Corpus Juris - Law Dictionary Search Results
House, Houses
House, Houses, See Special Reference No. 1 of 2002 (In Re Gujarat Assembly Matter, (2002) 8 SCC 237. [Constitution of India, Article 174(1)]As to what will pass under a grant of a 'house,' see St. Thomas's Hospital v. Charing Cross Ry.Co., (1861) 1 J. & H. at p. 404, per Wood, V.-C.; Co. Litt. 5 b. As to a devise of a 'house,' see Theobald on Wills; Jarman on Wills.Malicious injuries to houses by tenants, or by means of explosive substances, are punishable by the Malicious Damage Act, 1861 (24 & 25Vict. c. 97), ss. 9 and 13.'House 'under the Public Health 1936 Act, s. 43, means a dwelling-house, whether private or not; under the Housing Act, 1936, s. 187, includes any yard, garden, outhouses and appurtenances; under the Rent Restriction Acts, 1920-1935, a dwelling-house means a house let as a separate dwelling or a part of a house being a part so let (1933, s. 16); for other definitions, see respective statutes.The word 'house' would in its ordinary sense include any building irrespect...
Grove
Grove, in Webster's New World Dictionary, p. 641, a grove has been defined as a small wood; groups of trees standing together without undergrowth. The Shorter (Oxford English Dictionary, Vol. I, 838 also defines it as a small wood, a group to trees affording shade or forming avenues or walks. In Corpus Juris Secundum, Vol. 98, p. 688 a grove is defined to mean a cluster of trees not sufficiently extensive to be called a wood; a group to trees of indefinite extent but not large enough to constitute a forest; especially such a group considered as furnishing shade for avenues and walks, Sardar Chandrajirao Angre v. State of Madhya Pradesh, AIR 1968 SC 494 (496): (1968) 1 SCR 761. [Madhya Bharat Abolition of Jagirs Act, 1951 (28 of 1951), s. 5(b) (iv)]...
Gift
Gift. The old text-writers made a gift (donatio) a distinct species of deed, and describe it as a conveyance applicable to the creation of an estate-tail; while a feoffment they strictly confine to the creation of a fee simple estate. The operative verb was 'give,' which no longer implies any covenant in law (Real Property Act, 1845 (8 & 9 Vict. c. 106), s. 4), replaced by the Law of Property Act, 1925, s. 59(2), and the deed required livery of seisin. It is obsolete. See Jac. Law Dict.A gift is now understood to mean a mere voluntary assurance or transfer of property without any consideration being given for it. Such a transaction is apt to be very jealously scrutinized in a Court of Equity, and will be set aside on proof of undue influence (see that title), or of a fiduciary relationship of the donee to the donor, see Huguenin v. Baseley, (1806-8) 14 Ves 273; W. & T. L.C.; Morley v. Loughman, (1893) 1 Ch 736 (757); Lyon v. Home, (1868) LR 6 Eq 655. In the absence of any such objectio...
Founder of the institution
Founder of the institution, the expression 'founder of the institution' used in s. 13(3) (a) means that the person concerned should be the originator of the institution, or at least one of the persons responsible for the coming into existence of the institution. Director of Income Tax v. Bharat Diamond Bourse, (2003) 1 SCC 741 (757). [Income-tax Act, 1961, s. 13(3) (a)]Founder's shares, in English company law, shares issued to the founders of or vendors to, a public company as a part of the consideration for the business, or concession etc., taken over, and not forming a part of, the ordinary capital, (Corpus Juris Secundum, Vol. 37, p. 37). See also Director of Income Tax v. Bharat Diamond Bourse, (2003) 1 SCC 741....
Equitable distribution
Equitable distribution, in Jowitt's Dictionary of English Law, where 'equitable' has been stated to mean 'that which is fair', and to Corpus Juris Secundum to show that equitable is that which is done 'fairly, justly and impartially'. It cannot be doubted that only that distribution can be said to be 'equitable' which is 'just and right under all the circumstances of the particular case', State of U.P. v. Hindustan Aluminium Corpn., (1979) 3 SCC 229: AIOR 1979 SC 1459: (1979) 3 SCR 709....
Enforce
Enforce, has been attributed a meaning to give force or effect to; to compel obedience to (Black Law Dictionary) see also Hameed Joharan v. Abdul Salam, (2001) 7 SCC 573.In general, to cause to be executed or performed, to cause to take effect, or to compel obedience to, as to enforce laws or rules; to control; to execute with vigor; to put in execution; to put in force: also to exact, or to obtain authoritatively. The word is used in a multiplicity of ways and is given many shades of meaning and applicability, but it does not necessarily imply actual force or coercion. As applied to process, the term implies execution and embraces all the legal means of collecting a judgment, including proceedings supplemental to execution (corpus juris secundum) Hameed Joharan v. Abdul Salam, (2001) 7 SCC 573....
Just
Just, the expression 'just' denotes equitability, fairness and reasonableness, and non arbitrary. If it is not so it cannot be just (See Helen C. Rebello v. Maharashtra State Road Transport Corporation, AIR 1998 SC 3191), Divisional Controller KSTRC v. Mahadeva Shetty, AIR 2003 SC 4172 (4177): (2003) 7 SCC 197. (Motor Vehicles Act, 1988, s. 163A and Schedule II)The word 'just' as its nomenclature, denotes equit-ability, fairness and reasonableness having large peripheral field. The largeness is, of course, not arbitrary; it is restricted by the conscience which is fair, reasonable and equitable, if it exceeds; it is termed as unfair, unreasonable, inequitable not just. In Law Lexicon, 5th Edn., by T.P. Mukherjee 'Just' is described:The term just' is derived from the latin word Justus. It has various meanings and its meaning is often governed by the context. 'Just' may apply in nearly all of its senses, either to ethics or law, denoting something which is morally right and fair and some...
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