Entitled To Act - Law Dictionary Search Results
Home Dictionary Name: entitled to actEntitled to act
Entitled to act, the following persons shall be deemed persons as and to the extent hereinafter provided (that is to say):-Provided that--(i) no person shall be deemed 'entitled to act' whose interests in the subject-matter shall be shown to the satisfaction of the Collector or Court to be adverse to the interest of the person interested for whom he would otherwise be entitled to act.(ii) in every such case the person interested may appear by a next friend, or, in default of his appearance by a next friend, the Collector or Court, as the case may be, shall appoint a guardian for the case to act on his behalf in the conduct thereof.(iii) the provisions of Order 32 of the First Schedule to the Code of Civil Procedure, 1908 shall, mutatis mutandis, apply in the case of persons interested appearing before a Collector or Court by a next friend, or by a guardian for the case, in proceedings under this Act.(iv) no person 'entitled to act' shall be competent to receive the compensation money p...
Agricultural Holdings Act, 1923
Agricultural Holdings Act, 1923 (English) (13 & 14 Geo. 5, cc. 9 and 25). By a series of statutes commencing with the Agricultural Holdings Act, 1875, statutory compensation has been provided for an outgoing agricultural tenant in respect of the improvements effected by him during his tenancy. The operation of this Act could be and frequently was excluded by agreement, but now the tenant cannot deprive himself by contract of the right to claim compensation which is conferred on him by the Act, although he may within limits substitute other benefits by agreement. The Act of 1923 (as amended by the Agricultural Holdings Amendment Act, 1923) repeals and consolidates all the earlier statutes dealing with the subject, and confers on outgoing tenants of 'holdings' the rights and benefits briefly outlined below. The term 'holding' means any parcel of land held by a tenant which is wholly agricultural or wholly pastoral, or in whole or in part cultivated as a market garden, and which is not le...
Tail
Tail [fr. tailler, Fr., to prune]. An estate-tail was formerly a freehold of inheritance and is now an equitable interest which may be created after 1925 in respect of personalty as well as realty by way of trust and which (if not barred or disposed of by will after 1925) will devolve inequity on the person who would have taken realty as heir of the body or as tenant by the curtesy if the Law of Property Act, 1925, had not been passed [s. 130 (4) (ibid.)]The limitation of an estate so that it can be inherited only by the fee owner's issue or class of issue, Black's Law dictionary 7th Edn., p. 1466.An estate-tail in land now constitutes a settlement. [(English) Settled Land Act, 1925, s. 1]With this and other statutory modifications under the (English) Law of Property Act, 1925, the rules relating to this form of estate are still applicable (a) in the investigation of all titles to land in existence on the 31st December, 1925; (b) in the construction of equitable interests into which th...
Entitled
Entitled, the word 'entitled' in the context must take colour from the preceding words and must be understood to mean that the Government must have an independent claim or right to the forest produce and not merely a right to collect and deal with the same subject to an obligation to account for the same to the owner. The word 'entitled' is used in the sense of the Government having a right or claim to the usufruct in its own right and not as the agent of another, Raj Kumar Rajindra Singh v. State of Himachal Pradesh, (1990) 4 SCC 320: AIR 1990 SC 1833 (1847). [Forest Act, 1927, s. 29(1)]...
Person entitled to sell or procure the sale
Person entitled to sell or procure the sale, the expression 'person entitled to sell, or procure the sale' in s. 12(2) is merely descriptive of the person who is accountable under the said provision. The expression does not restrict the operation of the Act to the persons who have not yet sold the goods. The persons who have exported the goods to a foreign buyer are also excluded under s. 12(2). This conclusion is reinforced if clauses (a) and (b) of s. 12(2) are taken into account. It is also in consonance with the avowed object of s. 12 which is to ensure that the nation does not lose foreign exchange, M.G. Wagh v. Jay Engineering Works Ltd., AIR 1987 SC 670: (1987) 1 SCC 542: (1987) 1 SCR 798 [FERA, 1947, s. 12 (2)]...
