Constructive Trust - Law Dictionary Search Results
Home Dictionary Name: constructive trust Page: 2Executory trusts
Executory trusts. In the case of articles of agreement, made in contemplation of marriage, and which are consequently preparatory to a settlement, and in the case of those wills which are merely directory of a subsequent conveyance, the trusts declared by them are said to be executory or imperfect, because they require an ulterior act to raise and perfect them. They are rather considered as instructions for settlements than as instruments in themselves complete; and therefore Equity, in order to promote the presumed views of the parties in the one case and to support the manifest intention of the testator in the other, will attach to the words expressive of the trusts a more liberal and enlarged construction than they would admit if applied either to the limitation of a legal estate or a trust executed, 1 Sand. Uses and Trusts, 237, Lord Glenorchy v. Bosville, (1733) Cas Temp Talb 3; 1 W&TLC....
unjust enrichment
unjust enrichment 1 : the retaining of a benefit (as money) conferred by another when principles of equity and justice call for restitution to the other party ;also : the retaining of property acquired esp. by fraud from another in circumstances that demand the judicial imposition of a constructive trust on behalf of those who in equity ought to receive it see also quasi contract 1 at contract 2 : a doctrine that requires an equitable remedy on behalf of one who has been injured by the unjust enrichment of another ...
Impressment
Impressment, means (1) The act of forcibly taking for public service. (2) A court's imposition of a constructive trust on equitable grounds. (3) Archaic. The method by which armed forces were formely expanded, when so-called press-gangs seized men off the streets and forced them to join the army or navy, Black's Law Dictionary, 7th Edn., p. 760....
Equitable estates and interests
Equitable estates and interests, Rights relating to property of which the legal ownership is vested in another person, or in the equitable owner himself in another capacity. The rights arise whenever a person obtains a title to have the property or an estate or interest in it vested in himself, e.g., by contract or by any conveyance or assignment which does not by law transfer or vest the legal estate or ownership in the transferee, by mortgage or charge, and whenever a trust arises, either express, constructive, implied or by operation of law. In theory the legal owner alone was entitled, both in law and equity, to the property, and he alone was responsible for the obligations and incidents attaching to the property, the beneficial owner merely having a personal right inequity to force the legal owner to carry out his obligation or trust, but the rights and obligations of beneficial ownership became recognized and affected by statute. The Statute of Uses turned the beneficial right or...
Passive trust
Passive trust, a trust as to which the trustee has no active duty to perform. Passive uses were resorted to before the Statute of Uses, in order to escape from the trammels and hardships of the Common 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 trusts. as such, they continued to flourish, notwithstanding the singular amelioration effected at a later period in the law of tenure, because the legal ownership was attended with some peculiar inconveniences. For, in order to guard against the forfeiture of a legal estate for life passive trusts, by settlements, were resorted to, and hence, trusts to preserve contingent remainders; and passive trusts were created in order to prevent dower.Where an active trust was created, without defining the quantity of the estate to be taken by the trustee, the court...
Amenity
Amenity, the expression 'amenity' as defined in Rule 2(b) of the Rules is wider than 'development works', DLF Qutab Enclave Complex Educational Charitable Trust v. State of Haryana, (2003) 5 SCC 622 (634): AIR 2003 SC 1648. [Haryana Development and Regulation of Urban Areas Rules 1976, R. 2(b)]Amenity, includes roads, water supply, street lighting, drainage, sewerage, public building, horticulture, landscaping and any other public utility service, Municipal Corporation, Chandigarh v. Shantikunj Investment Pvt. Ltd., AIR 2006 SC 1270. [Capital of Punjab (Development and Regulation) Act, 2006]Construction of schools, hospitals, community centres, community buildings falls within the meaning of amenity, DLF Qutab Enclave Complex Educational Charitable Trust v. State of Haryana, (2003) 5 SCC 622.Means something tangible or intangible that increase the enjoyment of real property, such as location, view, landscaping, security, or access to recreational facilities, Black Law Dictionary, 7th E...
Glorification
Glorification, in relation to sati, whether such sati was committed before or after the commencement of this Act, includes, among other things,--(i) the observance of any ceremony the taking out of a procession in connection with the commission of sati; or(ii) the supporting, justifying or propagating the practice of sati in any manner; or(iii) the arranging of any function to eulogise the person who has committed sati, or(iv) the creation of a trust, or the collection of funds or the construction of a temple or other structure or the carrying on of any form of worship or the performance of any ceremony threat, with a view to perpetuate the honour of, or to preserve the memory of, a person who has committed sati. [Commission of Sati (Prevention) Act, 1987 (3 of 1988), s. 2 (1) (b)]...
Watercourse
Watercourse, means a stream of water, a river or brook; also an artificial channel for the conveyance of water. The bed or channel of a river or stream, Shorter Oxford English Dictionary on Historical Principles, 3rd Edn., 1944, p. 1510, Wilson v. First County Trust Ltd., (2001) LR 407 (QB).Means any channel existing or to be constructedby the government or by the land owners or byany agency to receive and distribute water froman outlet. [Rajasthan Farmers' Participation in Management of Irrigation System Act, 2000, s. 2(w)]Means any channel which is supplied with water from a channel but which is not maintained at the cost of the government, and all subsidiary works belonging to such channel, Beni v. State, AIR 1966 All 11....
Constructive notice
Constructive notice. The knowledge which is imputed to a party: (a) if he omits to make the usual and proper inquiry into the title of property which he has purchased; (b) if he omits to investigate some fact which has been brought to his notice suggesting the existence of such title or claim; (c) if he deliberately refrains from inquiry in order to avoid notice. See Halsbury, L.E., vol. 13, and the person affected with constructive notice takes, if at all, subject to the title or claim, whether he knew of it or not; for instance, a purchaser of land who is satisfied to take a shorter title than he could call for by statute is affected by notice of all trusts and equities of which he would have had notice if he had seen the full title. See Cox and Neve's Contract, (1891) 2 Ch 109; Patman v. Harland, (1881) 17 CD 353 illustrates the doctrine. It was there held that: (a) notice of a material document is notice of its contents, and (b) although the (English) Vendor and Purchaser Act, 1874...
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...
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