Attache - Law Dictionary Search Results
Home Dictionary Name: attache Page: 4Movable property
Movable property, includes growing crops. [Code of Civil Procedure, 1908 (5 of 1908), s. 2 (13)]It includes standing timber, growing corps and grass, fruit upon and juice in trees, and property of every other description, except immovable property. [Registration Act, 1908 (16 of 1908), s. 2 (9)]The words 'movable property' are intended to include corporal property of every description, except land and things attached to the earth or permanently fastened to anything which is attached to the earth. [Penal Code, 1860 s. 22]Movable property shall mean property of every description, except immovable property. [General Clauses Act, 1897 (10 of 1897), s. 3(36)]...
Fixtures
Fixtures. Things of an accessory character which are not something which is part of the original struc-ture, Boswell v. Crucible Steel Co., (1925) 1 KB 119, annexed to houses or lands, which become, immediately on annexation, part of the realty itself, i.e., governed by the same law which applies to the land, in conformity with the maxim quicquid plantatur solo, solo cedit. The application of this legal principle, however, is not uniform, as may be thus shown:(1) Between landlord and tenant. If the chattels be not let into the soil, they are not fixtures at all, and may be removed at will, like any other species of personal property. When the chattel is connected with the free-hold, by being let into the earth, or by being cemented or otherwise united to some erection attached to the ground, the question arises-when may the tenant remove such fixtures?The general rule as to annexations made by a tenant during the continuance of his term is the following-Whenever he has affixed anything...
Garnishee
Garnishee, a debtor who has been warned to pay his debt not to his own creditor but to some third party who has obtained a final judgment against the creditor. The order thus arresting the debt in the hands of the debtor is called a 'garnishee order.' See (English) R.S.C., Ord. XLV. See ATTACHMENT LESS OF DEBTS; FOREIGN ATTACHMENT.A person or constitution (Such as bank) that is intended to or is bailee for another whose property has been subjected to garnishment, Black's Law Dictionary, 7th Edn., p. 689....
Incumbrance
Incumbrance, a claim, lien, or liability attached to property; as a mortgage, a registered judgment, etc.This is the sense in which the term is ordinarily used. An encumbrance in this sense has to be liability 'attached to property', it must be a burden or liability that runs with the land, National Textile Corporation v. State of Maharashtra, AIR 1977 SC 1566: (1977) 3 SCC 4: (1977) 3 SCR 525....
Judgment-debtor
Judgment-debtor, means any person against whom a decree has been passed or an order capable of execution has been made. [Code of Civil Procedure, 1908, s. 2 (10)]One against whom a judgment ordering him to pay a sum of money stands unsatisfied. He may, by order of the Court or judge, be orally examined by the judgment creditor as to debts owing to him by third parties, and be compelled to produce books and documents, with a view to attaching any debts due to him [(English) R.S.C. 1883, Ord. XLV., r. 1]. See ATTACHMENT OF DEBTS....
Kudiyiruppu
Kudiyiruppu, 'kudiyiruppu' means a holding or part of holding consisting of the site of any residen-tial building, the site or sites of other buildings appurtenant thereto, such other lands as are necessary for the convenient enjoyment of such re-sidential building and easements attached thereto, but does not include a kudikidappu, Kuchiyan Govinda Swami v. Kalliani Amma Lakshmi Amma, AIR 1966 SC 1937 (1939): (1966) Supp SCR 135. [Kerala Land Reforms Act, 1963 (1 of 1964), s. 2(28)]Means a plot of ground can become a kudiyiruppu only when it forms or includes the site of a residential building. In other words, a vacant site not attached to a residential building will not be a kudiyiruppu, Sainavabu Umma v. Kunhammad, 1957 Ker LT 563: 1957 Ker LJ 503....
Lien
Lien [answering to the tacita hypotheca of the Civil Law], a right in one man to retain that which is in his possession belonging to another, until certain demands of the person in possession are satisfied. It is neither a jus in re, nor a jus ad rem--i.e., it is not a right of property in the thing itself, or right of action to the thing itself.It is either particular, as a right to retain a thing for some charge or claim growing out of, or connected with, the identical thing; or general, as a right to retain a thing not only for such charges or claims, but also for a general balance of accounts between the parties in respect to other dealings of the like nature.General and particular liens may arise: (1) by an express contract; (2) by an implied contract, resulting from the usage of trade, or the manner of dealing between parties. General lines are not favoured in law, but some judicially recognized general lines are bankers', solicitors', factors', stockbrokers'. See Halsb. L.E., ti...
Magna Carta
Magna Carta, [Latin 'great charter'] The English charter that King John granted to the barons in 1215 and Henry III and Edward I later confirmed. It is generally regarded as one of the great common-law documents and as the foundation of constitution liberties. The other three great charters of English Liberty are the Petition of Right (3 Car. (1628)), the Habeas Corpus Act (31 Car. 2 (1679)), and the Bill of Rights (1 Will. SM. (1689)). Also spelled Magna charta, Black's Law Dictionary, 7th Edn., p. 963.This Great Charter is based substantially upon the Saxon Common Law, which flourished in this kingdom until the Normaninvasion consolidated the system of feudality, still the great characteristic of the principles of real property. The barons assembled at St.Edmund's Bury, in Suffolk, in the later part of the year 1214, and there solemnly swore upon the high alter to withdraw their allegiance from the Crown, and openly rebel, unless King John confirmed by a formal charter the ancient li...
Motor vehicle
Motor vehicle, means any mechanically propelled vehicle adapted for use upon roads whether the power of propulsion is transmitted thereto from an external or internal source and includes a chassis to which a body has not been attached and a trailer; but does not include a vehicle running upon fixed rails or a vehicle of a special type adapted for use only in a factory or in any other enclosed premises or a vehicle having less than four wheels fitted with engine capacity of not exceeding [twenty-five cubic centimetres]. [Motor Vehicles Act, 1988 (59 of 1988), s. 2 (28)]A 'motor vehicle' means any mechanically propelled vehicle adapted for use upon roads whether the power of propulsion is transmitted thereto from an external or internal source and includes a chassis to which a body has not been attached and a trailer; but does not include a vehicle running upon fixed rails or a vehicle of a special type adapted for use only in a factory or in any other enclosed premises', Automotive Manu...
Private transfer
Private transfer, means the expression 'private transfer', occurring in s. 64, C.P.C. would only mean a transfer by person against whom the attachment was made or prohibitory order was issued in respect of immovable property or whose interest, including that of his legal representative, is attached, but would not include a sale or transfer made by mortgagee with a power of sale, S.V.S. Davey & Sons v. P.M. Narainaswamy, 1983 Mad 217: (1983) 96 Mad LW 1: ILR 1983 (1) Mad LW 1: ILR 1983 (1) Mad 321: (1983) 2 Mad LJ 534....
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