Commonly - Law Dictionary Search Results
Home Dictionary Name: commonlyCommon
Common, a profit which a man has in the land of another; it derives its name from the community of interest which thence arises between the claimant and the owner of the soil, or between the claimant and other commoners entitled to the same right; all which parties are entitled to bring actions for injuries done to their respective interests, and that both as against strangers and against each other. It is called an incorporeal right, which lies in grant, as if originally commencing in some agreement between lords and tenants, for some valuable consideration which, by lapse of time, being formed into a prescription, continues, although there be no deed or instrument in writing which proves the original contract or agreement. It differs from a rent, principally in freedom of enjoyment on the one hand, and in freedom from obligation on the other; which the law expresses by the quaint antithesis that it lies not in render but in prender. It is also incidentally distinguished by its fruits...
Common stock or common hotchpot
Common stock or common hotchpot, the doctrine of throwing into common stock inevitably postulates that the owner of a separate property is a coparcener who has an interest in the coparcenary property and desires to blend his separate property with the coparcenary property. The existence of a coparcenary is absolutely necessary before a coparcener can throw into the common stock his self-acquired properties. The separate property of a member of a joint Hindu family may be impressed with the character of joint family property if it is voluntarily thrown by him into the common stock with the intention of abandoning his separate claim therein. The separate property of a Hindu ceases to be a separate property and acquires the characteristic of a joint family or ancestral property not by any physical mixing with his joint family or his ancestral property but by his own volition and intention by his waiving and surrendering his separate rights in it as separate property. The act by which the ...
Common Intention, common object
Common Intention, common object, under s. 34 when a criminal act is done by several persons in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him alone. The words 'in furtherance of the common intention of all' are a most essential part of s. 34 of the Indian Penal Code. It is common intention to commit the crime actually committed. This common intention is anterior in time to the commission of the crime. Common intention means a pre-arranged plan. On the other hand, s. 149 of the Indian Penal Code speaks of an offence being committed by any member of an unlawful assembly in prosecution of the common object of that assembly, Devilal v. State of Rajasthan, (1971) 3 SCC 471: AIR 1971 SC 1444 (1446). [Indian Penal Code (45 of 1860), ss. 34 and 149]...
Common compound
Common compound, the aforesaid meaning of the term 'common' read in the light of term 'compound' as an adjective makes it very clear that if the compound land is shared in common by occupants of number of building situated there in it would be a common compound for them, Municipal Board, Shaharanpur v. Imperial Tobacco of India Ltd., AIR 1999 SC 264.Common compound, any land used in common by the occupants of buildings situated in such common land can be said to form a 'common compound' covering all such buildings and once that conclusion is reached, Municipal Board Saharanpur v. Imperial Tobacco of India Ltd., (1999) 1 SCC 566....
Tenancy in Common
Tenancy in Common. Legal estate in undivided shares inland has been abolished by the Law of Property Act, 1925, s. 1, which reduced the interest of tenants-in-common to that of a cestui que trust under a trust for sale of land. The following notes have been kept verbatim to explain titles as they existed immediately before 1926. This estate is created when several persons have several distinct estates, either of the same or of a different quantity, in any subject of property, in equal or unequal shares, and either by the same act or by several acts, and by several titles, and not a joint title. A tenancy-in-common will, as a rule, be construed to exist wherever the instrument creating it indicates that the land is to be held in shares, equally, or in moieties, or the nature of the transaction is such as to preclude the intention of survivorship such as an acquisition of land by partners for the purposes of their business.A tenancy-in-common differs from a joint-tenancy in this respect:...
common
common 1 a : of or relating to a community at large : public [ defense] b : known to the community [a thief] 2 : belonging to or shared by two or more persons or things or by all members of a group [when the insured and the beneficiary perish in a disaster] [ areas of the building] 3 : of or relating to common stock [ shares] n 1 pl cap : house of commons 2 : the legal right of taking a profit in another's land in common with the owner or others [the of estovers] [the of pasture] 3 : a piece of land subject to common use: as a : land jointly owned and used esp. for pasture b : a public open area in a municipality 4 : a condition of shared ownership : a condition in which a right is shared with an interest held by another person [held the estate in ] see also tenancy in common at tenancy compare severalty 5 : common stock at stock ...
Common object
Common object, 'common object' is different from a 'common intention' as it does not require a prior concert and a common meeting of minds before the attack. It is enough if each has the same object in view and their number is five or more and that they act as an assembly to achieve that object. The 'common object' of an assembly is to be ascertained from the acts and language of the members composing it, and from a consideration of all the surrounding circumstances. It may be gathered from the course of conduct adopted by the members of the assembly, State of Maharashtra v. Kashirao, AIR 2003 SC 3901 (3905): (2003) 10 SCC 434. (Penal Code, 1860, s. 141)Common object, the word object means the purpose or design and in order to make it common it must be shared by all, Charan Singh v. State of Uttar Pradesh, (2004) SCC 205....
Common employment
Common employment. The general rule that a master is liable for damage caused by the negligence of his servant has the exception that where the person injured is the fellow-servant of and engaged in common employment with the person whose negligence causes the injury, the master is not liable in an action at Common law. The principle upon which the exception rests is that 'a servant who engages for the performance of services for compensation does as an implied part of the contract take upon himself, as between himself and his master, the natural risks and perils incident to the performance of such services; the presumption of law being that the compensation was adjusted accordingly, or, in other words, that these risks are considered in the wages' [per Balckburn, J., Morgan v. Vale of Neath R. Co., (1864) 5 B&S 578]. For review of cases, see Bray, J., in Cribb v. Kynoch, Ltd., (1907) 2 KB 548. The doctrine applies in spite of difference in rank or grade between the two servants, e.g.,...
Common Law
Common Law [lex communis, Lat.]. 'The phrase 'common law' is used in two very different senses. It is cometimes contrasted with equity; it then denotes the law which, prior to the Judicature Act, was administered in the three ' superior ' Courts of law at Westminster, as distinct from that administered by the Court of Chancery at Lincoln's Inn. At other times it is used in contradistinction to the statute law, and then denotes the unwritten law, whether legal or equitable in its origin, which does not derive its authority from any express declaration of the will of the Legislature. This unwritten law has the same force and effect as the statute law. It depends for its authority upon the recognition given by our Law Courts to principles, customs, and rules of conduct previously existing among the people. This recognition was formerly enshrined in the memory of legal practitioners and suitors in the Courts; it is now recorded in the voluminous series of our law reports which embody the d...
Common object, common intention
Common object, common intention, 'common object' is different from a 'common intention' as it does not require a prior concert and a common meeting of minds before the attack. It is enough if each has the same object in view and their number is five or more and that they act as an assembly to achieve that object, Chanda v. State of Uttar Pradesh, (2004) 5 SCC 141 (147). (Indian Penal Code, 1860, s. 149)...
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