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Controlling Interest - Law Dictionary Search Results

Home Dictionary Name: controlling interest

controlling interest

controlling interest see interest ...


interest

interest [probably alteration of earlier interesse, from Anglo-French, from Medieval Latin, from Latin, to be between, make a difference, concern, from inter- between, among + esse to be] 1 : a right, title, claim, or share in property Article Nine security interest : security interest in this entry beneficial interest : the right to the use and benefit of property [a beneficial interest in the trust] contingent interest : a future interest whose vesting is dependent upon the occurrence or nonoccurrence of a future event compare vested interest in this entry controlling interest : sufficient stock ownership in a corporation to exert control over policy equitable interest : an interest (as a beneficial interest) that is held by virtue of equitable title or that may be claimed on the ground of equitable relief [claimed an equitable interest in the debtor's assets] executory interest : a future interest other than a remainder or reversion that may take effect upon the divesting...


control

control con·trolled con·trol·ling 1 : to exercise restraining or directing influence over esp. by law 2 : to have power or authority over [precedent s the outcome in this case] 3 : to have controlling interest in control n ...


controlling

controlling 1 a : exercising domination or influence [the principles of law] b : dispositive [judgment debtor's stipulation to pay a specified amount is not "J. H. Friedenthal et al."] 2 : having controlling interest [ shareholders] ...


Any person interested in a wakf

Any person interested in a wakf, the expression 'any person interested in a waqf' must mean 'any person interested in what is held to be a waqf'. It is only persons who are interested in a transaction which is held to be a waqf who would sue for a declaration that the decision of the Commissioner of the Waqfs in the behalf is wrong, and that the transaction in fact is not a waqf under the Act, Siraj-ul-Haq Khan v. Sunni Control Board of Wakf., AIR 1959 SC 198 (204). [U.P. Muslim Wakfs Act, 1936 (13 of 1936), s. 5(2)]...


Successor-in-interest

Successor-in-interest, 'successor-in-interest' the relevant facts to be taken into account in determining this question was explained by Gajendragadkar, J. in the following words: Did the purchaser purchase the whole of the business? Was the business purchased a going concern at the time of the sale transaction? Is the business purchased carried on at the same place as before? Is the business carried on without a substantial break in time? Is the business carried on by the purchaser the same or similar to the business in the hands of the vendor? If there has been break in the continuity of the business, what is the nature of the break and what were the reasons responsible for it? What is the length of the break? Has goodwill been purchased? Is the purchase only of some parts and the purchaser having purchased the said parts purchased some other new parts and started a business of his own which is not the same as the old business but is similar to it? These and all other relevant factor...


Controlled industry

Controlled industry, means any industry the control of which by the Union has been declared by any Central Act to be expedient in the public interest. [Contract Labour (Regulation and Abolition) Act, 1970 (37 of 1970), s. 2 (1) (d); Also see Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952), s. 2 (d); Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 (30 of 1979), s. 2 (1) (c); The Industrial Disputes Act, 1947 (14 of 1979), s. 2 (ee)]...


Life-rent

Life-rent, a rent received for a term of life. See SETTLED LAND.The doctrine of the lifting of the veil has been applied in the words of Palmer in five categories of cases; where companies are in the relationship of holding and subsidiary (or subsidiary) companies; where a shareholder has lost the privilege of limited liability and has become directly liable to certain creditors of the company on the ground that, with his knowledge, the company continued to carry on business six months after the number of its members was reduced below the legal minimum; in certain matters pertaining to the law of taxes, debts, duties and stamps, particularly where the question of the 'controlling interest' is in issue; in the law relating to exchange control; and in the law relating to trading with the enemy where the test of control is adopted, Tata Engineering and Locomotive Co. Ltd. v. State of Bihar, AIR 1965 SC 40 (47): (1964) 6 SCR 885. (Companies Act, 1956, s. 34)...


successor in interest

successor in interest :a successor to another's interest in property ;esp : a successor in ownership of a business that is carried on and controlled substantially as it was before the transfer ...


Control

Control, the word 'control' suggests check, restraint or influence. Control is intended to regulate and hold in check a restrain from action, State of Mysore v. Allum Karibasuppa, AIR 1974 SC 1863 (1866). [Karnataka Co-operative Societies Act, (11 of 1959), s. 54]The word 'control' is synonymous with superinten-dentce, management or authority to direct, restrict or regulate. Control is exercised by a superior authority in exercise of its supervisory power, S.V. Co-operative Bank Ltd. v. K. Panduranga, AIR 1972 SC 1248 (1250). [Multi-Unit Co-operative Societies Act, 1942, s. 2(1)]Control, is synonymous with superintendence, management, or authority to direct, restrict or regulate, Regional Provident Fund Commissioner v. Sanatan Dharam Girls Secondry School, 2006 (10) JT 159 [As per Words and Phrases, Vol. 9 Permanent Edn.]Imports the notion of the power to direct what shall be done with the property in question; and the words are intended to provide a clearer concept than 'possession' w...


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