Express Condition - Law Dictionary Search Results
Home Dictionary Name: express conditionExpress condition
Express condition, the words 'express condition' stipulates that condition must be clear, manifest, explicit, unambiguous and there is no question of drawing any inference. If there is no express condition restraining partial alienation of the leasehold property, it would not be open to the transferee of the lessor's right to invoke the forfeiture clause for determining the perpetual lease and such conditions cannot be inferred by implication, Raghurao Rao v. Eric P. Mathias, (2002) 2 SCC 624: AIR 2002 SC 797 (802). [Transfer of Property Act, 1882, s. 111(g)]...
express condition
express condition see condition ...
Condition of service
Condition of service, includes transfer of the employees, General Officer Commanding-in-Chief v. Subhash Chandra Yadav, (1988) 2 SCC 351: AIR 1988 SC 876. [Cantonment Board Service Rules (1937) R. 5C]The expression 'conditions of service' is an expression of wide import. As pointed by the Supreme Court in Pradyat Kumar Bose v. Hon'ble the Chief Justice of Calcutta High Court, (1955) 2 SCR 1331, the dismissal of an official is a matter which falls within 'conditions of service' of public servants. The Judicial Committee of the Privy Council in North West Frontier Province v. Suraj Narain Anand, (1948) LR 75 IA 343, took the view that a right of dismissal is a condition of service within the meaning of the words under s. 243 of the Government of India Act, 1935. Lord Thankerton speaking for the Board observed therein: 'apart from consideration whether the context indicates a special significance to the expression 'conditions of service' their Lordships are unable in the absence of any su...
condition
condition 1 : an uncertain future act or event whose occurrence or nonoccurrence determines the rights or obligations of a party under a legal instrument and esp. a contract ;also : a clause in the instrument describing the act or event and its effect concurrent condition : a condition that is to be fulfilled by one party at the same time that a mutual condition is to be fulfilled by another party condition implied in law : constructive condition in this entry condition precedent [-pri-sēd-nt, -pre-sə-dənt] : a condition that must be fulfilled before performance under a contract can become due, an estate can vest, or a right can become effective condition subsequent : a condition whose fulfillment defeats or modifies an estate or right already in effect or vested or discharges an already existing duty under a contract constructive condition : a condition created by operation of law called also condition implied in law compare express condition in this entry e...
fee simple
fee simple pl: fees simple [simple without limitation (as to heirs) and unrestricted (as to transfer of ownership)] : a fee that is alienable (as by deed, will, or intestacy) and of potentially indefinite duration ;esp : fee simple absolute in this entry fee simple absolute : a fee that is freely inheritable and alienable without any limitations or restrictions on transfers and that is of indefinite duration NOTE: A fee simple absolute is conveyed by language granting the estate “to the grantee and his or her heirs,” “to the grantee, his heirs and assigns,” or “to the grantee.” The term heirs is considered in this context a word of limitation, and so this does not create a future interest in the estate in the heirs but simply makes the estate freely alienable. fee simple conditional : a fee granted to an individual and to that individual's descendants which is subject to a reversion or remainder if the grantee has no lineal descendants but wh...
Freedom of expression
Freedom of expression, in a democracy freedom of expression is indispensable as all men are entitled to participate in the process of formulation of common decisions. Indeed, freedom of expression is the first condition of liberty. It occupies a preferred position in the hierarchy of liberties giving succour and protection to other liberties. It has been truly said that it is the mother of all other liberties. The Press as a medium of communica-tions a modern phenomenon. It has immense power to advance or thwart the progress of civilization. Its freedom can be used to create a brave new world or to bring about universal catastrophe, Indian Express Newspapers (Bombay) Private Ltd. v. Union of India, AIR 1986 SC 515: (1985) 1 SCC 641: (1985) 2 SCR 287.Freedom of voting by expressing preference for a candidate is nothing but freedom of expressing oneself in relation to a matter of prime concern to the country and the voter himself, People's Union for Civil Liberties v. Union of India, AIR...
On the same terms and conditions in all respects
On the same terms and conditions in all respects, means when this expression is used in a lease at the time of its renewal subject to alteration as to duration of time and rent, the expression conveys the idea that the lease deed is to be replicas of the old lease, save and except in the two points of duration to time and rent, Bachelor v. Murplay, 1926 AC 63....
Such conditions in this behalf
Such conditions in this behalf, the expression 'such conditions in this behalf' in the context should take in conditions dealing with the position which would inevitably arise when the business comes to an end. Okara Electric Supply Co. Ltd. v. State of Punjab, AIR 1960 SC 284: (1960) 2 SCR 239....
Conditional fee
Conditional fee. This species of formerly inheritable freehold (now, equitable interest, except under (English) Law of Property Act, 1925, s. 8) is marked, as to its duration or time of continuance, by an event beyond which it is not to endure. The event is the qualification which gives a name to this estate, and ascertains its determination. A fee qualified is frequently called a fee base, i.e., impure, defective, and circumscribed. There is hardly any event, provided it be lawful, and do not violate the rule against perpetuity, which may not be made the cause of the determination of this fee.The following events are specimens of qualifications, which may be expressly annexed to this estate.A limitation to A. and his heirs--(1) Peers of the realm;(2) Lords of the manor of Blackacre;(3) Tenants of the manor of Dale;(4) During the time whilst a particular tree shall stand;(5) Till the marriage of a certain person takes place;(6) Till certain debts be paid;(7) Till default be made in pay...
Condition
Condition. An event upon which a right under contract or to property may arise, become altered, or cease. Condition has been used in connection with personal obligations to distinguish one kind of obligation from another in the same transaction and to limit property. In their primary meaning, conditions precedent are events, but for the happening of which, rights will not arise.A condition subsequent puts an end to a state of things which, but for its happening, would have continued. Dependent or collateral conditions depend upon their mutual fulfilment as in a contract for sale of land where, unless otherwise agreed, the payment of the purchase money is conditional upon the conveyance and vice versa.Conditions may be imposed by the parties, either expressly or by necessary implication arising our of the construction of the document or agreement, or they may be implied bylaw according to the nature of the transaction.A peculiarity of conditions precedent is that an illegal or impossibl...
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