Dies Cedit - Law Dictionary Search Results
Home Dictionary Name: dies ceditDies cedit
Dies cedit, the day begins; dies venit, the day has come. Two expressions in Roman law which signify the vesting of fixing of an interest, and the interest becoming a present one, Sand. Just., 7th Edn. 227, 235; and see Ulpian, D. L. 16, 213....
Quic quid plantatur (or fixature) solo, solo cedit
Quic quid plantatur (or fixature) solo, solo cedit, the maxim, which is found in English law, viz., 'quicquid plantatur solo, solo, cedit', has at the most only a limited application in India. There is nothing in the laws or customs of this country and traces of the existence of an absolute Rule of Law that whatever is affixed or built on the soil becomes a part of it, and is subjected to the same rights of property as the soil itself, Narayan Das Khettry v. Jatindra Nath Roy Chowdhry, AIR 1927 PC 135.There is no custom of Hindu law by which the maxim quicquid plantatur (or aedificatur) solo, solo cedit, has no application at all in India. The English law would apply unless it is clear that by local customary or other law applicable in this country, it does not the Courts of India have excluded the application of the maxim altogether, though they have help and the legislature has said in effect that there are substantial exceptions to the application of the maxim, N.P.A. Chettiar Firm ...
Omne quod solo in'dificatur solo cedit
Omne quod solo in'dificatur solo cedit. Dig. 47, 3. 1, (Everything which is built upon the soil belongs to the soil.) Similarly, Quicquid plantatur solo, solo cedit. (Whatever is planted in the soil belongs to the soil) See FIXTURES....
Quicquid inaedificatur solo, solo cedit
Quicquid inaedificatur solo, solo cedit, the maxim 'quic quid inaedificatur solo, solo cedit' whatever is affixed to the soil belongs to the soil, is a rule of considerable antiquity and has been held to be inapplicable in this country, Atmakur Venkatasubbiah Chetty v. Thirupurasundari Ammal, AIR 1965 Mad 185 (186). (Transfer of Property Act, 1882, s. 63)...
Quicquid plantatur solo, solo cedit
Quicquid plantatur solo, solo cedit. Off. Of Exec. 47, (Whatever is affixed to the soil, belongs to the soil.) Therefore, if A. builds on B.'s land, the building becomes the property of B. see FIXTURES.The maxim 'quicquid fixatur solo, solo cedit whatever is fixed to soil, goes with or belongs to the soil which is a rule of the common law of England. But that rule has not been accepted in India, Patnaik and Co. v. State of Orissa, AIR 1965 SC 1655 (1658)....
A Edificatum solo, solo cedit
A Edificatum solo, solo cedit. Co. Litt. 4 a.-(That which is built upon the land goes with the land.) see FIXTURES....
Privatam commodum publico cedit
Privatam commodum publico cedit [Lat.], private good yields to public....
Quod edificatur in area legata cedit legato
Quod edificatur in area legata cedit legato, that which is built on the ground devised passes to the devisee....
Solo cedit, quicquid solo plantatur
Solo cedit, quicquid solo plantatur (Went. Off. Ex. 57), what is affixed to the soil belongs to the soil....
Dying declaration
Dying declaration, The dying declaration is a state-ment by a person as to the cause of his death or as to any of the circumstances of the transaction which resulted in his death and it becomes relevant under s. 32(1) of the Indian Evidence Act in a case in which the cause of that person's death comes into question. It is true that a dying declaration is not a deposition in court and it is neither made on oath nor in the presence of the accused. It is, therefore, not tested by cross-examination on behalf of the accused. But a dying declaration is admitted in evidence by way of an exception to the general rule against the admissibility of hearsay evidence, on the principle of necessity, Tapinder Singh v. State of Punjab, (1970) 2 SCC 113: AIR 1970 SC 1566: (1971) 1 SCR 599.(ii) a dying declaration stands on the same footing as any other evidence and it is to be judged in the surrounding circumstances and with reference to the principles governing the weighting of evidence. The court mus...
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