Constructive Condition - Law Dictionary Search Results
Home Dictionary Name: constructive condition Page: 4 Page 4 of about 54 results (0.004 seconds)Registration of title of land
Registration of title of land. The (English) Land Registration Act, 1925 (15 Geo. 5, c. 21), repeals and re-enacts the (English) Land Transfer Acts, 1875 (38 & 39 Vict. c. 87) and 1897 (60 & 61 Vict. c. 65), with amendments in keeping with innovations which were introduced by the property laws of 1925. Its object is to simplify the indicia of land ownership and transfer by mere inscription and transcription in a register. The advantages which are claimed for the system are (a) purchasers for value of an absolute or good leasehold title are absolved from any inquiry into the title other than it is shown to be on the register; (b) certain equitable claims which would be binding on the land under the general law and cannot be removed or over-reached without onerous formalities do not affect such purchasers; (c) the method of conveyance or charge is simple; (d) subject to the statutory provisions, registration guarantees the title to purchasers for value and mortgagees. It should be observ...
Sufficient cause
Sufficient cause, for non-appearance refers to the date on which the absence was made a ground for proceeding ex parte and cannot be stretched to rely upon other circumstances anterior in time, Tea Auction Ltd. v. Grace Hill Tea Industry, AIR 2007 SC 67.Sufficient cause is an expression which is found in various statues. It has been construed liberally in keeping with its ordinary dictionary meaning as adequate or enough. That is, any justifiable reason resulting in vacation has to be understood as sufficient cause. For instance economic difficulty or financial stringency or family reasons may compel a landlord to let out a building in his occupation. So long as it is found to be genuine and bona fide it would amount to vacating a building for sufficient cause, Surinder Singh Sibia v. Vijay Kumar Sood, AIR 1992 SC 1540 (1541): (1992) 1 SCC 70. [H.P. Urban Rent Control Act, 1987, s. 14(3), Proviso 2]The expression 'sufficient cause' cannot be cons-trued too liberally, merely because the...
Tail
Tail [fr. tailler, Fr., to prune]. An estate-tail was formerly a freehold of inheritance and is now an equitable interest which may be created after 1925 in respect of personalty as well as realty by way of trust and which (if not barred or disposed of by will after 1925) will devolve inequity on the person who would have taken realty as heir of the body or as tenant by the curtesy if the Law of Property Act, 1925, had not been passed [s. 130 (4) (ibid.)]The limitation of an estate so that it can be inherited only by the fee owner's issue or class of issue, Black's Law dictionary 7th Edn., p. 1466.An estate-tail in land now constitutes a settlement. [(English) Settled Land Act, 1925, s. 1]With this and other statutory modifications under the (English) Law of Property Act, 1925, the rules relating to this form of estate are still applicable (a) in the investigation of all titles to land in existence on the 31st December, 1925; (b) in the construction of equitable interests into which th...
Insurance
Insurance, see, Income-tax Act, 1961 (43 of 1961), s. 80C, Expl. 1.Insurance, the act of providing against a possible loss, by entering into a contract with one who is willing to give assurance, that is, to bind himself to make good such loss should it occur. In this contract, the chances of benefit are equal to the insured and the insurer. The first actually pays a certain sum, and the latter undertakes to pay a larger, if an accident should happen. The one renders his property secure; the other receives money with the probability that it is clear gain. The instrument by which the contract is made is called a policy; the stipulated consideration, a premium. As to what is known as a coupon policy, i.e., a coupon cut out of a diary, etc., see General Accident, etc., Assce. Corpn. v. Robertson, 1909 AC 404.Insurable Interest must be possessed by the person taking out a policy; he must be so circumstanced as to have benefit from the existence of the person or thing insured, and some preju...
Manufacturing process
Manufacturing process, means any process for--(i) making altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing, or otherwise treating or adapting any article or substance with a view to its use, sale, transport, delivery or disposal, or(ii) pumping oil, water, sewage or any other substance; or(iii) generating, transforming or transmitting power; or(iv) composing types for printing, printing by letter press, lithography, photogravure or other similar process or book binding; or(v) constructing, reconstructing, repairing, refitting, finishing or breaking up ships or vessels; or(vi) preserving or storing any article in cold storage. [Factories Act, 1948 (63 of 1948), s. 2 (k)]It means any process for, or incidental to, making, finishing or packing or otherwise treating any article or substance with a view to its use, sale, transport, delivery or disposal as beedi or cigar or both. [Beedi and Cigar Workers (Conditions of Employment) Act, ...
