Documents - Law Dictionary Search Results
Home Dictionary Name: documentsTitle to lands, Documents of
Title to lands, Documents of. As to dealing with title-deeds as mere personal chattels, see Swanley Coal Co. v. Denton, (1906) 2 KB 873. Properly speak-ing, however, they are not chattels; Coke calls them 'the sinewes of the land' (Co. Litt.6 a), and they are so closely connected with it that they will pass, on a conveyance of the land, without being expressly mentioned; the property in the deeds passes out of the vendor to the purchaser simply by the grant of the land itself, Williams on Personal Property. Sec. 45 (1) of the (English) Law of Property Act, 1925, provides that a vendor shall be entitled to retain documents of title where (a) he retains any part of the land to which the documents relate, or (b) the document consists of a trust instrument or other instrument creating a trust which is still subsisting or in instrument relating to the appointment or discharge of a trustee of a subsisting trust. As a rule the estate owner (q.v.) is entitled to possession of the documents rel...
Document
Document, includes part of a document. [Official Secrets Act, 1923 (19 of 1923), s. 2 (3)]The meaning of the document or of a particular part of it is therefore to be sought for in the document itself. That is, undoubtedly, the primary rule of construction to which ss. 90 to 94 of the Indian Evidence Act give statutory recognition and effect, with certain exceptions contained in ss. 95 to 98 of the Act. Of course, 'the document' means 'the document' read as a whole and not piecemeal, Delhi Development Authority v. Durga Chand Kaushish, (1973) 2 SCC 825: AIR 1973 SC 2609: (1974) 1 SCR 535.Document shall include any matter written, expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means which is intended to be used, or which may be used, for the purpose of recording that matter. [General Clauses Act, 1897 (10 of 1987), s. 3(18)]...
Making a false document
Making a false document, A person is said to make a false document-who dishonestly or fraudulently makes, signs, seals or executes a document with the intention of causing it to be believed that such document was made, signed or sealed by a competent authority or who without lawful authority, dishonestly or fraudulently, by cancellation or otherwise, alters a document in any material part thereof or who dishonestly or fraudulently causes any person to sign, seal or execute or alter a document knowing that such person by reason of unsoundness of mind or intoxication cannot or by reason of deception does not know the nature of the document or the nature of alteration [Indian Penal Code, s. 464]...
Documents
Documents, records, writings, precepts, instruc-tions, or directions. See DISCOVERY; ROLLS.Documents means the document read as a whole and not piecemeal, Administrator of the Specified Understating of the Unit Trust of India v. Garware Polyester Ltd., AIR 2005 SC 2520.It is well-established that a document must be read as whole. In a document meant for a transfer of ownership, the purpose is generally stated clearly to be that the property given will be owned and possessed henceforth by the donee in such a way that he could use it or deal with it as he liked, State of U.P. v. Sayed Abdul Jalil, (1973) 2 SCC 26: AIR 1972 SC 1290: (1972) 3 SCR 342....
Inspection of written documents
Inspection of written documents. It was provided by the (English) Evidence Act, 1851 (14 & 15 Vict. c. 99), s. 6, that in any action or other proceeding the court or a judge might, on application by either party, compel the opposite party to allow the party making the application to inspect all documents in the custody or under the control of such opposite party relating to such action or other legal proceeding, and if necessary to take examined copies of the same, or to procure the same to be duly stamped. Even prior to this Act the court would, in certain cases, in the exercise of its equitable jurisdiction, order inspection of specific documents.By (English) R.S.C. 1883, Ord. XXXI., rr. 15-18, either party is prima facie as a matter of right entitled to inspect (after notice) documents referred to in the pleadings or affidavits of the other, and may, by leave of a judge, and upon an affidavit, inspect other documents in possession of the other; and by Ord. L., r. 3, any party to a c...
Document of title to goods
Document of title to goods, includes a bill of lading, dock-warrant, warehouse keeper's certificate, wharfingers' certificate, railway receipt, multi-modal transport document, warrant or order for the delivery of goods and any other document used in the ordinary course of business as proof of the possession or control of goods, or authorising or purporting to authorise, either by endorsement or by delivery, the possessor of the document to transfer or receive goods thereby represented. [Sale of Goods Act, 1930 (3 of 1930), s. 2 (4)]...
Manorial documents
Manorial documents, Court Rolls, surveys, maps, terriers, all documents and books relating to the boundaries, franchises, wastes, customs or courts of a manor but not deeds or evidence of title to the manor, are now placed under the superintendence of the Master of the Rolls. They may remain in the possession or under the control of the lord of the manor but he shall not be entitled to destroy or wilfully damage them. The Master of the Rolls has power to direct the documents to be sent to the Public Record or local institutions undertaking to be responsible for the preservation and indexing of the documents and the Master of the Rolls may make rules for these purposes. [See (English) Law of Property Act, 1924, 2nd Sch., 2(4)]...
Document of title
Document of title, include any bill of lading, dock warrant, warehouse-keeper's certificate, and warrant or order for the delivery of goods, and any other document used in the ordinary course of business as proof of the possession or control of goods, or authorizing or purporting to authorize, either by indorsement or by delivery, the possessor of the document to transfer or receive goods thereby represented, (English) Factors Act, 1889,s. 1(4) (UK) Halsbury's Laws of England 1(2),para 160, p. 11...
Documents (aircraft)
Documents (aircraft), means any certificate of registration, maintenance or airworthiness, log books and any similar document, Civil Aviation Act, 1982, s. 88(10) (UK) Halsbury's Laws of England (2) , para 1183, p. 576.Includes information recorded in any form and, in relation to information recorded otherwise than in legible form, reference to its production include references to producing a copy of the information in legible form, Banking Act, 1987, s. 106(1) (UK) Halsbury's Laws of England (2), para 35, p. 31.Given by way of charge is a document which only gives a right to payment out of a particular fund or property, and does not absolutely transfer the fund or property, Tancred v. Delagoa Bay and East Africa Rly. Co., (1889) 23 QBD 239 DC...
Lost document
Lost document. The ordinary rule is that a document is proved by the production of the original, but on proof that a document has been destroyed, or cannot be found after a proper search made, it may be proved by the 'secondary evidence' of a copy or by oral evidence of its contents. See Powell on Evidence; and as to the case of a lost will, see Woodward v. Goulstone, (1886) 11 App Cas 469. (Indian Evidence Act, 1872, s. 65)....
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