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Immovable property

Immovable property, things rooted in the earth as in the case of trees and shrubs, are immovable pro-perty both within the General Clauses Act and the Transfer of Property Act, but in the latter, 'standing timber', 'growing crop' and 'grass' though rooted in earth are not included, Mahadeo v. State of Bombay AIR 1959 SC 735 (740): (1959) Supp 2 SCR 339. [General Clauses Act, 1897 (10 of 1897), s. 3(26)]Includes land, buildings, hereditary allowances, rights to ways, lights, ferries, fisheries or any other benefit to arise out of land, and things attached to the earth, or permanently fastened to anything which is attached to the earth, but not standing timber, growing crops nor grass. [Registration Act, 1908 (16 of 1908), s. 2 (6)]Trees are regarded as part of land because they are attached and rooted in the earth, Suresh Chand v. Kundan, (2001) 10 SCC 221 (224).Immovable property shall include land, benefits to arise out of land, and things attached to the earth, or permanently fastene...


Office

Office, an employment, either judicial, municipal (see CORPORATE OFFICE), civil, military, or ecclesiastical.As to obtaining offices by desert only, the repealed 12 Ric. 2, c. 2, enacted that--The Chancellor, Treasurer, . . . the Justices of the one bench and the other, Barons of the Exchequer and all other that shall be called to ordain, name, or make justices of the peace, sheriffs, . . . or any other officer or minister of the King shall be firmly sworn that they shall not ordain name, or make justice of peace, sheriff . . . nor other officer or minister of the King for any gift or brocage, favour or affection: nor that none that pursueth by him or by other privily or openly to be in any manner of office shall be put in the same office or in any other; but that they make all such officers and ministers of the best and most lawful men, and sufficient to their estimation and knowledge.Officia magistratus non debent esse venalia, (The offices of a magistrate ought not to be saleable.)L...


Land

Land, in its restrained sense, means soil, but in its legal acceptation it is a generic term, comprehend-ing every species of ground, soil or earth, whatso-ever, as meadows, pastures, woods, moors, waters, marshes, furze and heath; it includes also houses, mills, castles, and other buildings; for with the conveyance of the land the structures upon it pass also. And besides an indefinite extent upwards, it extends downwards to the globe's centre, hence the maxim, Cujus est solum ejus est usque ad c'lum et ad inferos; or, more curtly expressed, Cujus est solum ejus est altum. See Co. Litt. 4 a.In an (English) Act of Parliament passed after 1850 'land' includes messuages, tenements and hereditaments, houses, and buildings of any tenure, Interpretation Act, 1889, s. 3. By the Law of Property Act,1925, s. 205(1)(ix.), 'land' for the purposes of the Act includes land of any tenure, and mines and minerals, whether or not held apart from the surface, buildings or parts of buildings (whether th...


property

property pl: -ties [Anglo-French propreté proprieté, from Latin proprietat- proprietas, from proprius own, particular] 1 : something (as an interest, money, or land) that is owned or possessed see also asset, estate, interest, possession abandoned property : property to which the owner has relinquished all rights NOTE: When property is abandoned, the owner gives up the reasonable expectation of privacy concerning it. The finder of abandoned property is entitled to keep it, and a police officer may take possession of abandoned property as evidence without violating the Fourth Amendment to the U.S. Constitution. after-acquired property 1 : property (as proceeds) that a debtor acquires after the commencement of a bankruptcy case and that is usually considered part of the bankruptcy estate 2 : property acquired after the perfection of a lien or security interest ;esp : such property acquired after the creation of a lien or security interest that is subject to the lien or...


Active service

Active service. 'on active service,' as applied to a person subject to military law, is defined by the (English) Army Act (44 & 45 Vict. C. 58) as meaning 'whenever he is attached to or forms part of a force which is engaged in operations against the enemy or is engaged in military operations in a country or place wholly or partly occupied by an enemy or is in military occupation of any foreign country.'As applied to a person subject to this Act, means the time during which such person--(a) in attached to, or forms part of, a force which is engaged in operations against an enemy, or (b) is engaged in air force operations in, or is on the line of march to, a country or place wholly or partly occupied by an enemy; or (c) is attached to, or forms part of, a force which is in military occupation of any foreign country. [Air Force Act, 1950 (45 of 1950), s. 4 (i)] See also (5 of 1941), s. 2(a); (46 of 1950), s. 3(a)...


Debtor

Debtor, he that owes something to another. As to the meaning of 'debtor' in the Bankruptcy Act, 1914, see s. 1, sub-s. 2, of the Act. See CREDITOR and BANKRUPT.Debtor, in relation to an attachment of earnings order, or to proceedings in which a court has power to make an attachment of earnings order or to proceedings arising out of such an order, means the person by whom payment is required by the relevant adjudication to be made, Attachment of Earnings Act, 1971, sub-s. 2(e), 25(1) (UK) Halsbury's Laws of England 3(2), para 864, p. 465.In relation to a proposal for the purpose of Part VIII, means the individual making or intending to make that proposal; Insolvency Act, 1986, s. 385(1)(a) (UK) Halsbury's Laws of England 3(2), para 76, p. 466.Means the person to whom a motor vehicle is bailed under such an agreement, Shogum Finance Ltd. v. Hudson [HL (E)], (2003) 3 WLR [Hire-Purchase Act, 1964, s. 29(4)]In relation to a motor vehicle which has been bailed under a hire-purchase agreement...


Forest Courts

Forest Courts, fallen into absolute desuetude. They were instituted for the government of the royal forests in different parts of the kingdom, and for the punishment of all injuries done to the deer or venison, to the vert or greensward, and to the covert in which such deer were lodged. They consisted of the Courts of attachments, regard, sweinmote, and justice-seat. The Court of attachments, woodmote, or forty days' Court, was held before the verderers of the forest once in every forty days, to inquire into all offences against vert and venison. The Court of regard, or survey of dogs, held every third year, for the expeditation of mastiffs. The Court of sweinmote, held before the verderers thrice in every year, the sweins or freeholders within the forest composing the jury. It inquired into the oppressions and grievances committed by the officers of the forest, and tied presentments certified from the Court of attachments against offences in vert and venison. The Court of justice-seat...


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 ...


Workman

Workman, does not include an apprentice/trainee appointed under the Apprentices Act, 1961, Dhampur Sugar Mills v. Bhola Singh, (2005) 2 SCC 470. [Uttar Pradesh Industrial Disputes Act, 1947 (28 of 1947), s. 2(z)]Here includes an employee employed as supervisor. There are only two circumstances in which such a person ceases to be a workman. Such a person is not a workman if he draws wages in excess of Rs. 500 per month or if he performs managerial functions by reason of a power vested in him or by the nature of duties attached to his office, All India Reserve Bank Employees' Association v. Reserve Bank of India, AIR 1966 SC 305: (1966) 1 SCR 25.The term 'workman' as used in s. 33C(2) includes all persons whose claim, requiring computation under this sub-s., is in respect of an existing right arising from his relationship as an industrial workman with his employer, National Buildings Construction Corporation Ltd. v. Pritam Singh Gill, AIR 1972 SC 1579: (1972) 2 SCC 1: (1973) 1 SCR 40.Car...


garnish

garnish [Anglo-French garniss-, stem of garnir to garnish, give legal summons, warn, from Old French, of Germanic origin; akin to Old High German warnōn to take heed] 1 : to subject (property or money) to garnishment 2 : to seek satisfaction of (a debt) through garnishment compare attach, levy ...



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