Workman
Workman, does not include an apprentice/trainee appointed under the Apprentices Act, 1961, Dhampur Sugar Mills v. Bhola Singh, (2005) 2 SCC 470. [Uttar Pradesh Industrial Disputes Act, 1947 (28 of 1947), s. 2(z)]Here includes an employee employed as supervisor. There are only two circumstances in which such a person ceases to be a workman. Such a person is not a workman if he draws wages in excess of Rs. 500 per month or if he performs managerial functions by reason of a power vested in him or by the nature of duties attached to his office, All India Reserve Bank Employees' Association v. Reserve Bank of India, AIR 1966 SC 305: (1966) 1 SCR 25.The term 'workman' as used in s. 33C(2) includes all persons whose claim, requiring computation under this sub-s., is in respect of an existing right arising from his relationship as an industrial workman with his employer, National Buildings Construction Corporation Ltd. v. Pritam Singh Gill, AIR 1972 SC 1579: (1972) 2 SCC 1: (1973) 1 SCR 40.Car...
Uses
Uses (History). A use is the intention or purpose, express or implied, upon which property is to be held. The Common Law treated the actual possessor for all purposes as the owner of the property. It was not difficult to find him out, since the possession of his estate was conferred upon him by a formal and notorious ceremony, technically called livery of seisin, which was performed openly and in the presence of the people of the locality.It soon became evident that the simple rules of the Common Law were stumbling-blocks to the complicated wants of an enterprising people.Hence ingenuity was sharpened to hit upon a device which should set at nought the rigidity of existing law and formalities.A system was found by the monastic jurists upon a model furnished by the Civil Law, which, by a nice adaptation, evaded, without overturning, the Common Law. Two methods of transferring realty began to co-exist in this country-the ancient Common Law system, and the later invention, which is denomi...
Temple
Temple, is as 'an edifice or place regarded primarily as the dwelling place or 'house' of a deity; hence an edifice devoted to divine worship. Historically, the word is applied to sacred buildings of Egyptians, Greeks, Romans, etc., but now to those of Hindu-ism, Buddhism, Confucianism, Taoism, Shintoism, etc.' The essence of the matter is the existence of a place of public religious worship. In the case of a temple, it becomes a place of public religious worship when the idol is installed and consecrated and the pranaprathishta or vivification ceremony is performed. 'Until then, it is elementary knowledge that the image does not become an object of worship. The deity does not begin to reside in the Idol (the visible image) until the consecration or the appropriate ceremony is completed, T.V.D. Naidu v. Commissioner, Hindu Religious and Charitable Endowments (Administration) Department, Madras, AIR 1989 Mad 60. (See also New English Dictionary, Vol. IX, Part II)Means a place, by whatev...
Survivorship
Survivorship, the living or one of two or more persons after the death of the other or others. See COMMORIENTES; JOINT TENANCY. In questions of construction of wills the difficulty generally arises in regard to the persons or class of or from whom the survivor is to be ascertained and whether the word has a natural or stipital meaning (see, e.g., Gilmour v. MacPhillamy, 1930 AC 712).The state or condition of being the one person out of two or more who remains alive after the others die, Black's Law Dictionary, 7th Edn., p. 1459....
Reason to believe
Reason to believe, does not mean a purely subjective satisfaction. The belief must be held in good faith; it cannot be merely a pretence, S. Narayanappa v. CIT, Bangalore, AIR 1967 SC 523: (1967) 65 ITR 219: 1967 1 SCJ 161.Reason to believe, does not mean a purely subjective satisfaction. The believe must be held in good faith. It cannot be merely a pretence, S. Narayanappa v. C.I.T., Bangalore, 1967 ITR 219: AIR 1967 SC 523.Reason to believe, is not synonymous with subjective satisfaction of the officer. The belief must be held in good faith; it cannot merely be a pretence, Partap Singh v. Director of Enforcement, AIR 1985 SC 989: (1985) 3 SCC 72.Means that reasons should exist but the court will not go into the adequacy of such reason, Manchand & Co. v. CIT, West Bengal, AIR 1969 Cal 431.Means coming to the conclusion on the basis of the information that a thing, condition, statement or fact exists. It only means facts which prima facie will convince any reasonable person under the c...
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