Exclusiveness - Law Dictionary Search Results
Home Dictionary Name: exclusiveness Page: 3Property
Property, an actionable claim against the tenants is undoubtedly a species of property which is assignable, State of Bihar v. Kameshwar Singh, AIR 1952 SC 252.Comprises every form of tangible property, even intangible, including debts and chooses in action such as unpaid accumulation of wages, pension, cash grants, and constitutionally protected privy purse, See M.M. Pathak v. Union of India, AIR 1978 SC 802.Decree is to be treated as property, Associated Hotels of India v. Jodha Mal Kuthiala, AIR 1950 Punj 201.Every movable property is included in the ordinary connotation of the word 'property', Chunni Lal v. State, AIR 1968 Raj 70.In commercial law this may carry its ordinary meaning of the subject-matter of ownership. But elsewhere, as in the sale of goods it may be used as a synonym for ownership and lesser rights in goods, Dictionary of Commercial Law by A.H. Hudson, (1983, Edn.).In Entry 42, List III (Constitution of India) includes the power to legislate for acquisition of an un...
Vessel
Vessel, includes any ship, boat, sailing vessel or any other vessel of any description. [Offshore Areas Mineral (Development and Regulation) Act, 2002, s. 2(w)]Vessel, includes any ship, boat, sailing vessel, or other description of vessel used in navigation whether propelled by oars or otherwise and anything made for the conveyance, mainly by water, of human beings or of goods and a caisson. [Explosives Act, 1884 (IV of 1884), s. 4 (j)]According to the General Clauses Act a 'ship' shall include a vessel of every description used in navigation and not exclusively propelled by oars. A vessel on the other hand is a ship or boat or any other description of vessel used for navigation. Therefore, a vessel which is exclusively propelled by oars would not fall within the definition of a ship but would be covered by the wider definition of a vessel. From these two definitions it cannot be inferred that a mechanically propelled vessel is not a boat for the simple reason that the definition of v...
gross
gross [Middle English, immediately obvious, from Middle French gros thick, coarse, from Latin grossus] 1 : flagrant or extreme esp. in badness or offensiveness : of very blameworthy character [a violation of the rules of ethics] [a abuse of trust] 2 : consisting of an overall total exclusive of deductions [ annual earnings] compare net gross·ly adv gross·ness n n : overall total exclusive of deductions in gross 1 : as a lump sum see also lump sum alimony at alimony 2 : independently existing, belonging to a person, and not attached to land see also easement in gross at easement vt : to earn or bring in (an overall total) exclusive of deductions (as for taxes or expenses) ...
jurisdiction
jurisdiction [Latin jurisdictio, from juris, genitive of jus law + dictio act of saying, from dicere to say] 1 : the power, right, or authority to interpret, apply, and declare the law (as by rendering a decision) [to be removed to the State having of the crime "U.S. Constitution art. IV"] [a court of competent ] see also situs International Shoe Co. v. Washington in the Important Cases section compare venue NOTE: Jurisdiction determines which court system should properly adjudicate a case. Questions of jurisdiction also arise regarding quasi-judicial bodies (as administrative agencies) in their decision-making capacities. ancillary jurisdiction : jurisdiction giving a court the power to adjudicate claims (as counterclaims and cross-claims) because they arise from a cause of action over which the court has original jurisdiction ;specif : supplemental jurisdiction acquired by a federal court allowing it to adjudicate claims that are based on state law but that form part of a case...
Annuity
Annuity, in order to constitute an annuity, the payment to be made periodically should be a fixed or predetermined one, and it should not be liable to any variation depending upon or on any ground relating to the general income of the fund or estate which is charged for such payment, CWT v. P. K. Banerjee, (1981) 1 SCC 63 (75): AIR 1981 SC 401. [Wealth-Tax Act, 1957, s. 2(e)(1)(iv)]It is a right to receive a specified sum and not an aliquot share in the income arising from any fund or property. Ordinarily an annuity is a money payment of a fixed sum annually made and is a charge personally on the grantor, CWT v. Arundhati Balkrishna, (1970) 1 SCC 561 (565): AIR 1971 SC 915. [Wealth Tax Act, 1957, s. 2(e)(iv)]An annuity is a fixed sum payable annually either in perpetuity or for any less period. When charged upon land either freehold or leasehold both, exclusively of purely personal estate, it is strictly a rent charge; see (English) Real Property Limitation Act, 1833 (3 & 4 Will. 4, c....
