Collateral Power - Law Dictionary Search Results
Escheat
the intestate tenant, having been a bastard, did not leave any lineal descendants, since he cannot have any collateral descendants. By the (English) Intestates Estate Act, 1884 (47 & 48 Vict. c. 71), s. 4, now repealed … (Re Hartleg, 1899, P. 40); nor were the rights of the Crown affected by a sale under the powers of the (English) Settled Land Acts [Re Bond, (1901) 1 Ch 15]. But the Crown, the Duchy of
Trust
the cestui que trust, or beneficiary), not, however, issuing out of real or personal property, but as a collateral incident accompanying it, annexed in privity to (i.e., commensurate with) the interest in such property, and also to … in contemplation of equity, the substantial ownership of or control over property, the person having the ownership or power can create a trust in favour of another person or in his own favour [Law of Property Act,
property
acquired after the creation of a lien or security interest that is subject to the lien or becomes collateral for the security interest 3 : property transferred to the estate of a decedent after execution of the … entitled to receive income in payments made at least annually for life and that no one has a power to appoint any part of the property to any person other than the surviving spouse see also QTIP
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Limitation of actions and prosecutions
except in the case of mortgage debts which are now barred after twelve years, whether by covenant or collateral bond, by the R.P. Act, 1874, s. 8. See (English) CPC, 1833 (3 & 4 Will. 4, c. … they are punishable on summary conviction, in which cases the period is six months, by the (English) Summary Jurisdiction Act, 1848 (11 & 12 Vict. c. 43), and there are many other statutory limitations on prosecutions of
Illegal, incorrect or irregular decree and void decree
a nullity. Validity of such decree or order can be challenged at any stage, even in execution or collateral proceedings. All irregular or wrong decrees or orders are not necessarily null and void. An erroneous or illegal … incorrect, irregular or not in accordance with law cannot be overlooked or ignored. Where a court lacks inherent jurisdiction in passing a decree or making an order, a decree or order passed by such court would be
Void decree, illegal decree
a nullity. Validity of such decree or order can be challenged at any stage, even in execution or collateral proceedings, Balwant N. Vishwamitra v. Yadav Sadashiv Mule, (2004) 8 SCC 706. … incorrect, irregular or not in accordance with law cannot be overlooked or ignored. Where a court lacks inherent jurisdiction in passing a decree or making an order, a decree or order passed by such court would be
Void and voidable
declaration is necessary, law does not take any notice of the same and it can be disregarded in collateral proceeding or otherwise. The other type of void act, e.g., may be transaction against a minor without being … expression 'void' has several facets. One type of void acts, transactions, decrees are those which are wholly without jurisdiction, ab initio void and for avoiding the same, no declaration is necessary, law does not take any notice
obligation
or agreement (as a contract) that binds one to a specific performance (as payment) ;also : the binding power of such an agreement or indication [held that the amendment did not unconstitutionally impair the s of contracts … Co., 521 N.W.2d 366 (1994)"] 2 : a debt security (as a corporate or government bond) see also collateralized mortgage obligation 3 : what one is obligated to do, satisfy, or fulfill: as a : a commitment
Equity of redemption
of redemption after the mortgagor has made default in payment must not be confounded with a subsidiary or collateral right in terms of the contract, which is a different thing altogether; see Cummins v. Fletcher, (1880) 14 … by the mortgagor to the mortgagee; (2) a sale of the mortgaged property by the mortgagee under a power of sale; (3) a decree for foreclosure by the Court; (4) lapse of time (twelve years) under the
right
used in pl. [a security interest is not enforceable…and does not attach unless…the debtor has s in the collateral "Uniform Commercial Code"] [leasing mineral s] see also real right e pl : the interest in property possessed … to distinguish from wrong] 2 : something to which one has a just claim: as a : a power, privilege, or condition of existence to which one has a natural claim of enjoyment or possession [the of
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