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Property

Property, an actionable claim against the tenants is undoubtedly a species of property which is assignable, State of Bihar v. Kameshwar Singh, AIR 1952 SC 252.Comprises every form of tangible property, even intangible, including debts and chooses in action such as unpaid accumulation of wages, pension, cash grants, and constitutionally protected privy purse, See M.M. Pathak v. Union of India, AIR 1978 SC 802.Decree is to be treated as property, Associated Hotels of India v. Jodha Mal Kuthiala, AIR 1950 Punj 201.Every movable property is included in the ordinary connotation of the word 'property', Chunni Lal v. State, AIR 1968 Raj 70.In commercial law this may carry its ordinary meaning of the subject-matter of ownership. But elsewhere, as in the sale of goods it may be used as a synonym for ownership and lesser rights in goods, Dictionary of Commercial Law by A.H. Hudson, (1983, Edn.).In Entry 42, List III (Constitution of India) includes the power to legislate for acquisition of an un...


Quoad sacra

Quoad sacra, means as to sacred things; for religious purposes. This term often referred to property that was located so far from the parish to which it belonged that it was annexed quoad sacra to another parish, allowing the inhabitants to attend the closer parish's services. But the land continued to belong to the original parish for all civil purposes, Black's Law Dictionary, 7th Edn., p. 1262....


Owner

Owner, for the purposes of the Public Health Act, 1936, s. 343, replacing s. 4 of the Public Health Act, 1875, the Factory and Workshop Act, 1901, and the London Building Acts (Amendment) Act (5 Edw. 7, c. ccix.), 'the person for the time being receiving the rack-rent of the premises in connection with which the word is used, whether on his own account or as agent or trustee, or who would so receive the same if the same were let at a rack-rent' (see that title), and Kensington Corporation v. Allen, (1926) 1 KB 576.In relation to an industrial undertaking, means the person who, or the authority which, has the ultimate control over the affairs of the undertaking, and, where the said affairs are entrusted to a manager, managing director or managing agent, such manager, managing director or managing agent shall be deemed to be the owner of the undertaking. [Industries (Development and Regulation) Act, 1951 (65 of 1951), s. 3 (f)]In relation to an undertaking, means an individual Hindu undi...


Omne quod solo in'dificatur solo cedit

Omne quod solo in'dificatur solo cedit. Dig. 47, 3. 1, (Everything which is built upon the soil belongs to the soil.) Similarly, Quicquid plantatur solo, solo cedit. (Whatever is planted in the soil belongs to the soil) See FIXTURES....


Occupancy

Occupancy, mere possession or use either by agreement or otherwise without other claim (if any) to the ownership or enjoyment of property, also taking possession of land to which no one else lays claim or without leave of the owner.The right of occupancy has been confined by the laws of England within a very narrow compass, e.g., where a person was tenant pur autre vie, or had an estate granted to himself only (without mentioning his heirs) for the life of another man, and died without alienation, during the life of the cestui que vie, or him by whose life it was holden; in this case, he that entered first on the land was called the occupant or common occupant and might lawfully retain the possession so long as the cestui que vie lived, by right of occupancy, see Re Michell, Moore v. Moore, (1892) 2 Ch 96. The title of common occupancy is now, in effect abolished, for it is enacted by the Wills Act, 1837, s. 3, that an estate pur autre vie, of whatever tenure, and whether it be an inco...


Novell'

Novell', those constitutions of the Civil law which were made after the publication of the Theodosian code; but sometimes the Julian edition only is meant.Novell', or Novell' Constitutiones, from a part of the Corpus Juris. Most of them were published in Greek, and their Greek title is Avtokpatopos' Invotiviavov Auyovotov nepai Siataeves. Some of them were published in Latin, and some in both languages.The first of these Novell' of Justinian belongs to the year A.D. 535 (Nov. 1), and the latest on the year A.D. 565 (Nov. 137), but most of them were published between the years 535 and 539. These Constitutiones were published after the completion of the second edition of the Code, for the purpose of supplying what was deficient in that work. Indeed, it appears that on the completion of his second edition of the new Code, the emperor designed to form many new constitutions which he might publish into a body by themselves, so as to render a third revision of the Code unnecessary, and that ...


Libera chasea habenda

Libera chasea habenda, a judicial writ granted to a person for a free chase belonging to his manor, after proof made by inquiry of a jury that the same of right belongs to him, Reg. Brev. 36....


Letters of marque

Letters of marque, commissions for extraordinary reprisals for reparation to merchants taken and despoiled by strangers at sea, grantable by the Secretaries of State, with the approbation of the Sovereign and Council; and usually in time of war, etc., ex Merc. 173. The words marque and reprisal are used as synonymous terms, although the latter is, strictly, taking in return; the former passing the frontiers in order to such taking, Du Cange, tit. 'Marcha.'These letters are grantable by the law of nations, wherever the subjects of one state are oppressed and injured by those of another, and justice is denied by that state to which the oppressor belongs. In this case letters of marque and reprisal may be obtained in order to seize the bodies or goods of the subjects of the offending state, until satisfaction be made, wherever they happen to be found; and, in fact, this custom seems dictated by nature. The necessity, however, is obvious of calling in the sovereign power to determine when ...


Omnia qua sunt uxoris sunt ipsius viri; non habet uxor potestatem sui, sed vir

Omnia qua sunt uxoris sunt ipsius viri; non habet uxor potestatem sui, sed vir [Lat.], all things which belong to the wife belong to the husband; the wife has power of her own, the husband has it all...


Institutions

Institutions. It was the object of Justinian to comprise in his Code and Digest, or Pandects, a complete body of law. But these works were not adapted to the purposes of elementary instruction, and the writings of the ancient jurists were no longer allowed to have any authority, except so far as they had been incorporated in the digest, Smith's Dict. of Antiq. It was therefore necessary to prepare an elementary treatise, and the Institutes were published a month before the Pandects, A.D. 533, and designed as an elementary introduction to legal study (legum cunabula). The work was divided into four books, subdivided into titles.The Institutes are the elements of the Roman Law, and were composed at the command of the Emperor Justinian, by Trebonian, Dorotheus, and The ophilus, who took them from the writings of the ancient lawyers, and chiefly from those of Gaius especially from his Institutes and his books called Aureorum (i.e., of important matters).The Institutes are divided into four...



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