Disposement - Law Dictionary Search Results
Home Dictionary Name: disposement Page: 3Judgment
Judgment [fr. judgment, Fr.], judicial determination; decision of a Court.Under the former practice of the superior Courts, this term was usually applied only to the Common Law Courts, the term 'decree' being in general use in the Court of Chancery. The expression 'Judg-ment,' however, is now used generally except in matrimonial causes, the term 'judgment' including 'decree' [(English) Jud. Act, 1925, s. 225, replacing Jud. Act,1873, s. 100].The several species of judgments are either:-(a) Interlocutory, given in the course of a cause, upon some plea, proceeding, or default, which is only intermediate, and does not finally determine or complete the action. See INQUIRY; SUMMONSES; and ORDERS; and the various titles of the subjects of such judgments as MANDAMUS; INJUNC-TION, etc.(b) Final, putting an end to the action by an award of redress to one party, or discharge of the other, as the case may be.By the (English) C.L.P. Act,1852, s. 120, a plaintiff or defendant having obtained a verd...
Paraphernalia
Paraphernalia [fr. pap', Gk., beyond; and fer'h, dower], jewellery and ornaments which a husband has given to his wife before or during marriage. Whether these were meant to be absolute gifts or were merely paraphernalia for her adornment as a spouse is a question of fact, Tasker v. Tasker, 1895, P. 1. At law, before the Married Women's Property Act (see MARRIED WOMEN'S PROPERTY), the husband, in his lifetime might dispose of his wife's paraphernalia; excepting, indeed, her necessary apparel; and they were liable to the claims of the husband's creditors, with the like exception. But the wife was entitled to her paraphernalia against his representatives; for the husband could not, by will, dispose of them, or leave them to his represen-tatives Paraphernalia were deemed gifts sub modo only, i.e., for the purpose of being worn by the wife as ornaments of her person, and it is otherwise in the case of wearing apparel purchased by the wife with money supplied by the husband, Masson, Templie...
Pawnbroker
Pawnbroker, contemplates that every person who keeps a shop for the purchase or sale of goods or chattels and who purchases goods or chattels and pays or advances thereon any sum of money, with or under an agreement or understanding expressed or implied that the goods or chattel may be afterwards repurchased on any terms, is a 'pawnbroker', Karnataka Pawnbrokers' Assn. v. State of Karnataka, (1998) 7 SCC 707.One who lends money on goods which he receives upon pledge.The rate of interest which pawnbrokers may take has been fixed by law since 1800, by 39 & 40 Geo. 3, c. 48, which Act placed their whole business under various other restrictions. By the (English) Pawn-brokers Act, 1872 (which applies to Scotland, but not to Ireland), this Act, together with its amending Acts, is repealed, and the statute law of the subject consolidated. Sch. IV., dealing with profits and charges, has been amended by the (English) Pawnbrokers Act, 1922, in respect of loans not exceeding 40s.By s. 5 of the A...
Manufacturing process
Manufacturing process, means any process for--(i) making altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing, or otherwise treating or adapting any article or substance with a view to its use, sale, transport, delivery or disposal, or(ii) pumping oil, water, sewage or any other substance; or(iii) generating, transforming or transmitting power; or(iv) composing types for printing, printing by letter press, lithography, photogravure or other similar process or book binding; or(v) constructing, reconstructing, repairing, refitting, finishing or breaking up ships or vessels; or(vi) preserving or storing any article in cold storage. [Factories Act, 1948 (63 of 1948), s. 2 (k)]It means any process for, or incidental to, making, finishing or packing or otherwise treating any article or substance with a view to its use, sale, transport, delivery or disposal as beedi or cigar or both. [Beedi and Cigar Workers (Conditions of Employment) Act, ...
