Express Condition - Law Dictionary Search Results
Home Dictionary Name: express condition Page 1 of about 43 results (0.003 seconds)Express 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
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...
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...
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...
Tamashuk sarti kebala
Tamashuk sarti kebala, in law Lexicon, P. Ramanatha Iyer gives the following meanings to the word 'kebala'; 'Any deed of conveyance or transfer of right or property, any contract of bargain or sale, a bond, a bill sale, title-deeds, and the like'. Even accepting the widest meaning given to that word, the expression can only mean a bond or a contract by way of conditional sale. So trans-lated the expression is consistent with a mortgage, as well as with a sale and therefore that is a neutral circumstance, Bhoju Mandal v. Debnath Bhagat, AIR 1963 SC 1906 (1908): (1963) 2 Supp SCR 82. (Transfer of Property Act, 1882, s. 58)Words if literally translated, they would mean 'a bond by way of conditional sale', Bhoju Mondal v. Debnath Bhagat, AIR 1963 SC 1906 (1908). [Transfer of Property Act, 1882, s. 58]...
Same work or work of a similar nature
Same work or work of a similar nature, means work in respect of which the skill, effort and respon-sibility required are the same, when performed under similar working conditions, by a man or a woman and the differences, if any, between the skill, effort and responsibility required of a man and those required of a woman are not of practical importance in relation to the terms and conditions of employment. [Equal Remuneration Act, 1976 (25 of 1976), s. 2(h)]The expression contemplates stress upon the similarity of skill, effort and responsibility when performed under similar conditions, State of Madhya Pradesh v. Pramod Bhartiya, AIR 1993 SC 286 (292). [Equal Remuneration Act, 1976 (25 of 1976), s. 2(h)]...
Emancipation
Emancipation. A solemn act by which a pater-familias divests himself of his power over his filius-familias, so that the filus-familias may become sui juris. There are three forms of emancipatio: (1) The old emancipation, which was by several man-cipationes, followed by several enfranchisements. The man-icipatio, or solemn sale, destroyed the patria potestas and put the filius familias in mancipio, which was a kind of slavery. The enfranchisement by the purchaser made the filius-familias sui juris. As the enfranchiser acquired all rights of patronage, the father, on occasion of the last mancipatio, added the trust-clause (fiducia contracta), i.e., an express condition that the purchaser should remancipate the filius-familias to the pater-familias, so that having ceased to be a pater-familias, and being only an ordinary purchaser, he might enfranchise his child, and so acquire the rights of patronage.(2) The Anastasian emancipation, introduced by Anastasius. It consisted in obtaining an ...
Tail after possibility of issue extinct, Tenant in
Tail after possibility of issue extinct, Tenant in. This estate arises out of a special entail as to the parentage of the issue, when the express condition has become impossible by reason of death. Thus, if an estate be granted to husband and wife, and their issue, male or female, if either of them die without issue, the survivor is tenant-in-tail after possibility of issue extinct; and even if there have been issue, yet if the issue die without issue, then the surviving parent is also such a tenant; and also if an estate be entailed upon a man and his issue from a particular wife, if she die without issue, the interest of the husband becomes reduced to a tenancy-in-tail after possibility of issue extinct. Only a donee in tail-special can become such a tenant, for if the entail be general, such a tenancy can never arise; for whilst he lives he may have issue, the law not admitting the impossibility of having children at any age. As an estate-tail is originally carved out of a fee-simpl...
Terms
Terms, the periods during which the superior courts at Westminster were open.The legal year consists of four terms: Michaelmas, Hilary, Easter, and Trinity (which see), the year beginning with Michaelmas Term.The commencement and duration of the terms were fixed by 11 Geo. 4 & 1 Wm. 4, c. 70, s. 6, and 1 Wm. 4, c. 3, s. 3. By the first of these enactments Hilary Term began on the 11th and ended on the 31st of January; Easter Term began on the 15th of April and ended on the 8th of May; Trinity Term began on the 22nd of May and ended on the 12th of June; and Michaelmas Term began on the 2nd and ended on the 25th of November. Vacations in the Equity Courts were regulated also by Cons. Ord. V.By the (English) Judicature Act, 1873, s. 26, now repealed, it was provided that the division of the legal year into terms should be abolished so far as relates to the administration of justice. But in all other cases in which, under the law previously existing, the terms into which the legal year is ...
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