinquishment of interest by partner, means relin-quishment of interest by a partner by executing a deed of relinquishment in favour of other existing partners of the firm, having both movable and immovable properties, is not necessary, Nariman Aspandiar Irani v. Adi Merwan Irani, 1989 Bom 362....
Transfer, relinquishment and exchange
Transfer, relinquishment and exchange, an exchange involves the transfer of property by one person to another and reciprocally the transfer of property by that other to the first person. A 'relinquishment' takes place when the owner withdraws himself from the property and abandons his right thereto, Commissioner of Income Tax v. Rasiklal Maneklal, AIR 1989 SC 1333 (1335): (1989) 2 SCC 454....
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...
Relinquisher
One who relinquishes...
Relinquishment
The act of relinquishing...
Assign
Assign, variously applied; generally to transfer property, especially personal estate, or set over a right to another, or appoint a deputy; to set forth, as to assign error, false judgment; to new assign was, under the old practice, a pleading by the plaintiff following the defendant's plea wherein the plaintiff pointed out the exact grievance meant to be complained of in his declaration, and not met by the defendant in his plea. The Judges are said to be assigned to take assizes. See ASSIGNMENT....
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