Real representative
Real representative. The name formerly given to a personal representative on whom real estate devolved on the death of any person between the 31st December, 1897, and the 1st January, 1926, under the provisions of the (English) Land Transfer Act, 1897.Prior to the commencement on the 1st of January, 1898, of the (English) Land Transfer Act, 1897 [see (English) TRANSFER OF LAND ACTS], the real estate of a deceased person vested in his heir, heiresses, or devisees, and his personal estate in his executors or administrators. The (English) Land Transfer act, 1897, (60 & 61 Vict. c. 65), reproduced and extended by the (English) Administration of Estates Act, 1925, established a real representative in the person of the executor or administrator of any person dying after the commencement of that Act, in whom all his real estate except copyhold was vested notwithstanding his will, unless, as in a joint tenancy, any other person had a right to take by survivorship, so that one and the same pers...
Owner (Estate Owner)
Owner (Estate Owner), defined by s. 205 (1)(ix.), Law of Property Act, 1925, as 'the owner of a legal estate, but an infant is not capable of being an estate owner.' Estate owners for the purposes of the land legislation of 1925 include an owner of full age (including a corporation) who is the person designated by the land legislation of 1925 as the person having the power to give a legal title to the whole of the estate (see LEGAL ESTATE) for the purposes of sale, mortgage, lease or otherwise. This includes the absolute beneficial owner, tenants for life, statutory owners (q.v.), trustees for sale, and personal representatives and mortgagees in exercise of their paramount powers. The legal title so disposed of is subject to all such equities, liabilities and charges and obligations (if any) attaching to the estate as may be binding on the transferee and the estate after it has been disposed of under the provisions of the Acts....
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...
Preliminary point
Preliminary point, is not confined to such legal points only as may be pleaded in bar of a suit but comprehends all points or issues, whether of facts or law, determination of which has precluded the necessity for determining other points or issues which have, therefore, been left undetermined, Vassantimal Devaldas v. Hiromal Mohammal, AIR 1947 Sind 94: 1946 ILR Kar 380: 227 IC 633.Means a point, the decision of which is sufficient to dispose off the whole suit without the necessity of deciding other points involved in the case. It may be one of facts of law. It would include a point which relates to cause of action for the plaintiff or his 'locus standi' to bring to particular suit, Jit Kuarg Kehar Singh, AIR 1951 Pepsu 130.Preliminary point, refers to a point, the decision of which is sufficient to dispose of the whole suit without the necessity of deciding other points involved in the case, Jit Kaur v. Kehar Singh, AIR 1951 Pepsu 364....
Title
Title, means the union of all elements (as ownership possession, and custody) constituting the legal right to control and dispose of property; the legal link between a person who owns property and the property itself, Black's Law Dictionary, 7th Edn., p. 1493.Title: 1, a general head, comprising particulars, as in a book; 2, an appellation of honour or dignity; 3, the means whereby the owner of lands has the just possession of his property--titulus est justa causa pos sidendi id quod nostrum est: Co. Litt. 345b.1. The union of all elements (as ownership, possession, and custody) constituting the legal right to central and dispose of property; the2. Legal evidence of a person's ownership rights in property; an chastenment (such as a deed) that constitute such evidence3. The heading of a statute or other legal document, Black's Law Dictionary, 7th Edn.There are several stages and degrees requisite to form a complete title to lands and tenements.1. The lowest and most imperfect degree of ...
Restraint on alienation
Restraint on alienation. Although conditions in restraint of alienation of an absolute interest in possession in either real or personal property are generally void on the ground of repugnancy [see Re Dugdale, (1888) 38 Ch D 176, and RE-PUGNANT], gifts of a life estate or of income or apparently of a reversionary interest, Churchill v. Marks, (1844) 1 Coll 441, until alienation or charging, are permissible, if there is a gift over and the gift is properly expressed [see Re Mabbett, (1891) 1 Ch 707, and Trustee Act, 1925, s. 33]. A settlement upon himself by a settlor determining his estate upon bankruptcy is void. As to alienation of advowson, see Benefices Act, 1898 (61 & 62 Vict. c. 48), and ADVOWSONS. As to church property, see Halsb. Laws of England, tit. 'Ecclesiastical Law,' and as to married woman, see ANTICIPATION.A restriction, usu. in a deed of conveyance, on a grantee's ability to sell or transfer real property; a provision that conveys an interest and that, even after inter...
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