Peculiar
Peculiar, a particular parish or church that has jurisdiction within itself, and exemption from that of the ordinary. There are several sorts:-(1) Royal peculiars which are the sovereign's free chapels, and are exempt from any jurisdiction but that of the sovereign. (2) Peculiars of the archbishops, exclusive of the bishops and archdeacons, which arose from a privilege they had to enjoy jurisdiction in such places where their seats and possessions were. (3) Peculiars of bishops, exclusive of the jurisdiction of the bishops of the diocese in which they are situate. (4) Peculiars of bishops in their own dioceses, exclusive of archdiaconal jurisdiction. (5) Peculiars of deans, deans and chapters, prebendaries, and the like, which are places wherein, by ancient compositions, the bishops have parted with their jurisdiction as ordinaries to these corporations. See Parham v. Templer, (1820) 3 Phill Ec Rep P. 245; Tomlins' Law Dict....
Territorial waters
Territorial waters. This expression is used with regard to that portion of the sea, upto a limited distance, which is immediately adjacent to the shores of any country, and over which the sovereignty and exclusive jurisdiction of that country extends. The generally recognized limit is three miles, which was the range of canon in the seventeenth century (see Grotius). Territorial waters are considered as territory to the extent that fishing in such waters is reserved for the exclusive benefit of the subjects of the adjacent country. See the Territorial Waters Jurisdiction Act, 1878 (41 & 42 Vict. c. 73), passed in consequence of the decision in R. v. Keyn, (1876) 2 Ex D 63.Territorial waters shall have the same meaning as in s. 3 of the Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976 (80 of 1976). [Wild Life (Protection) Act, 1972 (53 of 1972), s. 2 (30A)]...
Transfer of property
Transfer of property, includes a transfer of any interest in property and the creation of any charge upon property. [Provincial Insolvency Act, 1920 (5 of 1920), s. 2 (1) (f)]Section 5 defined 'transfer of property' as meaning 'an Act by which a living person conveys property, in present or in future to one or more other living persons, or to himself, or to himself and one or more other living persons', and 'to transfer property' is to perform such act, Dattatraya Shanker Mote v. Anand Chintaman Datar, (1974) 2 SCC 799 (809): (1975) 2 SCR 224.In its general sense, the expression 'transfer of property' connotes the passing of rights in the property from one person to another. In one case there may be a passing of the entire bundle of rights from the transferor to the transferee. In another case, the transfer may consist of one of the estates only out of all the estates comprising the totality of rights in the property. In a third case, there may be a reduction of the exclusive interest ...
easement
easement [Anglo-French esement, literally, benefit, convenience, from Old French aisement, from aisier to ease, assist] : an interest in land owned by another that entitles its holder to a specific limited use or enjoyment (as the right to cross the land or have a view continue unobstructed over it) see also dominant estate and servient estate at estate compare license, profit, right of way, servitude affirmative easement : an easement entitling a person to do something affecting the land of another that would constitute trespass or a nuisance if not for the easement compare negative easement in this entry apparent easement : an easement whose existence is detectable by its outward appearance (as by the presence of a water pipe) ap·pur·te·nant easement [ə-pərt-n-ənt-] : easement appurtenant in this entry common easement : an easement in which the owner of the land burdened by the easement retains the privilege of sharing the benefits of the easeme...
Gift
Gift. The old text-writers made a gift (donatio) a distinct species of deed, and describe it as a conveyance applicable to the creation of an estate-tail; while a feoffment they strictly confine to the creation of a fee simple estate. The operative verb was 'give,' which no longer implies any covenant in law (Real Property Act, 1845 (8 & 9 Vict. c. 106), s. 4), replaced by the Law of Property Act, 1925, s. 59(2), and the deed required livery of seisin. It is obsolete. See Jac. Law Dict.A gift is now understood to mean a mere voluntary assurance or transfer of property without any consideration being given for it. Such a transaction is apt to be very jealously scrutinized in a Court of Equity, and will be set aside on proof of undue influence (see that title), or of a fiduciary relationship of the donee to the donor, see Huguenin v. Baseley, (1806-8) 14 Ves 273; W. & T. L.C.; Morley v. Loughman, (1893) 1 Ch 736 (757); Lyon v. Home, (1868) LR 6 Eq 655. In the absence of any such objectio...
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