Belonging - Law Dictionary Search Results
Home Dictionary Name: belonging Page: 5Annexation
Annexation, the union of lands to the Crown, and declaring them inalienable. Also the appropriation of the church lands by the Crown, and the union of land lying at a distance from the parish church to which they belong, to the church of another parish to which they are contiguous. The permanent occupation by a sovereign state of the territory formerly belonging to another, and see RES NULLIUS. As to concessions granted by the former sovereign prior to annexation, see Cook v. Sprig, 1899 AC 572. The financial liabilities of a conquered state are not after annexation binding on the conquering state. See West Rand Gold Mining Co. v. R., 1905 (2) KB 391.Occurs when the Occupying Power acquires and makes the occupied territory as its own. Annexation gives a de jure right to administer the territory. Annexation means that there is not only possession but uncontested sovereignty over the territory, Rev. Mons Sebastio Fransisco Xavier Dos Remedios Monterio v. State of Goa, (1969) 3 SCC 419: A...
Estrays
Estrays, such valuable animals as are found wandering in a manor or lordship, the owner whereof is not known; in which case the law gives them to the Sovereign, and they now most commonly belong to the lord of the manor by special grant from the Crown. But they must be proclaimed in the church and two market towns next adjoining to the place where they are found; and then, if no person claim them, after proclamation and a year and a day passed, they belong to the Sovereign or his substitute, without a redemption, even though the owner was a minor or under any other legal incapacity. The doctrine of estrays is only applicable to animals domit' natur', 2 Steph. Com.A valuable tame animal founds wandering and ownerless; an animal that his escaped from its owner and wanders about, Black's Law Dictionary, 7th Edn., p. 572....
Partners of a firm
Partners of a firm, the status of a partner qua the firm with reference to the provisions of the Partnership Act, the concept of 'employer' and 'employee' and the importance of the definition of 'wages' as also various Indian and foreign decisions are clearly indicative of the principle that a partner who belongs to the class of employer cannot rank as employee because he also works for wages for the partnership. In common parlance the status of a partner qua the firm is thus different from em-ployees working under the firm. It may be that a partner is being paid some remuneration for any special attention which he devotes but that would not involve any change of status and bring him within the definition of employee. In a partnership firm, which is not a legal entity, each partner acts as an agent of the other. The position of a partner qua the firm is thus not that of a master and a servant or employer and employee which concept involves an element of subordination but that of equali...
Finder of goods
Finder of goods, in a public place or shop, acquires a special property in them, available against all the world, except the true owner, who may recover them at anytime within six years; the finder is bound, however, before appropriating them to his own use, to take all the means in his power to discover the owner. If the property had not been designedly abandoned, and the finder knew who the owner was, or with due exertion could have discovered him, he is guilty of larceny if he keep and appropriate the Articles to his own use, see R. v. Thurborn, (1849) 1 Den CC 387; R. v. Ashwell, (1886) 16 QBD 215.Goods found on private property belong to the owner of such property, see South Staffordshire Water Co. v. Sharman, (1896) 2 QB 44, where two rings found in the mud of a pool by a workman employed amongst others to clean the pool out were recovered from the workman by the owners of the pool; and goods found buried in the earth belong to the Crown as against the finder, but not as against ...
Using a false property mark
Using a false property mark, whoever marks any movable property or goods or any case, package or other receptacle containing movable property or goods, or uses any case, package or other receptacle having any mark thereon, in a manner reasonably calculated to cause it to be believed that the property or goods so marked, or any property or goods contained in any such receptacle so marked, belong to a person to whom they do not belong, is said to use a false property mark. (Indian Penal Code, s. 481)...
Runrig lands
Runrig lands. Lands in Scotland where the ridges of a field belong alternately to different proprietors. Anciently this kind of possession was advant-ageous in giving a united interest to tenants to resist inroads. By Act 1695, c. 23, a division of these lands was authorized, with the exception of lands belonging to corporations....
Reprisal
Reprisal, the taking one thing in satisfaction for another. Reprisals are used between nation and nation, in order to do themselves justice, when they cannot otherwise obtain it. If a nation has taken possession of what belongs to another-if she refuses to pay a debt, to repair an injury, or to give adequate satisfaction for it-the latter seizes something belonging to the former, and applies it to her own advantage, unless she obtains payment of what is due to her, together with interest and damages, or may keep it as a pledge until she has received ample satisfaction. For the latter it is rather a stoppage or a seizure than reprisals, but they are frequently confounded in common language, Vattel, by Chit. 283. Reprisals are either ordinary, as arresting and taking the goods of merchant-strangers within the realm, or extra-ordinary, as satisfaction out of the realm, and are under the Great Seal, Lex Mercat. 120. See also RECAPTION; CAPIAS IN WITHERNAM; LETTERS OF MARQUE.The use of forc...
Reconversion
Reconversion, on 'reconversion' to Hinduism, a person can once again become a member of the caste in which he was born and to which he belonged before conversion to another religion, if the members of the caste accept him as a member. Hence on reconversion to Hinduism, a person can once again become a member of the scheduled caste to which he belonged prior to his conversion for the social and economic disabilities once again revive and become attached to him, C.M. Arumugam v. S. Rajgopal, AIR 1976 SC 939 (949): (1976) 1 SCC 863: (1976) 3 SCR 82.The national or imaginary process by which an earlier constructive conversion-meaning a change of personal into real property or real into personal property is annulled and taken away; and converted property restored to its originals quality, Black's Law Dictionary, 7th Edn., p. 1278....
Quicquid plantatur solo, solo cedit
Quicquid plantatur solo, solo cedit. Off. Of Exec. 47, (Whatever is affixed to the soil, belongs to the soil.) Therefore, if A. builds on B.'s land, the building becomes the property of B. see FIXTURES.The maxim 'quicquid fixatur solo, solo cedit whatever is fixed to soil, goes with or belongs to the soil which is a rule of the common law of England. But that rule has not been accepted in India, Patnaik and Co. v. State of Orissa, AIR 1965 SC 1655 (1658)....
Public policy
Public policy, connotes some matter which concerns public good and the public interest. Expression does not admit of precise definition. Concept of 'public policy' is considered to be vague, susceptible to narrow or wider meaning depending upon the content in which it is used, Oil and Natural Gas Corporation Ltd. v. Saw Pipes Ltd., AIR 2003 SC 2629.Public policy, connotes some matter which concerns the public good and the public interest, Central Inland Water Transport Corporation Ltd. v. Broja Nath Ganguly, AIR 1986 SC 1571; Shri Parsar v. Municipal Board, (1997) 1 WLC 443.Public policy, demands that where fraud might have been contemplated but was not perpetrated, the defendants should not be allowed to perpetrate a new fraud. If the illegality of the transaction is trivial or venial and the plaintiff is not required to rest his case upon that illegality, then public policy demands that the defendant should not be allowed to take advantage of the position, Kedar Nath Motani v. Prahla...
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