Constructive Force - Law Dictionary Search Results
Tail
Sub-s. (4) of s. 130 provides for the devolution of unbarred estate-tail according to the general law in force before 1926, and by sub-s. (6) an entailed interest shall only be capable of being created by 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 these were converted on the 1st January, 1926, or created after that date.
Thames
and many other statutes, both public and local, indicated in Appx. VI. of the Index of Statutes in Force; and 50 & 51 Vict. c. 34 (Chelsea). Thames Watermen.--By 7 & 8 Geo. 4, c. lxxv., the … and creeks: Provided that no dock, lock, canal, or cut, existing at the passing of this Act and constructed under the authority of Parliament and belonging to any body corporate established under such authority, and no bridge
Court
court and includes any tribunal or any other authority constituted under any law for the time being in force, to exercise judicial or quasi-judicial functions. [The Legal Services Authorities Act, 1987 (39 of 1987), s. 2 (1) … or any court of small causes. S. 2(*) Arbitration and Conciliation Act, 1996, Raipur Development Authority v. Sarin Construction Company, Raipur, AIR 2006 Chattisgarh 12. The tribunal which is to exercise the jurisdiction for executing the decree
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Industrial establishment
Act, 1932 which is engaged in any industry, or in any trade, business or service. [Central Industrial Security Force Act, 1968 (50 of 1968), s. 2 (1) (ca)] Industrial establishments, s. 1(3)(b) applies to every establishment within … Act. Accordingly, the Payment of Gratuity Act applies to an establishment in which any work relating to the construction, development or maintenance of buildings, roads, bridges or canals, or relating to operations connected with navigation, irrigation or
Industrial or other establishment
with a view to their use, transport or sale; (g) establishment in which any work relating to the construction, development or maintenance of buildings, roads, bridges or canals, or relating to operations connected with navigation, irrigation or … air transport service other than such service belonging to, or exclusively employed in the military, naval or air forces on the Union or the Civil Aviation Department of the Government of India; (b) dock, wharf or jetty;
Preamble
discontinued; and in Statute Law Revision Acts passed since 1888, Parliament has repealed preambles of statutes still in force, but Lord Halsbury, L.C., in Powell v. Kempton Park Race Course, 1899 AC 143, affirming the Court of … that 'the repeal of a preamble by a Statute Law Revision Act will in way affect the future construction of the Act.' The Constitution has a noble and grand vision contained in the Preamble. So far as
equity
: justice in accordance with equity [ treats a devisee who procures a will by fraud as a constructive trustee "W. M. McGovern, Jr. et al."] ;also : justice in accordance with natural law c : a … equity rivaled the law courts in power, the law courts maintained an advantage partly as a result of forcing the equity courts to hear only those cases for which there was no adequate remedy at law. The
Passive trust
Law, the permanent division of property into legal and equitable interests being clearly an invention to lessen the force of some pre-existing law. For similar reasons equitable interests were after the statute revived under the form of … the trustee, the courts endeavoured in the case of devises by will land executory contracts to give by construction the quantity originally requisite to satisfy the trust in every event, although the general rule is that the
Possession
v. 1st Addl. Distt. Judge, AIR 1984 SC 1376. Possession need not be physical possession but can be constructive, having power and control over the gun, Gunwantlal v. State of Madhya Pradesh, AIR 1972 SC 1756 (1759). … of the property occupied. A person who has no claim to the property but succeeds by show of force in acquiring physical control over the same cannot be treated to be in its possession, notwith-standing his physical
Shall
of law is mandatory or directory. But the circumstance that the legislature has used a language of compulsive force is always of great relevance and in the absence of anything contrary in the context indicating that a … make the provision imperative, it would ascertain the intendment of the legislature and the consequences from its own construction of the word 'shall', Ganesh Prasad Sah Kesari v. Lakshmi Narayan Gupta, AIR 1985 SC 964: (1985) 3
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