Criminal Appeal Act, 1907 (English)
Criminal Appeal Act, 1907 (English) (7 Edw. 7, c. 23), came into force on the 19th April, 1908. For a great number of years the merits and demerits of criminal appeal have been discussed in this country.In 1844 Sir Fitzroy Kelly, in a remarkable speech in the House of Commons, advocated criminal appeal, the claim to which has also been recognized by Starkie, Sir John Holker, and Chief Baron Pollock; and even Blackstone,with whom, as Mr. Lecky has observed, admiration of our national jurisprudence was almost a foible, passed some severe criticisms on the stateof the criminal law of his day. In more recent times Lord James of Hereford (then Sir Henry James) introduced a criminal appeal bill into the House of Commons,which was supported by Lord Russell of Killowen (then Sir Charles Russell). And in 1889 Lord Fitzgerald, when introducing a measure into the House of Lords, said that the absene of any provision for rectifying errors andmistakes in criminal cases constituted a blot upon the c...
Tenants' Compensation Act, 1890
Tenants' Compensation Act, 1890 (English) (53 & 54 Vict. c. 57), repealed by and see now the Allotments Act, 1922 (12 & 13 Geo. 5, c. 57), ss. 1 and 4 (2). At Common Law a mortgagor, and therefore any tenant of his becoming such after mortgage with-out concurrence of the mortgagee, is a mere tres-passer, liable to ejectment without notice, and so liable to lose all his growing crops, etc., without compensation from the mortgagee. The Tenants' Compensation Act, to remedy this hardship, provided that where a person occupies land under a contract of tenancy (whenever made) with the mortgagor, which is not binding on the mortgagee, the occupier shall, as against the mortgagee who takes possession, be entitled to such compensation for crops, improvements, or other matters whatever, under the custom of the country, or the Agricultural Holdings Act, as would be due to him but for the mortgagee taking possession; and further gives such occupier a right to six months' notice, before being depri...
Mercantile Law Amendment Act, 1856 (English)
Mercantile Law Amendment Act, 1856 (English) (19 & 20 Vict. c. 97). Its principal enactments are: (1) that a writ of execution shall not effect a title bona fide acquired before seizure; (2) that in an action for breach of contract to deliver goods sold, a writ for the delivery of the goods may be obtained (these two ss. are repealed by the Sale of Goods Act, 1893, and reproduced by ss. 26 and 52 of that Act); (3) that the consideration for a guarantee need not appear in writing; (4) that a guarantee to or for a firm ceases upon a change in the firm (this s. is repealed by the Partnership Act, 1890, and reproduced by s. 18 of that Act); (5) that a surety who discharges a liability is to be entitled to an assignment of all securities held by the creditor; (Ss. 6 and 7) that an acceptance of a bill of exchange must be in writing, and that 'inland bill of exchange' bears a certain definition-these two sections are repealed by the Bills of Exchange Act, 1882, and reproduced by ss. 7 and 17...
Dissenters Chapels Act
Dissenters Chapels Act (7 & 8 Vict. c. 45), (statutory title, 'The (English) Nonconformist Chapels Act, 1844'), an Act passed in 1844 for the relief of Unitarians, though it applies to Nonconformists of every description. Its effect is to exclude, by a special law of limitation made for that express purpose, all inquiry into the conformity or otherwise of the doctrines taught or ritual practised in any chapel or meeting-house of any Non-conformist body, or the intentions of the founders by whom the building or its accessories or endowments were given, when such doctrines have been taught there, or such ritual practised, for the last twenty-five years; unless they are, in express terms, prohibited or excluded by some written instrument governing the foundation. The Act was passed inconsequence of the decision in what is commonly known as 'Lady Hewley's Case', Shore v. Wilson, (1842) 9 Cl&F 355, in which it was held by the House of Lords that Unitarian congregations, inspite of long and ...
Entitled consumer
Entitled consumer, means a person in a cantonment who is paid from the Defence Services Estimates and is authorised by general or special order of the Central Government to receive a supply of water for domestic purposes from the Military Engineer Services of the Public Works Department on such terms and conditions as may be specified in the order. [(English) Cantonments Act, 1924 (2 of 1924), s. 2 (xic)]...
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