Derivative - Law Dictionary Search Results
Home Dictionary Name: derivative Page: 4Partition
Partition, is mitakshara 'partition' may be only severance of the joint status of the members of the coparcenary, that it to say, what was once a joint title has become a divided title though there has been no division of any properties by metes and bounds, Nani Bali v. Gita Bai Kom Rama Gunge, AIR 1958 SC 706. See also Jalaja Shethi v. Lakshmi Jalaja Shethi, AIR 1973 SC 2658.Includes both division of states as well as division of meats and bounds, Sundara v. Girija, AIR 1962 Mys 72.Is the determination of shares of the coparceners in the joint family. Actual division of the property by metes and bounds is not necessary to constitute partition, Girija Nandi Devi v. Bijendra Narain Chowdhary, AIR 1967 SC 1124: (1967) 4 SCD 501.Partition, signifies a surrender of a portion of the joint rights in exchange for a similar right from the co-sharer, Rasa v. Arunachala, AIR 1932 Mad 577.Partition, the act of dividing.Before 1926 all co-owners of land might make partition, and coparceners were c...
Title, Covenants for
Title, Covenants for. In every conveyance of real or personal property expressed to be conveyed by the instrument of conveyance made on or after the 1st January, 1882, and in regard to assents by personal representatives, after 1925, of land, certain 'covenants for title' (being for the most part usually expressed in the conveyance before that date), of which the following is an abstract, are implied by virtue of the 7th s. of the (English) Conveyancing Act, 1881 (44 & 45 Vict. c. 41), replaced and extended by the (English) Law of Property Act, 1925, s. 76, and 2nd Sch., but in the following cases A and B the covenants are limited, while in cases C and D they are unqualified and absolute, see David v. Sabin, (1893) 1 Ch 523:-(A) In a conveyance for valuable consideration other than a mortgage by a person expressed to convey as beneficial owner:-That, notwithstanding anything done, omitted, etc., by the person conveying, or anyone through whom he derives title otherwise than by purchase...
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...
Quiet enjoyment
Quiet enjoyment. A qualified covenant for quiet enjoyment is usually inserted in leases and excludes the implied covenant, which is far more extensive. For the implied covenant may guarantee the lessee against any lawful entry whatever, whereas the express covenant, as usually worded, guarantees the lessee only against entry by the lessor or persons 'claiming by, from, or under him,' so that a lessor having no title to the demised premises may safely enter into the qualified covenant for quiet enjoyment, for an ejectment of the lessee by the real owner would not be an ejectment by a person claiming by the lessor, but against him, See Woodfall, L. & T., and Baynes v. Lloyd, (1895) 2 QB 610; Jones v. Lavington, (1903) 1 KB 253.A covenant for quiet enjoyment is implied by virtue of s. 7 of the (English) Conveyancing Act, 1881, reproduced under ss. 76 and 77 of the Law of Property Act, 1925, Sched. 2, Parts 1, 2, in any conveyance for value made after the commencement of that Act by a pers...
Culprit
Culprit. The prisoner at the Bar awaiting his trial after a plea of not guilty. 'Its first recorded use is in the trial of the Earl of Pembroke for murder in 1678. Its original force was formerly to join issue with the defendant's plea of Not guilty and to demand trial and judgment.'-Oxf. Dict., art. 'Culprit,' where see discussion of the disputed derivations of the word. It is thus derived by Donaldson. The clerk asks the prisoner, 'Are you guilty or not guilty ?' Prisoner, 'Not guilty.' Clerk, 'Qu'il paroit [may it prove so]; how will you be tried ?' Prisoner, 'By God and my country.' These words, being hurried over, came to sound, 'Culprit, how will you be tried ?' Blackstone's derivation is entirely different; see 4 Bl. Com. 339....
Information
Information, an accusation, or complaint, also, communicated knowledge.Information means any material in any form, including records, documents, memos, e-mails, opinions, advices, press-releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force. [Right to Information Act, 2005, s. 2(f)]Information in chancery. Where a suit was instituted on behalf of the Crown or Government, or of those of whom it had the custody by virtue of its prerogative (such as idiots and lunatics), or whose rights are under its particular protection (such as the objects of a public charity), the matter of complaint was offered to the Court by way of information by the Attorney or Solicitor-General, and not by way of petition. When a suit immediately concerned the crown or government alone, the proceeding was pur...
Power
Power, in respect of court the word 'power' means an authority expressly or impliedly conferred on the court by law to do that which without that sanction it could not have done, consent cannot give jurisdiction, K.E. v. Vithu, (1899) 1 Bom LR 157.Power, is an authority reserved by, or limited to, a person to dispone, either wholly or partially, of movable or immovable property, either for his own benefit or for that of others. The word is used as a technical term and is distinct from the dominion which a man has over his own estate by virtue of ownership, Stroud's Judicial Dictionary.Power, is not synonymous with jurisdiction, K.E. v. Vithu, (1899) 1 Bom LR 157.Power, may be general or implied. The general powers are such as the donee can exercise in favour of such person or persons as he pleases, including himself, Mahadeo Ramchandra v. Damodar Vishwanath, AIR 1957 Bom 218.Means any form of energy which is not generated by human or animal agency. [The Gujarat Lifts and Escalators Act...
Poursuivant
Poursuivant, a king's messenger; those employed in martial causes were called Poursuivants-at-Arms.There are, at present, in the Heralds' Office four poursuivants, distinguished by the names following:-(1) Rouge Croix.--Instituted at an uncertain period, but generally considered to be the most ancient. The title was doubtless derived from the cross of St. George.(2) Blue Mantle..--An office instituted by Edward III. or Henry V., and named either in allusion to the colour of the arms of France or to that of the robes of the Order of the Garter.(3) Rouge Dragon.--This poursuivancy was founded by Henry VII. on the day before his coronation, the name being derived from the ensign of his ancestor, Cadwaladyr. He also assumed a red dragon as the dexter supporter of his arms.(4) Portcullis.--This office was instituted by the same monarch, from one of whose badges the title was derived. See HERALD. As to the office of Paurguivant of the Great seal, ss. 37 & 38, Vict. C. 81....
gross income
gross income : all income derived from any source except for items specifically excluded by law NOTE: Section 61 of the Internal Revenue Code lists fifteen nonexclusive items that should be included in gross income. They are (1) compensation for services, including fringe benefits and commissions; (2) gross income derived from business; (3) gains derived from dealings in property; (4) interest; (5) rents; (6) royalties; (7) dividends; (8) alimony and separate maintenance payments; (9) annuities; (10) income from life insurance and contracts for endowment insurance; (11) pensions; (12) income from discharge of a debt; (13) distributive share of partnership gross income; (14) income received (as by an estate or heir) by reason of a person's death; and (15) income from an interest in an estate or trust. ...
legal
legal [Latin legalis, from leg- lex law] 1 : of or relating to law or the processes of law [a question] [take action] 2 a : deriving authority from or founded on law [a tariff rate] [a government] b : fulfilling the requirements of law [a voter] c : having a status derived from law : recognized as such by law [a certainty] d : created by operation of esp. statutory law [ incompetence] [a presumption] compare conventional, judicial e : established by law [the test for mental capacity] 3 : conforming to or permitted by law : lawful [a referendum to make gambling ] 4 : recognized or made effective under principles of law as distinguished from principles of equity : deriving from or existing or valid in law as distinguished from equity see also equity compare equitable 5 a : of, relating to, or having the characteristics of the profession of law or one of its members [a corporate department] [the community] b : of or relating to the study of law [continuing education] le...
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